l e m e . l i b r a r y . u t o r o n t o . c a s t c 2 0 7 0 7 v e r . 1 . 0 ( 2 0 2 1 ) ¶ An exposi­ tion of certaine difficult and obscure wordes, and termes of the lawes of this Realme, newly set foorth & augmented, both in french and English, for the helpe of such younge students as are desi­ rous to attaine the know­ ledge of the same. where­ unto are also added the olde Te­ nures. ¶ In ædibus Richar­ di Tottelli. ¶ Cum Priuilegio. ABatement de briefe ou plaint 1 Abatement en terres 1 Abbe 2 Abbettours 2 Abeyance 2 Abirshersing 4 Abiuration 4 Abridgement de plaint ou demaund 5 Acceptance 5 Accessories 6 Accion 7 Accions personals 7 Accions populer 7 Accions reals 8 Accord 8 Acquitall 8 Acquitance 9 Additions 10 Adiournement 11 Administratour 11 Actes 11 Admirall 12 Aduowson 12 Age prier 13 Agreement 13 Aide 16 Alien 17 Alenation 17 Ambidexter 17 Amendement 18 Amercement 18 Amercement royal 18 An, iour, & wast 19 Annuity 19 Appeale 19 Appellant 20 Appellor 20 Appendant & appur­ tenant 20 Apporcionment 20 Appropriacions 21 Approuement 23 Arbitrement 23 Arrest 23 Arrerages 24 Assets 24 Assignee 25 Attainder 26 Auerment 26 Auerpeny 26 Auncient demesne 26 Auowry 27 B ¶ Baile 27 Bailement 28 Bailife 28 Bakberind theef 28 Bargaine & sale 29 Barre 29 Bastard 29 Battaile 30 Bigamy 31 Blodewit 32 Boote 32 Brodehalpeny 32 Brugbote 33 Burghbote 33 Burghbrech 33 Burgh english 33 Burglarie 33 C ¶ Caruage 34 Cession 34 Challenge 35 Champertours 36 Charge 36 Charters de terres 36 Chattels 36 Childwite 37 Chimin 37 Chose en action 37 Circuit daccion 37 Claime 38 Clergy 38 Clerke attaint & clerk conuict 40 Colour 40 Colour doffice 42 Collusion 42 Common ley 43 Common 44 Condicion 45 Confiscat bien">s 47 Contract 47 Conuzance 48 Corody 49 Coroner 51 Corporation 51 Corps politik 52 Corruption de sank 52 Couenant 52 Couerture 52 Couin 53 Counterplee 53 Cinque ports 53 D ¶ Damages fes. 58 Danegeld 59 Deane & chapiter 59 Declaration 60 Defendant 60 Demeasnes 60 Demaundaunt 60 Demy sanke ou sangue 61 Demurrer 61 Denizen 61 Deodand 62 Departure de son plea ou matter 62 Departure in dispute del court 62 Deputy 63 Deuastauerunt bona testatoris 63 Deuise 64 Discent 68 Disclaimer 68 Dismes 68 Disperagement 69 Disseisin 70 Disseisin sur disseisin 70 Disseisour & disseisee 70 Distresse. 70 Diuorce 72 Donor & donee 73 Double plee 73 Droit 73 Droit dentrie 73 Dures 73 E. ¶ Eire Iustices 74 Embrasour, ou Em­ braceour 74 Encrochment 75 Enheritance 75 Equitie 76 Escape 77 Esplees 78 Essoine 78 Estoppel 79 Estraungers 81 Estraye 81 Excommengement 81 Exchange 82 Execution 83 Executor 83 Extinguishment 84 Extorcion 85 F. ¶ Failer de Record 85 Fait 86 Farme ou ferme 91 Fee farme 92 Feoffement 92 Feffor & feffee 92 Firebote 92 Fledwite. 93 Flemeswite 93 Fletwite 93 Forstal 93 Forstaller 93 Fraunches roial 94 Frankmariage 94 Franktenement 95 Fresh suit 95 G. Gager de deliueraunce 96 Garde 97 Garden. 97 Garnishment 98 Gauelate 99 Gauelkind 100 Gelde 129 Grithbrech 129 H. ¶ Hangwite 129 Hariot 129 Harbote ou hedge­ bote 130 Hidage 131 Hotchpot 131 Homesoken 132 Homicide ou man­ slaughter 132 Hornegeld 132 Housebote 133 Hundredum 134 I. ¶ Ideot 134 Illoial assembly 135 Imparlance 135 Imprisonment 135 Infangthefe 135 Information 136 Iointure 136 L. ¶ Larceny 137 Lastage 138 Lessor & lessee 138 Leuant & couchant 138 Ley gager 138 Liuery de seisin 139 Lotherwite 143 M. ¶ Mahim 143 Mainprise 142 Mannor 142 Manumission 141 Maximes 141 Mainour 144 Misprision 144 Monstrans de faits ou records 145 Mortgage ou mor­ gage 146 Mortmaine 147 Mulier 147 Murder 148 N. ¶ Negatiua preig­ nans 148 Niefe 149 Nihil dicit 150 Nomination 151 Nonability 151 Nude contract 151 O. ¶ Oredelfe 152 Outfangthiefe 152 Oweltie 152 Oyer de records & faits 152 P. ¶ Pape 153 Particion 154 Parties 155 Patron 156 Perquisities 156 Pleintise 156 Pleding 157 Pound 157 Possession 157 Preamble 158 Prescription 159 Presentment 159 Pretensed droit ou title 159 Priuie ou priuitie & priuies 159 Priuiledges 161 Prochein amy 161 Protestation 162 Purchase 163 Q. ¶ Quarentine 163 Quinzim 163 R. ¶ Regratour 164 Reioinder 164 Reliefe 164 Remainder 166 Replication 166 Reprises 167 Resceit 167 Reseruation 167 Retraxit 168 Reue 168 Reuersion 169 Riot 170 Robbery 170 Rout 170 S. ¶ Sake 170 Scot 171 Shewinge 171 Socke 171 Sokemans 171 Spoliation 173 Stallage 174 Suit couenant 174 Suit custome 174 Suit real 175 Suit seruice 175 T. Taxe & Tallage 175 Tenure in capite 176 Testament 176 Them 177 Thefeboote 177 Title 178 Title de entrie 178 Tolle ou toine 178 Tourne del viscont 180 Treasure troue 180 V. ¶ Viewe 181 Viscont 181 Voucher 183 Vses 183 Vsurie 184 Vtlagaries 185 W. Waife 186 Waiue 187 Warwite 187 Wrecke 187 FINIS. SEruice de chiua­ ier 188 2 Graund serieanty 189 3 Petit serieanty 189 4 Escuage 189 5 Homage auncestrel 190 6 Curtesy Dengleterre 191 7 ¶ Fee simple 191 8 Frank tenure 191 9 Dower 191 10 Terme dans 192 11 Mortgage 192 12 Burgage 193 13 Socage 194 14 Fee ferme 195 15 Frank fee 195 16 Base fee 195 17 Villenage 195 18 Taile 198 19 Taile apres possi­ bility dissu extinct 198 20 Frank mariage 199 21 Frank almoigne 200 22 Elegit 201 23 Statute merchant 204 24 Rent seruice 205 25 Rent charge 207 26 Rent secke 209 27 Suit seruice 211 FINIS. ¶ Abatement of a writ or plaint, ABatement of a writ or plaint, is when an acti­ on is brought by writ or plaint, wherein is lack of sufficient & good matter, or els the mat­ ter alleaged, is not cer­ teinly set downe, or if the plaintife or defen­ dant, or place, are misna­ med, or of ther appeare variance betwene the writ and the specialty, or recorde, or that the writ or the declaration be vncerten, or for death of the plaintif or defen­ dant, & for diuers other lyke causes which I omyt of purpose, for thereof alone, a man might make a large dis­ course, and I determin to satisfie you (good Brother Nicholas) as wel as I may, with as much breuitie, and as litle trouble to my self as I can, then vppon those defaults, the de­ fendant may pray that the writte or plaint may abate, that is to say, that the plaintife suit against him may cease for that time, and that he shall begyn a­ gaine his suit, & bring a new writ or plaint if he bee so dysposed to do. ¶ Abatement in landes. ABatement in lands or tenementes, is when a man dyeth seised of landes or te­ nementes, and a stran­ ger, that is to say, one that hath no right en­ treth into the same landes or tenementes, before the heir maketh his entrie, this entrie of the stranger is called an abatement, & he an abatour. But if the heire enter first after the death of his auncestor, and the straunger en­ ter vpon the possession of the heire, this en­ trie of the straunger, is a disseisine to the heire. ¶ Abbot. ABbot, was the so­ ueraigne head or chief of those hou­ ses of Popish Reli­ gion, whiche when they stoode were cal­ led Abbeis, and this Abbot together wyth the Monkes of the same house, who were called the Couent, made a corporation. ¶ Abbettors. ABbettors are in di­ uers cases diuersly taken, one kind of ab­ bettors are they that maliciouslye without iust cause or desert do procure other to sue fals appeals of murder or felony, against men, to the entent to trouble and greue them, and to brynge them into in­ famye and sclaunder. Abbettors in murder, are those that com­ maund, procure, coun­ sell, or comfort others to murder. And in some case, such abbet­ tors shall bee taken as principals, and in some case but as Accessories So in other felonies. And theyr presence at the deede doing, & theyr absence, maketh a diffe­ rence in the case. There are abbettors also in Treason, but they are in case as principalls, for in Treason there are no accessories. ¶ Abeiance. ABeyance is when a leas is made for terme of life, the re­ maynder to the right heires of I. S. which I.S. is lyuing at the tyme of the graunt: Now this graunt of remainder passeth from the grauntor present­ lye, yet it vesteth not presently, nor taketh holde in the grauntee, that is to say, the right heire of I. S. but is said to be in Abeiance, or as the Logyciens terme it in power, or in vnderstanding, and as we say in the clouds. That is to witte, in the consideration of the lawe. That if I. S. dye, leauing a ryght heire lyuing, and ly­ uing the lessee for lyfe, then this is a good re­ mainder, and now ves­ teth and commeth into that right heyre, in such sort, as that hee may graunt, forfait, or otherwise dyspose the same, and ceaseth to be any more in abeyance, for that there is one now of abilitye to take it because that I. S. is dead, and hath left a right heire in lyfe, which coulde not bee lyuing I.S. for that duringe his life, none could properly be said his heire. Also if a man be patron of a church, and presenteth one to the same: Now is the fee in the person, but if the person dye, and the church is become void, then is the fee in abey­ ance, vntill there bee a new person presented, for the patron hath not the fee, but onely the right to present, and the fee is in the in­ cumbent that is pre­ sented, and after hys death, it is in no body but in abeyance tyll there bee a new in­ cumbent, as is afore­ saide. ¶ Abishersing. ABishersing (and in some copyes Mis­ hersing,) that is to be quite of amercementes before whom soeuer of transumption pro­ ued. ¶ Abiuration. ABiuration is an othe that a manne or woman shall take, when they haue com­ mitted Felonie, and flie to the Church or church yarde for safe­ garde of their lyues, choosing rather perpe­ tuall banishment out of the Realme, then to stand to the Law, & to be tried of the felony. And this lawe was instituted by Saynt Edward the Confes­ sour a Kinge of thys realme before the con­ quest, & was grounded vpon the law of mer­ cie, & for the loue and reuerence, no doubt, that hee and other hys successors did beare vn­ to the house of God, or place of prayer and administration of hys woord and sacramen­ tes, which wee cal the church. But how vn­ comely a thing it was or is, and how farre from the nature of the house of God, to make her a succourer and de­ fender of horrible mur­ ferers & theeues. You may consider (brother Nicholas) and the ra­ ther when you remem­ ber what our Sauy­ our Christ saide, re­ prehending the Iewes, and paraduenture also prophesinge of thys. My house shalbe cal­ led the house of praier, but you haue made it a denne of theeues. ¶ Abridgement of a plaint or demaund. ABridgement of a plaint or demaund is wher one brin­ geth an Assise, writte of dower, writte of warde, or such lyke, where the writ is,de libero tenemento, as in a writte of dower, the writ is,Rationabilem dotem que eam contingit de libero tenemento W. her husband. And in a writte of Warde the writte is,Custod' ter­ rarum & her&ecedil;d' &c. And the plaintyfe or de­ mandant demaundeth dyuers acres or par­ cells of lande, and the tenant pleadeth Non­ tenure or iointenancy, or some other such like plee, to parcell of the land demaunded, in a­ batement of the writ: then the plaintif or de­ mandant, may abridge hys plaint or demaund to that parcel, that is to say, hee may leaue that part out and pray that the tenaunt shall aunsweare the rest to which he hath not yet pleded any thing. The cause is, for that in such writs the certein­ tye is not set downe, but the demaund run­ neth generallyde libe­ ro tenemento, and not­ withstanding the de­ mandant hath abridged his plaint or demaund in part, yet the writte remaineth good stil,de libero tenemento for the rest. ¶ Acceptance. ACceptance is a ta­ king in good part, and as it were an a­ greeing vnto some act done before, whych might haue ben vndon and auoyded (if such acceptance had not ben) by him or them that so accepted. As for exam­ ple, if an Abbot lease lande of his house for terme of yeares, re­ seruinge rent and dy­ eth, and after an o­ ther is made Abbot, who accepteth, that is to say, taketh or receyueth the rente when it is due, and ought to bee payed: Now by this accep­ taunce the lease is made perfect and good, which els the Abbot myght very well haue auoyded and made frustrate. The lyke law is, if a man and his wife seised of land in the ryght of the wyfe ioyne and make a lease or feoffement reseruinge rent, and the husbande dyeth, shee accepteth or recei­ ueth the rent, by which the feoffement or lease is made per­ fecte and good, and shal barre her to bring her writte calledCui in vita. ¶ Accessories. ACcessories are in two sorts, the one before the offence, the other after the of­ fence is done. Accessorie before the fact, or offence, is hee that commaundeth or procureth an other to doe felonie, and is not there present him selfe when the other doth it but if he be present, then he is also principal. Accessory after the of­ fence or fact, is he that receyueth, fauoureth, or aideth, a felon, know­ ing well of the deede that he hath done. Also one may be acces­ sorie to an accessory, as if one feloniously re­ ceyue an other that is accessorie of a felonie, there the receiuer is an accessorie. ¶ Accion. ACcion is a suite geeuen by the law to recouer a thing, as an action of debte and such like. ¶ Accions personals. ACcions personals bee such accions whereby a manne claymeth debt, or o­ ther goodes or cattell, or dammage for them, or damages for wrong done to his person. ¶ Accion populer. ACcion populer is an accion which is geeuen vppon the breach of some Penal statute; which action euery man that wyll may sue for him selfe, and the Queene, by information or other­ wise, as the statute al­ loweth and the case requyreth. And of these actions there bee an infinite number, but one for example is, when any of the iurie that are impanelled & sworn to passe betwen party and party indif­ ferently, do take any thing of the one side or other, or of both par­ ties, to say their ver­ dicts on that side: then any man that wil within the yeare next follow­ inge the offence made, may sue a writ called Decies tantum agaynst him or them that so did take to geeue their verdict, & because that this action is not gee­ uen to one man specy­ ally but generally to the Queenes people that wyll sue, it is called an actyon po­ puler. ¶ Actions reals. ACtions reals, bee such actions where by the demaundaunt claymeth title to any landes or tenementes, rentes, or common, in fee simple, fee taile, or for terme of life. ¶ Accorde. ACcord is an agree­ ment betwene two at the least, eyther to satisfie an offence, that the one hath made to the other. Or els it is a contract with diuers articles to bee done, some on the one part, and some on the other, where there shalbe one thinge for an other &c. The firste is, when a manne hath done a trespas, or such like vnto an other for the which hee hath agreed with hym, satisfied and contented hym, with some recompence alreadie executed and done in deede. And be cause that this recom­ pence, is a full satis­ faction for the offence, it shalbe a good barre in the law, if the other should sue againe any action for the same trespas. The other is, when as I.S. letteth a chamber for yeres to H.G. & it is farther a­ greed betwene them, that the said H.G. shal be at boorde with the said I.S. and shal for the same chamber and boorde pay to the sayd I.S. a certein summe &c. this is a contract & accorde, with articles on both sides. ¶ Acquital. ACquital is where there is Lorde, mesne, and tenant, and the tenant holdeth of the Mesne certeyne landes or tenementes in frankalmoygne, frankmariage or such lyke, and the mesne holdethe ouer also of the Lord paramount, (or aboue him. Nowe ought the mesne to ac­ quite or discharge the tenant of all and eue­ ry manner of seruice, that any other would haue or demaunde of hym concernynge the same landes or tene­ mentes, for that the tenaunt must doo his seruyce to the mesne onely, and not to dy­ uers Lordes for one tenement, or parcel of lande. The same lawe is where there is lord, mesne, and tenant, as aforesayde, and the mesne graunted to the tenant (vppon the te­ nure made betweene them) to acquite, and dyscharge hym of all rentes seruyces, and such lyke. This dis­ charge is called acqui­ tall. ¶ Acquitance. ACquitance is a dis­ charge in writing, of a summe of money, or other duetie which ought to bee payde, or done. As if one be bounde to pay money vppon an obligation, or rent reserued vp­ pon a lease, or such like, and the partye to whom the money, or duety shoulde bee payed, or done, vp­ pon the resceit there­ of, or vppon other a­ greement betwene them had, maketh a wri­ ting, or bil of his hand, in discharge thereof, witnessing, that hee is payed, or otherwyse contented, and there­ fore doth acquite, and discharge him of the same, which acquitance is such a discharge and barre in the law, that hee cannot demaunde, and recouer that summe or duety againe, con­ trary therevnto if hee can shew the acquitance. ¶ Addicions. ADdicyon is that, that is geuen vnto a man, but chiefely to the defendaunt, in ac­ tyons where proces of outlawrie do lie, as in det, and such like, ouer and besides hys proper name and sir­ name that is to say to shewe of what estate or degree, or myste­ rye hee is, and of what Towne or Hamlet or County. Additions of Estate are these, yeoman, gen­ tleman, Esquire, and such like. Addityons of de­ gree are those that we cal names of dig­ nitye, as Knight, Earls, Marques, and Duke. Additions of mistery are suche, Scryue­ ner, Painter, Mason, Carpenter, Tayler, Smith, & so all other of like nature, for mis­ tery is the craft or oc­ cupation, wherby a man getteth his liuinge. Addicions of tow­ nes, as Sale, Dale, and such, and so of the rest. And where a man hath houshold in two places, he shalbe said dwellinge in both of them, so that his addici­ on in one of them doth suffice. And this was or­ dayned by a Statute made in the first yere of H.5. cap. 5. to the intent that one man shoulde not bee gree­ ued nor troubled by the vtlawry of an other, but that by reason of the certeine addicion, euery man myght bee certeinely knowne, and beare his own burden. ¶ Adiournement. ADiourement is when any Court is dissolued, and determyned, and determyned, and as­ signed to bee kept a­ gaine at an other place or time. ¶ Administratour. ADministratour is hee to whome the ordinary commit­ teth theadministration of the goods of a dead man, for defaut of an executour, and an acti­ on shal lie against him and for him as for an executour, & he shalbee charged to the value of the goods of the dead man & no further, if it be not by his own false plee, or for that that he hath wasted the goods of the dead, but if thad­ ministratour die, hys executours be not ad­ ministratours: but it behoueth the Ordinarie to commit a newe ad­ ministration, but if a straunger that is not Administratour nor executoure take the goodes of the dead and minyster of hys owne wronge, hee shalbee charged and sued as an executour & not as administratour in any action that is brought against hym by any creditour. But if the ordinary make a letter ad colligendum bona de­ functi, he that hath such a letter is not Admy­ nistratour, but the ac­ tion lyeth against the Ordinary, as wel as if he tooke the goodes to his owne hande, or by the hande of any of hys seruauntes by a­ ny other commaunde­ ment. ¶ Actes. ACtes of parliament are positiue lawes which consist of two partes, that is to say, of the words of the act & of the sence thereof, & they both ioined to­ gether make the lawe. ¶ Admiral. ADmirall is an offi­ cer vnder the Queene that hath aucthoritie, vpon the sea onely, to see the nauie repaired, & maintained, to sup­ presse, and chase away robbers, and rouers and to deale in mat­ ters betweene party, and partie, concerning thinges done there, and for that purpose hath his court called the Admiralty: yet he may cause his Citati­ on to be serued vppon the lande, and take the parties body, or goods, in execution vpon the land. And also he hath cognisance of the death or mayhem of man com­ mitted in any great ship fleetinge in great riuers in the land be­ neth the bridges of the same next the sea, also to arrest ships in the great streames for the vyages of the Queene and Realme, and hath iurisdiction in the said streames duringe the same viages. ¶ Aduowson. ADuowson is where a man, & his heires haue right to present their Clerke to the or­ dinarye, to a perso­ nage, or other spiri­ tuall benefice when it becommeth void. And hee that hath suche right to present, is cal­ led patron. ¶ Age prier. AGe prier is when an action is brought agaynst an infaunt, of landes that he hath by discent, there he shall shewe the matter to the court, and shal pray that the action shall a­ abide till his ful age of one and twenty yeres, and so by awarde of the court, the suit shal surcesse: But in a writ of Dower and in As­ sise, & also in such ac­ tions where the infant commeth in of his owne wrong he shal not haue his age. Also note well, that there be many diuersi­ ties of ages, for the lord shal haue ayd of his te­ naunt in socage for to marrye his daughter when the daughter of the Lorde is of thage of vij. yeres, and also aide for to make hys sonne & heire knight, when he is of the age of vij. yeres. Also a woman which is maried at the age of ix. yeres if her husband die seysed, shall haue dower and not before nine yeres. Also xiiij. yeres is the age of a woman that she shal not be in warde if she were of such age at the time of the death of her auncester, but if she were within the age of xiiij. yeares and in warde of the lord, then she shalbe in ward till the age of xvi. yeres & also xxi. yeares is the age of the heire male to be in ward, & after that out of warde, & also it is the age of male and female to sue & to bee sued of landes which they haue or claime by discent and to make al maner of contractes & bargains & not before: but if such an infaunt within the age of xxi. yeres geue his goods, & the donee take them, he may haue an action of trespas, but otherwise it is if he deliuer them him selfe. ¶ Agreement. AGreement is after this sorte defined or ex­ pounded in Master Plowdens Commenta­ ries:Aggreamentum is a worde compoun­ ded of two wordes namely ofAggrega­ tio, andMentium, that is to saye agreement of minds, so the agrement is a consent of mindes in some thinge done, or to bee done, and by drawynge toge­ ther of the ij. wordes Aggregatio, andMen­ tium, and by the has­ tye and shorte pro­ nouncinge of them, to witt,Aggreamen­ tum, which is no other thing, then a ioining, putting, cupling, and knitting together of ij. or moe mindes in a­ ny thinge done, or to be done. See after in Testament. And this agreement is in 3. maners. The j. is an agrement executed all ready, at the bee­ ginning. The seconde is an agreement after an act done, by an o­ ther and is an agree­ ment executed also. The third is an agre­ ment executorie or to be done in time yet to come. The first, which is an agreement exe­ cuted already at the be­ ginning, is such where of mencion is made in the statute of 25.E.3. ca. 3. of clothes, in the 4. statute which saith, that the goods & things bought by forestallers being therof attainted, shalbee forfayt to the Queene, if the buyer haue therof made gree wyth the seller, in which case, this word (Gree) which is other wise called agrement, shalbe vnderstood agre­ ment executed, that is pai­ ment for the things. The second maner of agre­ ment, is where one doth a thinge, or acte, and an other agrees or aisentes thereto after­ warde, as if one do a disseisin to my vse, and after I agree to it, now I shall bee a disseisour from the beginninge, and such agreement is an agreement after an act done. The thirde agree­ ment is when bothe partyes at one tyme are agreed, that such a thinge shalbee done in tyme to come, and this agreement is executo­ rie, in as much as the thing shalbe done af­ ter, and yet there, their mindes agreed at one time, but because the perfourmance shalbee afterwarde, and so the thing vpon which the agreement was made remaynes to be done, that agreement shall bee sayde executorye. And that the statute of 26. H. 8. cap. 3. doth proue, where it sayth, that euery vi­ car, person, and such lyke &c. before their actuall possessyon or medling with the pro­ fits of their benefice, shall satisfie, content &c. or agree to pay to the vse of the Queene, the first fruits &c. and if any such person, vi­ car &c. enter in actu­ al possession &c. this agrement is to be vn­ derstoode executory as the comon vse proues, for it is vsed, that hee, with one, or ij. with him doe make two or three obligations for it, to bee payed at certayne dayes after. And this agreement executory, is deuyded in two pointes, One is an agreement executory, which is certeyne at the beginning, as is sayde laste before of the first fruits. The other is, where the certeinty doth not appeare at the first, and the partyes are a­ greed, that the thinge shalbe perfourmed, or payed, vppon the cer­ teinty knowen. As if one sell to an other, al his wheat in such a tasse in his barne vn­ threshed, and it is a­ greed betweene them, that he shal pay for e­ uery bushel xij. d. when it is threshed cleaned & measured. ¶ Aide. AIde is when tenant for terme of life, te­ naunt in dower, te­ nant by curtesie, or te­ nant in taile after pos­ sibilitye of issue ex­ tinct is impleded, then for that that they haue noe estate but for terme of lyfe, they shal pray in ayde of him in the reuersion, and pro­ ces shall bee made by writt against him, to come & plede with the tenant in the defence of the land if he will, but it behoueth that they agree in the plee, for if they vary, the plee of the tenaunt shalbee taken & then the ayde praier is void, but if he come not at the second writ, then the tenant shall aunswere sole. Also tenant for terme of yeres, tenant at wil, tenant by Elegit, and tenant by statute mer­ chaunt, shall haue aide of him in the reuersi­ on, and the seruaunt and baily of their ma­ ster when they haue done any thing law­ fully in the ryght of their master, shal haue ayde. Ayde of the Kinge is in lyke case as it is sayd before of a com­ mon person, and al­ so in many other cases where the kinge may haue losse, although that the tenant be te­ nant in fee simple hee shall haue aide, as if a rent bee demaunded against the kinges te­ naunt whych holdeth in chiefe, hee shal haue ayde, and so hee shall not haue of a common person. Also where a Citie or Boroughe hath a fee ferme of the kinge, and any thing bee de­ maunded against them whiche belongeth to the fee ferme, they shal haue aide for the losse of the king. Also a man shal haue ayde of the king in the steede of voucher. Also the kinges Bailife, the collector and pur­ ueyour shall haue aide of the kinge, as well as the officers of o­ ther persons. ¶ Alyen. ALien is he whose father & him selfe were both borne out of the Queenes legeance, and if such an alien beeing none of the Queenes enemies but an alyen friende, come and dwel here in England & haue issue, this issue is no alyen but English. So if an English man go ouer the Seas with the Queenes licence, and there hath issue, this issue is no alien. ¶ Alienation. ALienation is as much to say, as to make a thing an other mans, to alter or put the possession of lande or other thinge from one man to another. ¶ Ambidexter. AMbydexter ys he, that when a matter is in suit bee­ twene men, taketh money of the one side and of the other, either to labor the suit, or such like, or if he bee of the iury, to say his verdict ¶ Amendement. AMendement is, when errour is in the processe, the Iusti­ ces may amende if af­ ter iudgement. But if there be errour in gee­ uing of iudgement, they may not amend it, but the party is put to his writ of Error. And in many cases where the default appeareth in the clerk that writeth the record it shalbe amen­ ded: but such thinges as come by informati­ on of the partie, as the towne, misterie, & such like, shal not be amen­ ded, for he must inform true vpon his peryl. ¶ Amercement. AMercement most properly is that in a Court Baron, leete or lawday, which in a Court of Recorde before Iustices is cal­ led a fine, and it is a penaltie assessed by the homage for an offence done agaynst the same court, as for lacke of suit of Court, or for not amending of some thing that he was ap­ pointed to redresse by a certeine time at the laste Court day be­ fore, or for such lyke cause. ¶ Amercement royal. AMercement royal is when a Shirif, coroner, or other suche Officer of the Queene is amerced by the Iustices for hys abuse in the office. ¶ An, iour, & wast. AN, iour, & wast is a forfaiture when a man hath commit­ ted petit Treason, or felony, and hath lands which hee holdeth of some common person which shalbe seised for the Queene, & remain in her hands by the space of one yere & a day next after the attainder, and then the trees shalbe dig­ ged vp, the houses shalbe rased & pulled downe, & the pastures & mea­ dowes eyred & plowed vp, a thing the more to greeue the offendors, & terrifie other to fal in­ to the like, in shewing how the law doth de­ test their offence, so farre forth as that it doth execute iudgement & punishment euen vp on their dum & deade thinges. ¶ Annuitie. ANnuitie is a cer­ tein summe of mo­ ney graunted to an other, in fee simple, fee taile, for terme of life, or for terme of yeres, to receiue of the graun­ tor or his heires, so that no fee is charged there with. ¶ Appeale. APpeal is where one hath done murder, robery or felony, then the wife of him that is slain shal haue an acci­ on of appeale against the murderer: but if hee haue no wife, then his next heir male shall haue the appeale at a­ nye time within the yere and day after the deede. And also he that is so robbed, shal haue his appeal within the same time, & if the defendant. be acquited he shal re­ couer damages against the appellor, & thabet­ tors, & they shal haue the imprisonment of a yere, & shall make fine to the king. An Appeale of Mai­ hem is in maner but an action of trespas, for he shal recouer but damages. ¶ Appellant. APpellant is the plaintif in the appeal ¶ Appellour. APpellour or appro­ uer, is he who hath committed some felony which hee confesseth, and now appealeth or approueth, that is to say, accuseth other that were coadiutors, or helpers with hym, in doing the same, or other felonies, whych thing he wil approue, & therefore is called in latinProbator. ¶ Appendant & appurtenant APpendant et appurte­ nant are things that by time of prescription haue belonged, pertei­ ned, and are ioyned to another principal thing with which they passe and goe as accessarie to the same principal thinge, by vertue of these wordes Pertinen­ tijs: as land, aduowsons commons, piscaries, wayes, courtes, & dy­ uers such lyke, to a manour, house, office, or such other. ¶ Apporcionment. APporcionment is a deuydinge into partes of a rent (which is deuidable & not entier or whole,) and for so much as the thing for which, or of which it was to bee paied, is seperated and deuided, the rent also shalbe deuided, hauing respect to the partes. As if a man haue a rent ser­ uice issuing out of lands & he purchaseth parcel of the lande, the rent shalbe apporcioned ac­ cording to the value of the lande. So if a man hold his lande of an other by Homage, Fealty, Es­ cuage, and certeine rent, if the Lorde of whom the lande is holden purchase pur­ cell of the lande, the rent shalbee apporcio­ ned. Also if a man lett landes and goodes for yeares reseruing rent, and after a straunger recouereth the lande, then the rent shalbee apporcioned, because the goodes are not re­ couered, but remayne. And so it is if but part of the lande bee recouered the rent shal bee apporcioned, that is to say, deuyded, and the lessee shall pay, ha­ uinge respect to that whych is recouered, and to that whiche yet remaines in hys handes, according to the value. But a rent charge can not be apporcio­ ned, nor thinges that are entier. As if one hold land by seruice to pay to his lord yerely at such a feast a horse, a Hauke, a Rose, a Cherry or suche like. There if the Lorde purchase parcel of the lande, this seruice is gone altogether, be­ cause a Horse, a Hauke, a Rose, a Cherry, and such o­ ther, can not bee deui­ ded, seuered, nor apporcioned without hurt to the whole ¶ Appropriation. APpropryacions were when those houses of the Ro­ mish Religion, & those religious persons, as Abbottes, Priours, and suche lyke, had the aduowson of a­ nye Parsonage to them, and to their successours, and ob­ tayned lycence of their holie father the Pope, that they them selues and their suc­ cessours from thence forth should bee par­ sones there, and serue the cure. And so at the beginnynge ap­ propryations weare made onelye to those persons spiritual that could minister the sa­ craments and say de­ uyne seruice, as Ab­ bottes, Pryours, Deanes, and suche lyke: After by lyttle and little, they were enlarged and made to other, as namely to a Deane and Chap­ ter, whych is a bodye corporate, consystinge of manie, which bodie together, coulde not say deuine seruice, and what more was to Nunnes that were Prioresses of some Nunrie, which was a wicked thinge, in so much as they could neither minister Sa­ craments nor preach, nor say deuine seruyce to the Parishioners. And al this was vp­ pon pretence of hospi­ talitie, and maynte­ naunce thereof. And to supply these defects a Vicar was deuysed, who should be deputy to the Priores, or to the Deane and Chap­ ter, and also at the last to the saide Abbots & others, to say deuine seruice, & should haue for his labor but a lit­ tle porcion, & they to whom the appropria­ tion was made, should retaine the great re­ uenues, and they dyd nothinge for it, by meanes whereof hos­ pitalitye decayed in the place where yt ought to haue beene chiefely mainteyned, namely in the paryshe where the benefyce was, and were the profits did growe, and so it contynueth to this day, to the great hynderaunce of learning, the impoue­ rishment of the My­ nisterie, and the infa­ mie of the Gospel and professors thereof. ¶ Approuement. APprouement, is where a manne hath common in the Lordes waste ground, and the Lord encloseth part of the wast for him selfe, lea­ uinge neuer the lesse suffycient common, with egresse and re­ gresse for the commo­ ners: This enclo­ singe is called ap­ prouement. ¶ Arbitrement. ARbitrement is an awarde, deter­ minatyon, or iudg­ ment, which one, or moe, maketh at the request of two par­ ties at the least, for, and vppon some debt, trespas, or other con­ trouersie, had betwene the said partis. And this is called in latine Arbitratus, and arbitri­ um, and they that make the awarde or arbitrement, are cal­ led Arbitri, in English Arbitrators. ¶ Arrest. ARrest is when one is taken and restrayned from his lybertye, none shall bee arrested for debt, trespas, detynue, or other cause of ac­ cyon, but by vertue of precept, or com­ maundement out of some court. But for treason, felony, or bre­ kinge of the peace, e­ uery man hath auc­ thority to arrest with out warrant or pre­ cept, and where one shall bee arrested for felony, it behoueth that there hath bene some felony done, and that he be suspected of the same felony, or other­ wise he may haue a­ gainst him that so dyd arrest him, a writte of false imprysonment. ¶ Arrerages. ARrerages, are du­ eties behinde vn­ payed after the daies & times in which they were due, and ought to haue bene paied, whether they be rent of a mannour or any other thinge re­ serued. ¶ Assets. ASsets is in two sortes, the one called assets per dis­ cent, the other assets en­ ter maines. Assets per discent, is where a man is bound in an obliga­ tion and dieth seised of landes in fee simple, which discende to hys heire, but maketh no executors, or if hee make executors lea­ ueth not sufficient goodz to discharge this obli­ gation, then this land shalbe called Assets, that is to say, enough or sufficient to pay the same det, and by that meanes the heire shal­ bee charged, as faire as the lande so to hym dyscended wyll stretche: But if hee haue alyened before the obligatyon be put in suite, hee is dys­ charged. Also when a man seised of lands in taile, or in the right of hys wife, alieneth the same with warrantie, and hath in value as much land in fee simple which discendeth to his heire, who is also heire in taile, or heire to the woman: Now if the heire after the discease of his auncestor bring a writ of Formedon, or sur Cui in vita for the lande so alyened, then hee shal bee barred by reason of the war­ rantye and the lande so dyscended, which is as much in value as that that was sold, and so thereby he hath receiued no preiudice, and therfore this land is called Assetes per discent. Assets enter maines, is when a man indebted as before is sayde, ma­ keth executours and leaueth to them suffici­ ent to pay, or some com­ modity or profit is come to them in right of their testatour, this is said assets in their handes. ¶ Assignee. ASsignee is hee to whom a thing is ap­ pointed, or assigned to be occupyed, payed, or don, & is alwaies such a person which occupi­ eth or hath the thing so assigned in his owne right, & for him selfe. And of assignees there be ij. sortz. Namely assig­ nee in deed, & assignee in law, assignee in deed is when a leas is graun­ ted to a man & to his as­ signees or without those wordes, assignees & the grauntee giueth, graun­ teth, or selleth the same leas to an other, he is his assignee in deede. Assignee in law is euery executor named by the testator in hys testament, as if a leas be made to a man and to his assignees (as is aforesaid) and he ma­ keth his executors & dieth without issigne­ ment of the leas to a­ ny other, now the exe­ cutors shall haue the same leas because they are his assygnees in law, & so it is in diuers other like cases. ¶ Attainder. ATtainder is a con­ uiction of any person, of a crime, or fault, whereof he was not conuicte before, as if a man haue committed felony, Treason, or such like, and thereof is endicted, arrained, & founde gilty, and hath iudgement, then he is sayd to bee attainted, & this may be ij. waies the one vpon apparance, the other vpon default The attainder vppon apparaunce is by con­ fession, Battaile, or verdict. The attainder vppon defaulte is by processe. ¶ Auerment. AUerment is where a man pleadeth a plee in abatement of the writt or barre of the action which hee sayth hee is ready to proue as the court wil awarde: this offer to proue his ple is called an auerment. ¶ Auerpeny. AUerpeny that is to bee quite of di­ uers summes of money for the kinges auerages. "Auerpeny" not found in OED as a headword (but see "aver-," comb. form.) ¶ Auncien demesne. AUncien demesne, are certein tenures hol­ den of those manors that were in the handes of Saint Edwarde the confessour, and the which hee made to be written in a booke cal­ led Domes day, sub titulo Regis, and all the landes holden of the sayd manours be aun­ cyen demesne, and the tenauntes shall not be impleaded out of the sayd manours, and if they bee, they may shewe the matter, and abate the writte, but if they aunswere to the writte, and iudge­ ment bee geuen, then the lands become frank fee for euer. Also the tenauntes in auncien demeane bee free of tolle for all thinges concerninge their sus­ tenaunce and husban­ dry in auncien demesne, and for such landes they shal not be put or impanelled vppon any inquest. But al the lands in auncyen demeane that are in the kings handes bee frankefee, and pleadable at the common lawe. See more after in the ty­ tle Sokemans. ¶ Auowrie. AVowrye is where one taketh a distres for rent or other thing and the other sueth a repleuin, then he that hath taken it, shal ius­ tifie in his plee for what cause he toke it and so auowe the ta­ kinge, and that is cal­ ed his auowrye. ¶ Baile. BAile is when a man is taken, or arrested, for felo­ ny, suspition of felo­ ny, endicted of felo­ ny, or any such case, so that he is restray­ ned of his lybertye: And beeinge by lawe baileable offreth suer­ ty, to those that haue au­ thority to baile hym which suerties are bounde for him to the Queenes vse in a cer­ taine summe of money or bodye for bodye, that he shall appeare beefore the Iustices of Gaole deliuery at the next sessions &c. Then vpon the bonds of these suerties, as is aforesaide, he is bailed, that is to say, sett at libertye, vntil the day appointed for his apparance. ¶ Bailement BAilement is a dely­ uery of things (whe­ ther it be of wry­ tinges, goodes, or stuffe) to an other, some times to be rede­ liuered backe to the bailor, that is to saye, to him that so deliuered it sometimes to the vse of the baily, that is to say of him to whom it is dely­ uered, & sometims also it is deliuered to a 3.person This deliuery is cal­ led a bailement. "bailor" antedates the earliest OED citation (1602). ¶ Bailife. BAilife is an offi­ cer that belongeth to a mannour to order the husbandry, and hath aucthoritye. to paye quitrents is­ suing out of the man­ nour, fell trees, repaire houses, make pales, hedges, distrain beasts vpon the ground, and diuers such like. This officer is hee whome the auncient Saxons called a Reeue: for the name (Baylife) was not then knowne a­ monge them: but came in with the Normans, and is called in latin villicus. ¶ Bakberinde theefe. BAkberind Theefe, is a theefe that is taken with the ma­ ner, that is to say, hauing that found vppon him (being followed with the hue and crie) which he hath stollen whether it bee money, linnen, wollen, or other stuffe but it is moste pro­ perlye sayed when hee is taken, carryinge those thinges, that hee hath stollen in a bundel, or fardel, vpon his backe. ¶ Bargaine & sale. BArgaine and sale, is when a recom­ pence is geuen by both the partyes to the bargayne. As if one bargaine and sell his land to another for money. Here the lande is a recompence to him for the money, and the mony is a recompence to the other for the land, and this is a good con­ tract and bargaine, and fee simple passeth, not­ withstandyng he doth not saye, to haue and to holde the lande to him and to his heires. And by such a bargain and sale, landes maye passe without lyuerye of seisin, if the bargain and sale be by deed in­ dented, sealed, and in­ rolled, either in the coun­ ty where the land ly­ eth, or in one of the Queenes courtes of Records at Westmin­ ster, within vj. moneths next after the date of the same writinge en­ dented according to the statute in that behalfe made in the 27. yeare of H.8.ca.16. ¶ Barre. BArre is when the defendant in any ac­ tion pledeth a ple which is a sufficient answere and that destroieth the actyon of the plaintife for euer. ¶ Bastarde. BAstard is he that is borne of any woman not maried so that his father is not knowen by the order of the law, & therefore he is called the child of the people. But by the law spiri­ tual if one get a childe vpon a woman which childe is borne out of wedloke, and after hee marry the same woman, then such a child shalbe said mulier & not bas­ tarde. But by the law of England it is a bas­ tarde: & for that cause when such special bas­ tardye is alleaged, it shalbe tried by the coun­ trey and not by the Byshoppe. But ge­ nerall bastardye allea­ ged shall bee tried by the certificat of the Bishop. And if a woman be great with childe by her husband who dieth & she taketh an other husband, & after the child is borne, this childe shalbe said the child of the firste husbande. But if shee were pri­ uely wyth childe at the time of the death of her first husband, then it shalbe said the child of the second husband, but en­ quire farther, and see the opinion of Thorpe 21. E. 3. 39. Also if a man take a wife which is great with childe by an o­ ther that was not her husband, and after the childe is borne within the espousels, then hee shal bee saide the childe of the husband, though it were borne but one day after the espousels solempny­ sed. ¶ Battaile. BAttaile is an aun­ cyent tryal in our law, which the defen­ daunt in an appeale of felony may choose, that is to say, to fight with the appellaunt, for proofe whether he bee culpable of the felony or not: which com­ bate if it fall out so wel on the part of the defendant, that he doe vanquishe the appel­ lant, he shal go quite, & barre him of his appel for euer. But if one be indicted of felony, and an appell is brought vpon the same indicte­ ment, there the defen­ daunt shall not wage battayle. Battaile al­ so may be in a writ of right. ¶ Bigamy. BIgamy was a coun­ terplea (deuised at the Councel of Lions vpon mislike of second mariage) to be obiected when the prisoner demaun­ deth the benefit of the Clergie, to wit hys book, as namely to say, that he which demaun­ deth the priuiledge of the clergy, was mari­ ed to such a woman, at such a place within such a diocesse, & that shee is dead, and that he hath since maried an other woman, within the same dioces, or within some other dioces, and so is Bigamus. Or if hee haue bin but once maryed, then that is to say that shee whom he hath maried, is or was a widowe, that is to say the left woman of such a one &c. which thinge shalbee tried by the Bishoppe of the dyocesse, where the maryages are allea­ ged. And beinge so certyfied by the By­ shoppe, the prisoner shall loose the bene­ fite of the clergie. But at this day, by force of the act made in An­ no 1.E.6.cap.12. this is noe plea, but that he may haue his Cler­ gie that notwithstanding. Soe is Brooke ti­ tulo Clergie Placito 20. to the same purpose. And hereuppon, if you be desirous (Bro­ ther Nicholas) to see what reasons they haue that perswade a­ gainst seconde marry­ ages, reade, amonge manye other, Fraun­ ches Petrach of Reme­ dies for both fortunes the first booke & lxxvj. Dyalogue intituled of seconde marriage, which booke nowe of late our brother Twyne hath verye well and with good grace (as they that can iudge do say) translated out of latin into Englishe, & most aptlye called it Phisicke against for­ tune. ¶ Blodewit. BLodewit, that is to be quite of amerce­ ments for blodsheding & what pleas are hol­ den in your court you shall haue the Amerce­ mentes thereof coming because (wit) in En­ glish is Misericordia in latine. ¶ Boote. Boote is an old woord, & signifyethe helpe succour, ayde, or aduauntage, and is commonly ioyned with an other word whose signification it doth augment, as these brig­ boot, burghboote, fire boote, hedgboot, plow­ boote, & diuers such like, for whose signi­ fications, looke in their proper titles. ¶ Brodehalpeny. BRodehalpeny (in some copies Bord­ halpeny) that is to bee quite of a cer­ teyne custome exacted for settynge vp of ta­ bles. ¶ Brugbote. BRugbote (and in some copies Brige bote,) that is to bee quite of geeuing ayde to the repayringe of bridges. ¶ Burgbote. BUrghbote, that is to bee quite of gee­ uing ayde to make a Borough, Castel, Ci­ tie, or walles throwen downe. ¶ Burghbrech. BUrghbrech, that is to be quite of tres­ passes done in Citie or borough agaynst the peace. ¶ Burgh English. BUrgh English, or borough english, is a custome in some aun­ cient Borough, that if a man haue issue dy­ uers sonnes and dieth, yet the yongest sonne onely shall enheryte and haue all the lands and tenementes that were hys Fathers, whereof he dyed sey­ sed within the same burgh by discent, as heire to his father, by force of the custome of the same borough. ¶ Burglarie. BVrglarie is when one breaketh and entreth into the house of another in the night with felonious intent to robbe or kill, or to do some other felonie, in whiche cases al­ though he carie away nothing, yet is it felo­ nie, for which he shal suffer death. Other­ wise it is if it be in the day time, or that hee break the house in the night, and enter not therein at that time. But if a seruant wil conspire wyth other men to robbe his Ma­ ster, and to that intent he openeth hys Ma­ sters doores or wyn­ dowes in the nyght for them, and they come into the house by that way, thys is Burglarye in the straungers, and the seruant is a theefe but no burglar. And this was the opinion of the Right worshipful Syr Roger Manwoode Knight, most woor­ thy Lord chiefe Ba­ ron of the Eschequer, at the Quarter Ses­ sions holden in Can­ terburie in Ianuarie last 1579. 21. Eli­ zabeth. ¶ Caruage. CAruage, that is to bee quyte if the kinge shal taxe al hys lande by Carues. Note that a carue of land is a plow land. ¶ Cession. CEsion, is when an ecclesiastical person is created Bishop, or when a Parson of a parsonage taketh ano­ ther benefice wythout dispensation, or other­ wise not qualified &c. In both cases, theyr first benefices are be­ come voide, & to those that he had who was created bishop, the Q. shal present for that time whosoeuer be patron of them. And in the other case, the patron may present. ¶ Challenge. CHallenge, is where Iurours appeare to trie an issue, then if anye, of the par­ ties suppose that they are not indyfferent, they may there chal­ lenge and refuse them. There be diuers chal­ lenges, one is chal­ lenge to the array, the other to the polles. Challenge to tharray is when the panell is fauourably made by the Sherife or other Officer. Challenge by the polles, are some principal, and some by cause as they call it. Principall is when one of the Iurors is the sonne, brother, or cousin, to the plaintyfe or defendant or tenant to him, or that he hath espoused the daughter of the plaintife, & for those causes hee shalbe withdrawen. Also in a plee of the death of a man, and in euery other action real & in actions personal, if the debt or damages amount to xl. Markes it is a good challenge, that he cannot dispende xl. s. by the yeare of freeholde. Challenge by cause, is where the partye doth alleage a matter which is no principall challenge, as that the sonne of one of the iu­ rors hath espoused the daughter of the plain­ tife, & then he doth con­ clude, & therefore he is fauorable, whych shal be tried by others of thenquest, whether he be fauorable or indif­ ferent, and if they say that is fauorable & not indifferent, then he shalbee drawen out, otherwise he shalbee sworne. Also a Felon that is arraigned may challenge xx. Iurours peremptorie without any cause, and that is in fauor of life: and as many as he will wyth cause, but then it shal be tried if for such cause he be indifferent or not. ¶ Champertours. CHampertors be they that moue plees and suites, or cause to bee moued by their owne, or others procurement, and sue them at their owne costes to haue part of the lande, or gaines in variance. ¶ Charge. CHarge is where a man graunteth a rent out of his ground, and that if the rent be behinde, that is shal be lawfull for him, hys heyres and assygnes to distreine tyll the rent be paide, this is called a rent charge. But if one graunt a rent charge out of the lande of an other, and after purchase the lande, the graunt is voyde. ¶ Charters of landes. CHarters of landes, are writings, deeds euidences, and in­ struments, made from one man to an other vpon some estate con­ ueyed or passed bee­ twene them, of landes or tenements, shewing the name, place, & quan­ tity of the land, the es­ tate, time, & maner of the doing, thereof, the par­ ties to the estate deliue­ red & taken, the witnes­ ses present at the same with other circumstances. ¶ Chattels. CHattels are in two sorts, that is to say chatels reals, & cha­ tels personals. Cha­ tels reals, are leases for yeares, wardes, and to holde at will &c. Chattels personalz are al moueable goods as Money, Plate, houshold stuffe, horses kyne, corne, and suche like. ¶ Childewite CHildewitte, that is that you may take a fine of your bondwoman defiled, & begotten with childe with­ out your licence. ¶ Chimin. CHimin is the hye way where euery man goeth, which is called via regia, and yet the Kinge hath no other thinge there but the passage for him & his people, for the free holde is in the Lorde of the soile, and all the profit growinge there as trees, and other thinges. ¶ Thinge in action. THinge in actyon, is when a manne hath cause, or may bringe an actyon for some dutye due to him as an actyon of debt vpon an oblagation, annuity, rent, couenant warde, goodes, trespas or such like. And bee­ cause they are thinges whereof a man is not possessed, but for reco­ uery of them is driuen to his actyon, they are called things in action, & those things in acti­ on that are certeine, the Queene may grant and the grauntee may vse an action for them in his owne name on­ ly. But a common per­ son can not graunte hys thinge in actyon, nor the Queene her selfe can not graunt her thinge in actyon which is vncerteyne, as trespas & such like. ¶ Circuit of action. CIrcuite of action is when an actyon is rightly brought for a dutye: but yet about that bushe as it were, for that it might aswel bene otherwise aunswered and determined, and that suite saued, and bee­ cause that the same ac­ tion was more then needefull, it is called circuite of actyon. As if a man graunt a rent charge of x. li. out of his mannour of Dale, and after the graun­ tee disseise the graun­ tour of the same Ma­ nour of Dale, and hee bringenth an assise and recouereth the lande, and xx. li. dammages, which xx. li. beeynge paied, the grauntee of the rent sueth his ac­ tyon for x. li. of his rent due duringe the time of the disseison, which if no disseisine had ben, he must haue had. This is called cir­ cuit of action because it might haue ben shortly aunswered, for where as the grauntor should receiue xx. li. damages, and pay x. li. rent, hee might haue receyued but the x. li. onely for the damages, and the grauntee myght haue cut of and kept backe the other x. li. in hys handes by way of de­ tainer for his rent, and so there by, mought haue saued his action. ¶ Clayme. CLaime is a chal­ lenge vp any man of the property or ow­ nershippe of a thinge which he hath not in possession, but which is withholden from him wrongfully. ¶ Clergie. CLergie is an aunci­ ent lybertie of the Popish church, which hath also ben confirmed with vs in dyuers Parliamentes. And it is when a Priest, or one within holie Or­ ders (as they terme it) or any other what soeuer, in whom is no impediment or impos­ sibilitie to be a Priest, is arraigned of felonie or such like before a temporall Iudge &c. and the prisoner pray­ eth his Clergie, that is to say, to haue hys booke, whych is as much as if he desyred to bee dismissed from the Temporal Iudge, and to bee deliuered to the Ordinarie to purge hymselfe of the same offence. Thys priuiledge at the first was not so generall, in respect of the par­ ties that should take benefite thereby, as it afterwarde became to bee, for at the be­ ginnyng, beeynge a Popishe inuention, the Patrons thereof were very parcial, and woulde not that any should reape commodi­ tie thereby, but their popish Priestes onely and such as were with in Orders, as is afore saide. And this arose amonge them, partly through their greate pryde, disdaining to be vnder the obedience of their naturall kinges and temporal correcti­ on, and partly of po­ licie, for shame lest the lewde maners of their spiritualitie, shoulde come to the open view and examynation of the laitie, (as they dis­ tinguish them) and no meruail at al, for with in a few of the fyrst yeares of king Henry the seconds raigne, the Clergy of the Realme had committed aboue one hundrede seuerall murders vpon his sub­ iectes, as the king was certeinely informed, besides many robbe­ ries and other outra­ ges, for remedie where of, order was ta­ ken by the kinge, his Nobilitie, and wyth much a doe the Cler­ gie consented thereto, that if any clerke from thence forth commit­ ted Felony or Trea­ son, he should first be degraded, and after­ warde deliuered to the lay power, there to receiue as to his of­ fence belonged &c. at the last in fauour of life, (a thinge to bee shewed indifferentlye towards al mankind) and for the loue of learning, it was gran­ ted to all men that coulde reade, though they weare neyther Priestes, nor within orders. And since in Parliament made vpon good considerations, it hath been restrayned and taken away in di­ uers cases, as in wil­ full murder, burglary, and such others. ¶ Clerke attaint, Clerke conuict. CLerkes are in two sortes, that is to say, Clerkes attaint, and Clerkes conuict. Clerke attaint is hee whiche prayeth his clergie after iudgement gyuen vpon him of the felony, and hath hys clergie allowed, such a clerke may not make his purgation. Clerke conuict is hee whiche prayeth hys clergie before iudge­ ment geeuen vpon him of the felonie, and hath his clergy to him gran­ ted, such a clerke may make his purgation. ¶ Colour. COlour, is a fayned matter which the defendaunt or tenant vseth in hys barre when an actyon of trespas, or an assise is brought against him, in which hee gyueth the demaundaunt or pleintife a shew at the first sight that he hath good cause of actyon wherein troth it is no iust cause, but onely a color & face of a cause: And it is vsed to the in­ tent that the determi­ nation of the actyon should be by the Iud­ ges, and not by an ig­ noraunt Iury of xij. men. And therefore a colour ought to bee a matter in law or doubt­ ful to the common peo­ ple, as for example. A. brings an assise of land against B. & B. saith that he himselfe dyd let the same land to one C. for terme of life, & afterward did graunt the reuersion to A. the demaundment, and after C. the tenaunt for terme of lyfe died, after whose decease A. the demaundant clay­ ming the reuersion by force of that graunt (whereto C. the tenant for lyfe did neuer at­ turne) entred, vppon whom B. entred, a­ gainst whomA. for that entre bringes this as­ sise &c. this a good co­ lour because the com­ mon people think that the lande wil passe by the graunt without attournement, where in deede it wyll not passe &c. Also in an action of trespas colour must be geuen, and of them are an infinite number, one for example: In an ac­ tion of trespas for ta­ kinge awaye of the playntifes beastes, the defendaunt sayth, that beefore the pleyntife had anye thynge in them, hee himselfe was possessed of them as of his proper goods, and deliuered them to A. B. to redeliuer them to him againe when &c. and A. B. gaue them vnto the plaintife, and the pleintif supposing the propertie to be in A. B. at the tyme of the gift, tooke them, & the defendaunt tooke them from the pleyn­ tif, whereupon the plain­ tife bringeth an action; this is a good colour, and a good plea. ¶ Colour of office. COlour of office, is alwayes taken in the worst part, & sig­ nifieth an act euel don, by the countenance of an office, and it bea­ rethe a dissemblynge face of the right office, where as the office is but a vaile to the fals­ hoode and the thinge is grounded vpon vice & the office is as a sha­ dowe to it. But by reason of the of­ fice, & by vertu of the of­ fice are taken alwaies in the best part, and where the office is the iust cause of the thing, and the thing is pur­ suing to the office. ¶ Collusion. COllusion is where an action is brought against another by his owne agreement, if the plaintife recouer, then such recouery is cal­ led by collusion: and in some cases the col­ lusion shall bee enqui­ red of, as in a Quare impedit, an assise and such like: But in a­ uowry, nor in a writ of entrie, or any acti­ on personal, the collu­ sion shal not be enqui­ red. ¶ Commen law. COmmon law, is for the most part taken 3. waies, first for the lawes of this Realme simply without any o­ ther lawe, as custo­ mary lawe, Ciuil law, Spirituall lawe, or whatsoeuer els lawe ioyned vnto it, as when it is desputed in our lawes of Englande, what ought of right to bee determyned by the common lawe, and what by the spiri­ tuall lawe, or Admi­ rales Court, or such lyke. Secondly it is taken for the kings courtes, as the kinges Bench, or common place, one­ lye to shewe a diffe­ rence betweene them and the base courtes, courtes barons, coun­ tie courtes, pipow­ ders, and such like, as when a plea of lande is remoued out of aun­ cient demesne, because the lande is franke fee and pleadable at the common law, that is to say in the kings court and not in auncien de­ mesne, or in any other base court. Thirdly and moste vsually by the common law is vnderstood, such lawes as were gene­ rally taken and holden for lawe before anye statute was made to alter the same: as for example. Tenaunt for lyfe, not for yeares, were not to be puny­ shed for doing wast at the common lawe, tyl the statute of Glouces­ ter. cap 5. was made which doth geeue an action of wast against them: But tenant by the curtesie, and te­ naunt in dower, were punyshable of waste, at the common lawe, that is to saye, by the vsuall, and common receiued lawes of the realme, before the said statute of Glocester was made. ¶ Common. COmon is the right that a man hath to put his beastes to pas­ ture, or to vse & occupy the ground that is not his owne. And note that there be diuers comons, that is to say common in grosse, common appendant, com­ mon appurtenant, and common beecause of neighbourhood. Common in grosse is where I by my deede graunt to another that he shall haue common in my lande Common appendant is where a man is seised of certaine land, to the which he hath common in anothers grounde, al they that shall bee seised of that land, shal haue the said common only for those beastes which compreste that lande to which it is appendaunt excepting Geese, Gootes, and hogges. And alwayes this common in by prescrip­ tion and of common ryght, and it is ap­ pendaunt to erable lande onely, and not to any other lande or house. Common appurte­ nant is in the same man­ ner as common appen­ dant, but it is with al man­ ner of beastes, as well hogges goates & such like, as horses, kine, oxen, sheepe & such as compest the grounde. And such common may bee made at this day, and may bee seuered from the land to which it is appurtenaunte, but soe cannot com­ mon appendaunt. Common by cause of neighborhod, is where the tenaunts of two lords which be seysed of two townes where one lyeth nighe ano­ ther, & euery of them haue vsed from the time whereof no mind run­ neth, to haue comen in the other towne, with all maner of beastes comi­ nable. But the one may not put his cattel in the others ground, for soe they of the other towne may distraine them dam­ mage fesaunt, or may haue an action of tres­ pas, but they may put them into their owne feeldes, and if so they stray into the feelds of the other towne, they there ought to suffer them. And the inhabitants of the one town ought not to put in as many bea­ stes as they will, but hauing regard to the in­ habitants of the other towne, for otherwise it were no good neigh­ bourhoode, vpon which all this matter doth depend. "compreste" not found in OED but appears to be "compass, v. a" ("compost"). ¶ Condytion. COndition is a res­ traint or bridle an­ nexed, and ioyned to a thinge, so that by the not performance or not doinge thereof, the party to the condi­ cion shall receiue pre­ iudice and lose, & by the performance and dooynge of the same con­ modity & aduantage. And all condityons are either condityons actuall and expressed, which he called con­ ditions in deede, or els they bee conditions implyed or couert & not expressed, which are called conditions in law. Also al condytions are either conditions precedent and goinge before the estate & are executed or els subse­ quent, and following after the estate and executorie. The condition pre­ cedent, doth gaine and gett the thinge or es­ tate made vpon con­ dition by the perfor­ mance of the same. The condition sub­ sequent, doth keepe & continue the thinge or estate made vppon condition by the per­ formance of the same Actuall and expres­ sed condition, which is called a condition in deede: is a condity­ on knitt and annexed by expresse wordes to the feoffement, leas, or graunt, either in writinge or without writinge, as it Fen­ feoffe a man in landes reseruing rent to be pai­ ed at such a feast vpon condition that if that feofee faile of payment at the day, that then it shall be lawfull for mee to reenter. Condition implyed or couert and not ex­ pressed which is called a condition in law, is when a man graunteth to one the office to bee keeper of a parke, ste­ warde, Bedle, bailife, or such like, for terme of life & though there bee no condition at al expressed in the graunt, yet the lawe speaketh couertlye of a condi­ tyon, which is that if the grauntee do not execute all points ap­ perteyninge to his of­ fice by himselfe or his sufficyent deputye, then it shall bee law­ full to the grauntour to enter and discharge him of his office. Con­ dition precedent and goinge before is when a leas is made to one for life vpon condition that if the lessee for life, will paie to the lessor xx.li. at such a day, that then he shal haue fee simple: here that con­ dicion preceeds & go­ eth beefore the estate in fee simple, and vppon the performance of that condycion, doth get and gaine the fee sim­ ple. Condition subse­ quent and followinge after, is when one graunts to I.S. hys manor of Dale in fee simple, vpon condity­ on, that the grauntee shal pay to him at such a day xx.li. or els that his estate shal cease, here that condition is subsequent & following the estate in fee simple, and vpon the performance there of, doth keepe and con­ tinue the estate. ¶ Confiscate goods. COnfiscate goods are goods to which the lawe intitleth the Queene, when they are not claimed by any other. As if a man bee indited that he feloni­ ously stole the goods of I.S. where in truith they are hys owne goodes, and they are brought into the court against him as a mai­ neur, & then is demaun­ ded, what he sayth to those goods, and he de­ nieth them, nowe by this denying of them, hee shall loose those goods, although that afterwarde he be ac­ quited of the felony, and soe in other lyke ca­ ses. ¶ Contracte. COntracte is a bar­ gaine or couenaunt betweene two parties, where one thinge is geeuen for an other which is called quid pro quo, as if I sell my horse for money, or if I couenant to make you a lease of my man­ nor of Dale in consi­ deration of xx.li. that you shal giue me, these are good contracts be­ cause there is one thing for an other, But if a man make promyse to mee that I shall haue twentye shyl­ linges, and that hee wil be debtour to mee thereof, and after I aske the xx.s. and hee wil not deliuer it, yet I shal neuer haue any action to recouer this xx.s. for that, that this promise was no contracte but a bare promyse, and ex nu­ do practo non oritur ac­ tio: but if any thinge were geuen for the xx. shillinges though it were not but to the value of a peny, then it had ben a good con­ tracte. ¶ Conusance. COnusance of plee, is a priuiledge that a citie or Towne hath of the kinges graunt to holde plee of al contractes, and of landes within the precinct of the fran­ chise: and when anye man is impleaded for any such thinge in the Court at Westmins­ ter: the Maior and bailifes of such fraun­ ches or theyr attur­ ney may aske conu­ sance of the plee, that is to say, that the plee & the mat­ ter shal be pleded & de­ termined before them. But if the Court at Westeminster bee lawefullye seised of the Plee, beefore Conusaunce bee de­ maunded, then they shall not haue Co­ nusance for that suit, because they haue neg­ ligently surcessed their time of demaunde, but this shal be no barre to them to haue conusance in an other action, for they may demaunde conusance in one acti­ on, and omit it in an other action at theyr pleasure. And note that conu­ sance lyeth not in pre­ scription, but it beho­ ueth to shew the kinges letters. ¶ Corodie. COrodie, was a rea­ sonable allowance of Meat, bread, drink, money, clothing, lod­ ging, and such like sus­ tenance, which of com­ mon right euery foun­ dor of Abbeies, Prio­ ries, Nunries, & other houses of religion, had in the same house, when any were standing, for his father, brother, co­ sine, or other man that hee woulde appoynt should take it, yf it were a house of Mon­ kes, and if hee were foundor of a house of Nunnes or women, then the same for hys mother, sister, cosin, or other woman that he would direct thither, and alwaies this was prouided for, that he that had corodie in a house of Monkes, might not send a woman to take it. Nor where corodie was due in a Nunrie, there it was not law­ full to appoint a man to receiue the same, for in both cases, such pre­ sentacion was to be re­ iected. And this Co­ rodie was due as well to a common person that was foundor, as where the king him self was foundor. But where the house was holden in frankalmoigne, there the tenure it selfe was a dyscharge of Co­ rodye agaynste all men. Except it were afterward charged vo­ lantarily, as when the king would sende hys writ to the Abbey for a Corodie for such a one whom they admit, there the house should bee charged for euer, whether the king were foundor or not. ¶ Crowner. CRowner is an aun­ cient officer of trust and of great aucthori­ tie, ordeyned to bee a princypall conserua­ tor, or keeper of the peace, to beare re­ corde of the plees of the Crowne, and of his owne sight, and of dyuers other thynges manye in number &c. But at thys day, eyther the aucthorytye of the Coroner ys not so great, as in foretime yt was, where by the office is not had in like estimacion: Or els the Sherife and those that haue auc­ thoritye to choose the Coroner are not so careful as they should bee in theyr electyon: and therefore, it is nowe almost come a­ gaine into that plight that it was in Kynge Edwarde the firstes daies, when this sta­ tute followinge was made: Forasmuch as meane men and vn­ discreete nowe of late are commonly chosen to the office of coroner where it is requisite that wise men, lawe­ ful and able should oc­ cupy such offices: It is prouided that through al Shires sufficient men should be chosen to bee Coroners out of the most wise and discreetest Knyghtes &c. And although the letter of this statute bee not preciselye ob­ serued: yet at the least the entent should be followed as nigh as mought be, that for the default of knights gen­ tilmen furnished with such qualities as the statute setteth downe (of which sort there be many) might bee chosen: with thys addicyon that they bee vertuous, and goode knowne Christians. ¶ Corporatyon. COrporation ys a permanent thinge that may haue suc­ cession: And is an assembly and ioyning together of many into one felowshippe, bro­ therhoode and minde, whereof one is hedde and chiefe, the rest are the bodye: and thys hedde and bodye knytt together make the cor- poration. And of Corporaty­ ons, some are called spirituall, and some temporal, and of those that are spirituall, some are corporations of deade personnes in lawe, and some other wyse, and some are by the aucthorytye of the Kynge onelye, and some haue beene of a myxt authorytye, and of those that are Temporall, some are by the aucthorytye of the Kynge also, and some by the Com­ mon lawe of the Realme. Corporation spiri­ tual and of dead per­ sons in lawe, is where the corporatyon con­ sisteth of an Abbot & Couent, and these had beginning of the king and the man of Rome when hee had to doe here. Corporation spiritual & of able personz in law is where the corpora­ tion consisteth of a Deane and chaptier and this corporation, had beginninge of the Kinge onely. Corporation Tem­ poral by the Kinge is where there is a ma­ ior and comminaltye. Corporation tem­ porall by aucthoritye of the common lawe is the assemblye in par­ liament, which con­ sisteth of the Queene the hedde of the Cor­ poration, and of the Lords spirituall and temporal, and the com­ mons of the realme, the body of the corporatyon. ¶ Bodyes politike. BOdies politike are bishops, abbots, pri­ ors, deanes, person of a churche & such like which haue succession. ¶ Coruption of blood. COrruption of blood is when the father is attainted of felo­ nie or treason, then his bloode is sayd to be corrupt, by meanes whereof his chyldren cannot bee heires to him nor to any other auncestor. And if hee were a noble man or gentleman before, hee and all hys children thereby are made vn­ noble and vngentle, hauing regarde to the nobilitie or gentrie that they claim by their fa­ ther, which cannot bee made whole againe with­ out aucthority of par­ liament. ¶ Couenant. COuenant is an a­ greement had be­ twene two persons, where euery of them is bounden to the other, to performe certein co­ uenants for his part. ¶ Couerture. COuerture, is when a man & a woman are maryed together: Now the time of the continuaunce of thys maryage betwen them is called couerture, and the wyfe is called a woman couert. ¶ Couin. COuin is a secrete assent, determined in the hartes of two or more, to the preiu­ dyce of any other. As if a tenaunt for terme of life, will secretly conspire with an o­ ther, that the other shall recouer agaynst the tenaunt for lyfe, the lande which hee holdeth &c. in preiu­ dice of hym in the re­ uersion. ¶ Counterplee. Counterplee, ys where one bringeth an action, and the te­ naunt in hys aun­ swere and plee, vou­ cheth or calleth for a­ nie manne to warrant his title, or prayeth in ayde of an other, which hath better es­ tate then hee, as of hym that is in the re­ uersion, or if one that is a straunger to the action, come & pray to be receiued to saue his estate, if the demaun­ dant reply thereto, and shew cause that hee ought not to vouch such one, or that he ought not of such one to haue aide, or that such one ought not to be recey­ ued, this plee is called a counterplee. ¶ Cinque Portes. CInque Portes, bee certeyne Hauen Townes, fiue in num­ ber, to whiche haue bene graunted longe since, many liberties, (that other Porte Townes haue not,) and that first in the tyme of king Edward called the Confessour, (who was before the Conquest,) and hath bene encreased synce chiefly in the dayes of the ij. Edwardes, the first and second (since the Conquest) as ap­ peareth in the Booke of Domesday, and o­ ther olde Monuments, which in this worke beeing to long to cyte, I meane Brother N. to omit, and set you here downe the Copie of an auncient recorde in French, which the worshipful our louing and very good father, Master Iohn Twyne of Caunterbury gaue me out of his booke called W. Biholt, sometyme a Monke of the Abbey of saint Augustines, where in yon shall learne which were aun­ ciently accompted the fyue Portes, and their members, what serui­ ces they owe, where their Court ought to be kept, before whom, and of what matters they may hold plee, with such like, worthy to be knowen, & therby you shall perceiue also that the old rude verse doth falsely name the fiue Portes, in recknyng them vp after this sort. Douer, Sandwicus, Rye, Rumney, Frig­ mareuentus. Douer, Sandwich, Rie, Rum­ ney, winchelsey, which is ment by Frigmare­ uentus, &c. which Re­ corde I will English as well as my small skil in the old French will geeue me leaue, & thus it is. ¶ These are the chiefe townes of the fyue Portes. 1 Hastinge. 2 Romney. 3 Heth. 4 Douer and 5 Sandwich. The Members of the Porte of Has­ tinge are these. 1 Peuenese. 2 Bolewareheth. 3 Petite Iames. 4 Bekesborne. 5 Greneth. 6 Rye and 7 Winchelse. Some adde to these the Seashoore in Sef­ forde, Hydeney, and Northy. The chiefe Port of Hastinge, wyth the members aforesayde, ought to finde to the kinge from yere to yere, if neede bee vpon the Sea xxj. Ships, that is to say, the Towne of Hasting iij. shipps, Peuenese one shippe, Woleworchety & Pe­ tite Ihamme one ship. Bekesburne one ship, Greneshe ij. men with two armours, wyth them of Hasting. The Towne of Rye fiue shippes, the Towne of Wincheslie x. ships. The members of the Port of Romeney are ij. 1 Olde Romney & 2 Lyde. Some adde to these Prormhell, Osward­ stone, & Denge Mar­ reis. Romeney wyth the aforesaid members oweth to the king, as is before said 5. ships, whereof Lyde oweth one ship. The Port of Hethe with his member west Hethe, ought to finde 5. shippes to the king, as is aforesaid. The members of the Porte of Douer are these. 1 Folkestone, & 2 Feuersham. Some adde Mere­ gate &c. This port of Douer, with the aforesaide members, ought to finde to the kinge xxj. ships, that is to say, Do­ uer 19. ships, Folke­ stone one ship, & Fe­ uersham one shippe. The members of the Port of Sandwiche are these. 1. Stoner. 2 Fordwich. 3 Dale. 4 Seire. Some ade Reaculure. Theis port of Sand­ wich, with the mem­ bers aforesaide, ought to finde in the kinges seruice, as is before saide 5. shipps. Summe lvij. shipps. When the Kinge would haue hys ser­ uice of the aforesayde shipps, they shall haue xl. dayes summons, & they shall finde to the king in euery ship xx. men, & the Master wel armed, and well ap­ poynted to doe the kinges seruice. And the shippes shall go at the proper costes of the Cinque Ports, thyther whether they shalbee summoned. And when the shipps are thither come, they shal continue xv. daies in the kinges seruice, at the proper costes of the v. ports. And after the xv. dayes are past, they shalbe at the char­ ges of the K. if he haue any thing for them to do The Master of the ship shall take vi. d. a day. The Constable vi. d. & euery of the other ma­ riners iij. pence. And it is to be kno­ wen, that the court of Shipway, which is the chief court of the fiue Portes, where euery Maior of euery port, or 12.10.6. or 4. & the Maior of euery port, as they by letters of the warden of the Cin­ que portes haue hym summoned, and as the port is greater or les­ ser, without essoyne ought to come, ought to be summoned by the letters of the sayde warden to al the portz that ought to doe sute there. And the summons ought to be vpon sute made to summon any commynaltie to aun­ swere to any of any plee, contayning 40. dayes from the day of the receyte of the Let­ ters of the sayde war­ den. And the foresayde Court ought to bee summoned chiefely for Treason done against the kinge or kinges for counterfaitinge of the kinges seale: or of his money, for trea­ sure founde vnder the ground: For the kings seruice denied, or with holden, for false Iudg­ ment giuen by any co­ munaltie. And no commoner to any plea agaynst him brought shal aun­ swere but at the court aforesaid. And plees there had against any Baron of the Cinque ports be­ ing challenged by the Bailyfe of the same port of which the said Baron is: ought to be adiourned vnto the port, wherof the same Baron is, (if it be not for trespas done a­ gainst the kinge) be­ cause that the sayde Barons haue conu­ saunce all manner of pleas except pleas of the Crown. And when those Barons haue fayled to doe ryght: The said warden at the complaynt of him to whome they haue fayled to doe ryght, shall goe to the same port to do right, as is contained in the char­ ter. Moreouer, the afore­ said court ought not to be holden from the feast of the natiuity of saint Mary, vntil the feast of saint Andrew, because of the martes of Germany. Also when the Ba­ rons of the Cinque ports are in the kings seruice vpon the Sea, or at the kings sum­ mons, or at the kings commaundement. Furthermore, it ought not to be holden but one day. And one Essoine on­ lie lyeth in the afore­ sayde Court in euery plea. Of sute no Essoine on­ lie lyeth in the afore­ sayde Court in euery plea. Of sute no Essoine lieth, as is before said, and therefore if the maior, who because of sickenesse or other sodeyne infirmytye cannot come thither, an other may at that daye keepe his place, so notwithstandinge the returne be made by his bailife. Nor others princi­ pally ought to be char­ ged of any iudgement giuen in the same court but those names who by the Baylifes there haue beene re­ turned. Bisides all thys, prouision of Shippes and men, as is afore­ saide: I haue seene in an other record (short­ lye written ) that e­ uerye Shippe ought to haue a boye, which there is called Gro­ met: so that in suumme the Cinque ports are charged with 57 ships 1197. men , and fif­ tye seuen boies , or Gromets. "Court of Shipway" not found in OED. ¶ Damage fesans. DAmage fesans, is when a stran­ gers beastes are in an other mannes grounde, without auc­ thoritie of the lawe, or lycence of the te­ naunt of the ground, and there doe feede, treade, or otherwise spoyle the Corne, grasse, woods, or such like: in which case the tenant whom they hurt, may therefore there take, distrain, & impounde them, as wel if it be in the night, as in the day tyme. But in other cases as for rent and seruices and such like, none may distreyne in the night season. ¶ Danegelde. DAnegeld, that is to be quitt of a certaine custome which hath runne some times, which the danes did leuye in Eng­ glande. This beganne first in kinge Etheldreds daies, who being sore distressed by the con­ tinuall iuuasion of the Danes, to purchase peace was compel­ led to charge hys countrey and people wyth importable pay­ ments: for hee first gaue them at v. seue­ rall paies 113000. li. and afterward graun­ ted them 48000. li. yerely. ¶ Deane and Chapter. DEane and chapter is a body spiritu­ all corporate, consis­ ting of many able per­ sons in law as name­ ly the deane (who is the chiefe ) and the prebendes, & they to­ gether make the cor­ poratyon. And as this corporation may ioyntly purchase lands and tenementes to the vse of their Church and successours: Soe likewise euery of them seuerally maye pur­ chase to the vse of hym selfe and hys heires, as wee daylie see them doe most a­ bundantly. ¶ Declaration. DEclaratyon is a shewinge forth in writing, of the griefe and complaynt of the demaundant or plein­ tife against the tenant or defendant, wherein he supposeth to haue receiued wrong. And this declaration ought to be plaine & certeine, both because it impea­ cheth the defendant or tenant, & also compel­ leth him to make aun­ swere thereto. ¶ Defendant. DEfendaunt is hee that is sued in an actyon personal, & hee is called tenant in an action real. ¶ Demaines. DEmaines, or de­ mesnes, is the lords chyefe mannor place, which he and his aun­ cestoures haue from tyme out of mynde, kepte in their owne handes, and haue oc­ cupyed the same, toge­ ther with al buildings & houses whatsoeuer, also the meadowes, pastures, woodes, er­ rable lande, and such like, belonging there­ unto. ¶ Demaundant. DEmaundant is hee that sueth or com­ playneth in an acty­ on reall, for tytle of land, and hee is called plaintyfe in an assise, and in an action perso­ nall as in an actyon of dette, trespas, dis­ ceit, detinue, and such other. ¶ Halfe bloode. HAlfe blood, is when a manne maryeth a wife, and hath issue by her a sonne, and shee dyeth, and then hee taketh an other woman, and hath by her also a sonne. Now these two sonnes are after a sort Brothers, or as they are termed, halfe Brothers, or Brothers of the halfe blodde, that is to say brothers by the Fa­ thers side because they had both one father, & are both of his bloude and not brothers at al by the mothers side, nor of blodde ne kinne that way, & therefore the one of them can­ not be heire to other, for hee that wil claime as heire to one by dis­ cent, must bee of the whole blodde to him from whome he clay­ meth. ¶ Demurrer. DEmurrer is when a­ ny action is brought and the defendaunt pleadeth a plee, to which the playntyfe sayth that hee wil not aunswere, for that, that is not a suffy­ cient plee in the lawe, and the defendaunt sayth to the contra­ ry, that it is a suffi­ cient plee, this doubt of the lawe is called a demurrer. ¶ Denizen. DEnizen is where an alien becommeth the Queenes subiecte and obtayneth her let­ ters patentes to en­ ioye all priueledges as an Englishman. But yet notwithstanding, hee shall paye custo­ mes and dyuers o­ ther thinges as aly­ ens doo &c. ¶ Deodande. DEodande is when any man by mys­ fortune is slaine by an horse or by a cart, or by anie other thinge that moueth, then this thing that is cause of his death, and which at the time of the mis­ fortune mooued, shall bee forfayte to the Queene, and that is called deodande, and that perteyneth to the Queenes Almener for to dyspose in almes and in deedes of cha­ ritie. ¶ Departure from a plea or matter. DEparture from his plee or matter, is where a man pleadeth a plee in barre, and the pleyntyfe reply­ eth thereto, and hee after in hys reioyn­ der pleadeth or she­ weth an other mat­ ter contrarye to hys first plee, that is cal­ led a departer from his barre &c. ¶ Departure in dispite of the Court. DEparture in dys­ pite of the court, is when the tenaunt or defendant appeareth to the action brought a­ gainst him, and hath a day ouer in the same ter­ me, or is called after without daye in the same terme, & doth not appeare, but makes defaut, this is a de­ parture in the dispite of the court, & therefore he shalbe condempned. ¶ Deputie. DEputie, is he that oc­ cupieth in an other mans right, whether it bee office or any o­ ther thing els and his forf. or misdemeaner shall cause the officer, or him whose deputie hee is to loose his of­ fice or thinge. But a man cannot make his deputie in al cases, ex­ cept the graunt so bee as if it bee with these or such lyke wordes, to exercise or vse by himselfe or his suffi­ cyent deputye: or if the wordes goe fur­ ther by himselfe or his deputye, or the deputye of his deputy then hee may make a deputy, and his depu­ tie also may make a de­ putie, els not. ¶ Deuastauerunt. DEuastauerunt bona testatoris, is when Executours wyl deliuer the legacyes that their Testatour hath geeuen, or make restytutyon for wron­ ges done by him, or pay hys det due vpon con­ tracts or other detes vpon specialties, whose dayes of paymentes are not yet come &c. And keepe not suf­ ficient in their hands to discharge those detes vpon specyalties that they are commellable presently by the law to satisfie: Then they shall bee constrayned to paye of theyr owne goodes those dutyes, which at the first by the law they were com­ pelled to pay: accor­ dinge to the valu or that that they deliuered or paied without compul­ sion: for such paimentes of detes or deliuery of legacies, as is afore­ said, before dets paied vpon specialties, whose daies of paiment ar al­ ready come: are accomp­ ted in the law a was­ tinge of the goods of the testator, as much as if they had giuen them a­ way without cause, or sold them, & conuerted them to theyr owne vse. ¶ Deuise. DEuise is where a man in his testa­ ment geeueth or bequeaeth hys goodes or his landes to an o­ ther after his decease. And where such de­ uise is made of goodes, if the executours will not deliuer the goodes to the deuisee, the de­ uisee hath no remedye by the common law, but it behoueth him to haue a citacyon against the executors of the testa­ tor, to appeare before the Ordinary to shew why hee perfourmeth not the will of the testatour, for the de­ uisee maye not take the legacye and serue himselfe, but it must be deliuered to him by the executors. And here to the ende to shewe you (Brother Nicholas) howe much the lawes of this Realme, and the wise discreet Iud­ ges of the same, who are the interpreters of the lawe, doe fa­ uour willes, and tes­ tamentes, and so de­ uises in yelding to them such a reasonable con­ structyon, as they thinke might best a­ gree with the mindes of the dead, conside­ ringe that willes and Testamentes are for the most part, and by common intendement made when the testa­ tor is now very sicke, weake, & past all hope of recouerie, for it is a receiued opinion in the countrey amonge most that if a man should chaunce to be so wyse, as to make his will in his good health when he is stronge, of good memorie, hath time & leasure, & might aske counsell if any doubt were of the learned, that then he should not liue longe after, and there­ fore they deferre it, to such time, when as it were more conuenient to apply them selues, to the dysposicion of their soules, then of their landes or goodes, except it were, that by the fresh memorie, and recital of them at that time, it myght bee a cause to put them in minde of some of their goodes or lands false­ ly gotten, and so moue them to restitution &c. And at that tyme, the penninge of such willes, are commonly committed to the Mi­ nister of the parish, or to some other more ig­ norant then he, it that may be, who knoweth not what woordes are necessarie to make an estate in fee simple, fee taile, for terme of lyfe, or such like, besides many other mischiefs. I will therefore sett you here downe some of those cases that are most common in igno­ rant mens mouthes, & do carie by the wise interpretacions of the Iudges, as is afore­ said, a larger and more fauorable sence in wils then in deedes: first therefore if one deuise to I.S. by his will, all his landes and te­ nements, here not on­ ly al those lands that hee hath in possession do passe, but also those that he hath the reuer­ sion of, by vertue of these wordes tene­ ments. And if lands be de­ uised to a man to haue to him for euermore, or to haue to him and his assignes, in these two cases the deuisee shall haue a fee simple. But if it be geeuen by feffe­ ment in such maner, he hath but an estate for terme of life. Also if a man deuise his lande to another, to geeue, sell, or doe therewith at his plea­ sure or will, this is fee simple. A deuyse made to one & to his heires males, doth make an estate taile, but if suche woordes bee put in a deede of feoffement, it shalbe taken in fee sim­ ple, because it doth not appeare of what bodye the heyres males shalbe begotten. If lands be geuen by deed to I. T. & to the heirs males of his bo­ dy &c. who hath issu a daughter, who hath issue a sone, and dieth, there the land shal re­ turne to the donor, and the sonne of the daugh­ ter shal not haue it, be­ cause he can not conuey him self by heirs males for his mother is a let therto: but otherwise it is of such a deuise, for there the sonne of the daughter shal haue it rather then the wyll shall be voide. If one deuise to an Enfant in hys mo­ thers bellye, it is a goode deuise, other­ wise it is by feoffe­ ment, graunt, or gift, For in those cases there ought to bee one of habylytye to take presently, or other­ wise it is voide. A deuise made (in fee simple)without ex­ presse words of heires is good in fee simple. But if a deuise bee to I. N. he shall haue the lande but for term of life, for those wordz will carry no greater estate. If one wil that his sone I. shall haue his land after the deathe of his wife, here the wife of the deuisour shall haue the lande, first for terme of her life. So likewise if a man deuise his goodes to his wife, and that after the decease of his wife, his sonne and heire shall haue the house where the goodes are, there the sonne shal not haue the house du­ ring the life of the wife, for it doth appeare that his intent was, that hys wife should haue the house also for terme of her life, not with stan­ ding it were not deuised to her by expresse wordes. If a deuise be to I. N. and to the heires females of his bodye begotten: after the de­ uisee hath issue a sone and a daughter and dieth, here the daugh­ ter shal haue the land, and not the sonne, and yet he is the most wor­ thy person, and heire to his father, but be­ cause the will of the deade is, that the daugh­ ter shoulde haue it, law and conscience wil so also. And here­ in the verye heathens were precise, as ap­ peareth by those ver­ ses of Octauius Augus­ tus, which Dona­ tus reportethe, hee made after that Vir­ gil at his death, gaue commaundement that his bookes shoulde be burnte, because they were imperfecte, and yet some perswa­ ded that they should be saued as in deed they happily were, to whom he aunswered thus: but faith of law must neds be kept:, & what last wil doth say And what it doth commaunde be done, that neds we must obay. ¶ Discent. DIscent is in two sortes, either lini­ al or collateral. Liniall discent, is when the discent is con­ ueied in the same line of the whole blood, as grand­ father, father, sonne, sonns sonne and soe downeward. Collateral discent, is out in an other branche from aboue, of the whole bloode, as the graundfathers bro­ ther, fathers bro­ ther, and so downe­ warde. ¶ Disclaimer. DIsclaymer, is where the Lorde distrayneth hys tenant, & he sueth a Repleuin & the Lord auoweth the taking by reason that he holdeth of hym, if the tenant say that hee disclaymeth to hold of him, thys is called a disclaimer, & if the Lord therupon bring a writ of right sur disclaimer & it be founde agaynst the tenaunt, hee shall lose the lande. ¶ Tythes. TIthes are in three sortes deuyded, to witte, Predyal tithes Parsonal tithes, and Mixt tithes. Prediall tithes, are tithes that be paied of thinges that come of the grounde onely, as Corne, Haye, fruites of trees, and such like. Parsonal tithes, are tithes that bee payed of such profits as come by the labour and in­ dustrie of a mans per­ son, as by buying, sel­ ling, gaines, of mar­ chandise, and of handy craftes men, labou­ rers, & such as worke for hyer, as Carpen­ ters, Masons, and such like. Mixt tithes are the tythes of Calues, Lambes, Pigges, and such like, that encrease partly of the grounde that they be fed vpon, and partly of the kee­ ping, industrie, & dili­ gence of the owner. ¶ Disperagement. *DIsperagement, is a shame, disgrace, or villany done by the Gardein in Chiualry, to his ward in chiual­ rie, (which in olde time was as much to say as a Gentleman) being within age, by reason of maryage. As when the Gardeine doth marrie his ward within the age of xiiij. yeares, and within such time that he can­ not consent to marry­ age, to a bondwoman, or to the daughter of one that dwelt in a borough, (which is to bee vnderstoode suche whose fathers professe handycraftes, & those baser artes of buying & sellinge to gett theyr lyuing by) or to one that hath but one foote or one hand, or is lame or deformed, or hath some horrible disease, as the leprosie, French pockes, falling sicknes or such like, or marieth him to a woman that is past child bearing, and diuers such other: then vpon the complaint made by the friendes of such heire, the Lord or garden shal lose the wardship, & the profits during the nonage of the heire, for the shame done vn­ to hym. ¶ Disseisine. DIsseisin is when a man enters into any lands or tenements where his entre is not lawful, & putteth him out that hath the freehold ¶ Disseisin vpon disseisin. DIsseisin vpon dys­ seisin, is when the disseisor is disseised by an other. ¶ Disseisour and disseisee. DIsseisour, is hee which putteth a­ ny man out of his land without order of the law, and disseasee is he that is so put out. ¶ Distresse. DIstres is the thing which is taken and distreined vpon any land for rent behind, or other duitie, or for hurt don, although that the proper­ tie of the thing belongeth to a stranger, but if they be beastes that belong to a straunger, it beho­ ueth that they be le­ uant and couchant vp on the same ground, that is to say, that the beasts haue ben vpon the ground certain space that they haue them selfe well rested there, or els they bee not distreynable. And if one distrain for rent or other thinge without cause lawful, then the party greeued shall haue a Repleuin vpon suertie found to pursue hys action, and shall haue the distres to him deliuered againe. But there be dyuers thinges which bee not distrainable, that is to say an other mans gowne in the house of a Tai­ lor, or cloth in the house of a Fuller, shereman, or weyuer, for that, that they bee common artificers, and that the common presumption is, that such thinges belong not to the Ar­ tificer, but to other persons which put them there to be wrought. Also vittaile is not distraynable, nor corne in sheeues, but if they be in a cart, for that, that a distres ought to be alway of such thin­ ges whereof the she­ rife may make Reple­ uin, and deliuer againe in as good case as it was at the time of the takinge. A man may distraine for homage, and fealty and escuage, and other seruices, & for fines & amerciamentes whych be assessed in a Leete, but not in a Court baron. And also for dammage fesant, that is to say, when he fin­ deth the beasts or goods of any other, doinge hurt or cumbring his grounde. But a man may not distrain for a­ ny rent or thing due for any land, but vpon the same land that is charged therewith, but in case where I come to dis­ trein, & the other seeing my purpose, chaseth the beasts, or beareth the thing out to the intent that I shall not take it for a distres vpon the ground, then I may wel pursu, & if I take it presently in the high way or in an others ground, the taking is lawfull aswell there as vpon the land char­ ged to whom soeuer the property of the goods be Also for fines & amer­ ceaments which be as­ sessed in a leet, one may alway take the goods of him that is so amerced, in whose grounde soeuer they bee with in the Iurisdiction of the Court as it is sayde. And when one hath taken a distresse, it be­ houeth hym to bringe it to the common pound or els he may keepe it in on others grounde so that he geue notice to the party, that hee (if the distresse bee a quicke beast) may geeue to it foode, and then if the beast dye for default of foode hee that was distrei­ ned shall be at the losse and then the other may distraine againe for the same rent or duytye. But if hee bringe the distresse to a holde or out of the County, that the Sherife may not make deliuerances vppon the Repleuin, then the party vpon the returne of the sherife, shall haue a writte of Withernam, directed to the Sherif, that he take as many of hys beastes, or as much goodes of the other in his keeping, tyll that hee hath made deliuerance of the first distres. Also if they be in a forselet or castell, the Sherife may take with him the power of the county, & beat downe the castel. As it appeareth by the Stature West.I.cap. 17. Therefore looke the Statute. ¶ Diuorce. DIuorce, so called of diuorcium, com­ ming of the verbe diuorto which signifieth to re­ torne backe, as when a man is deuorced from his wife, he retorneth her backe home to her father, or other frinds, or to the place from whence he had her, & by such dyuorce the maryage is defeated and vn­ done. ¶ Donor, & donee. DOnor is he which giueth lands or te­ nements to an other in taile, and he to whom the same is giuen, is called donee. ¶ Double plea. Double plee, is where the defendaunt or tenaunt in any action, pleadeth a plee in the which ij. matters bee comprehended, and e­ uery one by himselfe is a sufficyent barre or aunswere to the acty­ on, then such a double plee shall not be ad­ mitted for a plee ex­ cept one depende vpon an other, and in such case if hee may not haue the last plee with out the first plee then such a double plee shall be wel suffered. ¶ Right. RIght is where one hath a thinge that was taken from an o­ ther wronfully, as by disseisine, or puttinge out, or such like. And the challenge or claime that hee hath, who should haue the thing is called right. ¶ Right of entrie. RIght of entrie, is when one seised of lande in fee, is thereof disseysed: Nowe the disseisee hath right to enter into the lande, & may so do when he wil: or els hee may haue a writ or right against the disseisour. ¶ Dures. DUres is where one is kept in pryson, or restrained from his liberty contrary to the order of the lawe, and if such a person so bee­ ing in dures make any especialty or obligati­ ion by reason of such imprisonment, such a deede is voide in the lawe: and in an action brought vpon such an especialty, he may say that it was made by dures of imprisonment, but if a man bee arres­ ted vppon any action, at the suit of an other, thoughe the cause of the action be not good nor trewe, if he make any obligatyon to a straunger beeinge in prison by such arrest, yet it shall not be said by dures, but if hee make an obligatyon to him at whose suite he was arrested to bee discharged of such im­ prisonment, then it shal be said dures. ¶ Eire Iustices. EIre Iustices, or Itinerant as wee cal them, were Iusty­ ces that vsed to ryde from place to place through out the Re­ alme, to adminyster Iustice. ¶ Embrasour or Embra­ ceour EMbrasour or Em­ braceour, is he that when a matter is in trial beetwene partye and partye commeth to the Barre wyth one of the parties (ha­ uinge receyued some rewarde soe to doe) and speaketh in the case, or priuely labo­ reth the Iurie, or stan­ deth there to suruey, or ouerloke them, there­ by to put them in feare and doubt of the mat­ ter. But men that are learned in the lawe, may speake in the case, for their fee, but they may not labor the Iu­ rye, and if they take money so to doe, they also are embrasors. ¶ Encrochment. ENcrochment is said when the Lord hath gotten seisin or more rent, or seruices, of his tenaunt, then of ryght is due, or ought to bee payed or done vnto him: As if the tenaunt holde his land of his Lorde by feal­ tie and ij.s.rent yere­ lye, And nowe of late tyme, the Lorde hath gotten seisin of iij. shil­ inges rent, or of ho­ mage or Escuage, or such like, Then thys is called an Encroch­ ment of that rent or seruice. ¶ Enheritance. ENheritance is such estate in landes, or tenementes, or other things, as may be in­ herited by the heire, whether it be of estate in fee simple, or tayle, by dyscent from a­ ny of hys Auncesters, or by hys owne pur­ chase. And Enheritaunce is deuyded into two sortes, that is to say, enheritance corporate, and enheritance incorpo­ rate. Enheritaunce cor­ porate are mesuages, lands, meadowes, pas­ tures, rentes, and such like that haue sub­ stance in them selues, and may haue conty­ nuance alwaies. And these are called corpo­ rall thinges Enheritance incor­ porate, are aduow­ sons, villaines, waies, commons, Courtes, fishinges, and such like that are, or may be appendant, or appurte­ naunt to inheritances corporate. ¶ Equitie. EQuitie is in two sorz, differing much the one from the other, & are of contrary effec­ tes, for the one doth a­ bridge, diminish and take from the letter of the lawe. The other doth inlarge, amplifie & adde thereunto. The first is thus de­ fined, Equitie is the correction of a law ge­ nerally made, in that part wherin it faileth, which correction of the generall wordes, is much vsed in our law. As if for example, when an act of parli­ ament is made, that whosoeuer doth such a thing, shalbe a felon, & shal suffer death: yet if a madde man, or an infant of yonge yeres that hath no dyscreti­ on, doe the same, they shalbe no felons, nor suffer death therefore. Also if a statute were made that al per­ sons that shal receiue, or giue meate or drink or other succour, to any that shal doe such a thinge, shal be acces­ sory to his offence, & shal suffer death if they did knowe of the fact, yet notwithstandinge one doth such an act, and commeth to his wife, who knowinge thereof doth receiue him and giues hym meat and drinke, shee shal not be accessorye nor felon, for in the generaltye of the said wordes of the lawe, he that is mad, nor the infant, nor the wife were included in mea­ ninge. And thus equi­ ty doth correct the ge­ neralty of the law in those cases, & the ge­ neral wordes are by equity abridged. The other equitye is defined after thys sorte: Equity is when the words of the law are effectually directed and one thinge onely prouided by the wordes of the lawe, to the end that al thinges of like kinde may be prouided by the same. And so when the wordes e­ nact one thinge, they enact al other thinges that are of like degree. As the statute which ordeines that in an ac­ tyon of debt against executors, he that doth appere by distresse shal aunswere, doth extend by equity to adminis­ trators, for he of them that doth first appeare by distresse, shal aun­ swere by equytye of the sayd acte, Bee­ cause they are of like kinde. So likewise the sta­ tute of Glocest. geues the actyon of wast, and the paine thereof, a­ gainst him that holds for life, or yeares, and by the equyty of the same a man shall haue an actyon of wast a­ gainst him that hol­ deth but for one yeare, or halfe yeare, and yet that is without the wordes of the statute, for he that holdeth but for halfe a yeare, or one yere, doth not hold for yeres, but that is the meaninge, and the words that enact the one by equitye, enacte the other. ¶ Escape. EScape is in two sortes, that is to say, volunta­ ry, and neglygent. Voluntary escape, is when one doth arrest an other for felony, or other crime, & after let­ teth him go where he wil, this letting of him to goe is a voluntarie escape. And if the ar­ rest of him that esca­ ped were for felonye, then that shal be felo­ ny in him that did suf­ fer the escape, and if for treason, then it shalbe treason in him, and if for trespas, then tres­ pas, & so of other. Negligent escape, is when one is arres­ ted and after escapes against the wil of him that did so arrest him. and is not freshly pur­ sued and taken before the pursuer looseth the sight of him, this shal be said a negligent es­ cape, not withstanding that hee out of whose possession he escaped, doe take him after hee left sight of him. There is an escape also without arrest, as if a murder be made in the daye, and the murderer be not taken, then it is an escape, for the which the towne where the murder was done shalbe amerced. ¶ Esplees. ESplees is as it were the seysin, or possession of a thinge profit, or commodity that is to bee taken. As of a common the esplees is the takinge of the grasse or common by the mouthes of the beastes that common there: Of an aduowson the takinge of grosse tithes: Of a wood, the selling of wood, of an orchard the selling of Aples or other fruit growinge there: of a mill the taking of toll is the esplees, and of such like. ¶ Essoine. ESsoine is where an action is brought, & the plaintife or defen­ dant may not wel ap­ peare at the day in court, for one of the v. causes vnder expres­ sed, then hee shal bee essoined to saue his de­ faut, whereupon note well that there bee v. maner of essoines, that is to say, essoyne de ouster le mere, and that is by xl. daies, the se­ cond essoine is de terra sancta, and that shalbe by a yere & a day, and these two shalbe layed in the beginning of the plee. The iii. essoine is de male vener, and that shalbe at common daies, as the action requireth and this is called the common essoine. The iiij. essoine is de malo lecti, & that is onely in a writte of right and there vpon there shall a writte go out of the Chauncerie, directed to the sherife, that hee shall send iiii. knights to the tenant to see the tenaunt, and if he bee sicke, to geeue him a day after a yere and a day. The v. essoyne is de seruice le roy, and it lyeth in al actions, ex­ cept in assise of nouel disseisin, writ of dower darreine presentment, and in appell of mur­ der: but in thys es­ soine, it behoueth at the day to shewe hys warrant, or els it shal torne into a defaut, if it be in a plee real, or he shal loose xx.s. for the plaintifes iorney, or more by the discretion of the Iustices, if it be in plee personall, as it appeareth by the sta­ tute of Gloucester. cap. 8. ¶ Estoppell. EStoppell is when one is concluded, & forbidden in lawe to speake agaynst hys owne acte, or deede. yea, although it bee to say the truth: And of estoppells there are a great many, one for ex­ ample is, when I. S. is bound in an obliga­ tion by the name of Thomas Stile, or a­ ny other name, and is afterward sued accor­ ding to the same name put in the obligation, that is to saye Tho­ mas Stile, Nowe hee shal not be receiued to say that hee is misna­ med, but shalbe driuen to aunswere accor­ dinge to the name put in the obligation, that is to saye T. S. for peraduenture the ob­ ligee did not know his name, but by the re­ port onely of the obli­ gor himselfe: and in as much, as he is the same man that was bound: he shalbe estop­ ped and forbidden in law to say the contra­ rie against his owne deede: for otherwyse hee myght take ad­ uantage of hys owne wronge, which the lawe will not suffer a man to doe. Also if the daughter that is onely heire to her father, wil sue ly­ uery with her Sister that is a bastarde, shee shal not afterward bee receiued to say that her Sister is bastarde, in so much that yf her bastarde Sister take halfe the lande wyth her, there is no remedy by law. Also a man seised of landes in fee simple, will take a lease for yeres of the same land of a straunger by deede indented, this is an estoppell duringe the terme of yeares. And the lessee is thereby barred to saye the trouth, for the trouth is, that he that lessed the land had nothing in it at the time of the lease made, and that the fee simple was in him that did take the lease. But this he shal not be receyued to say, till after the yeres are determined, because it appeareth that he hath an estate for yeares, & it was hys folly to take a leas of his owne landes, and therefore shall thus be punished for his folly. ¶ Estraungers. EStraungers are they, that are not parties nor priuies to the leuying of a fine, or making of a deede. ¶ Estray. EStray, is where any beast or cattel is in any Lordshippe, and none knoweth the owner thereof, then it shalbe seised to the vse of the Queene, or of the Lorde that hath suche Estray by the Queenes graunt, or by prescription, and if the owner come and make clayme thereto, within a yere & a day, then he shal haue it agayne paying for his meat, or els after the yere, the propertie therof shalbe to the Lord, so that the lord make proclamation ther of according to the law, in ij. Market townes. ¶ Excommunication. EXcommunication, is when a man by iudgement in the spy­ ritual Court is accur­ sed, then his is disabled to sue any action in the Queenes court, and if he remaine excommu­ nicate xl. dayes, and will not bee iustified by hys Ordinarye, then the Byshoppe shall send hys letter patent to the Chaun­ cellor, and thereupon it shalbe commaunded to the Sherife to take the bodie of him that is accursed, by a writ called de Excommuni­ cato capiendo, till hee hath made agreement with the Church for the contempte and wronge, and when he is iustified and hath made agreement, then the Byshoppe shall sende his letters to the Queene, certifiynge the same, and then it shalbe commaunded to the Shirife to dely­ uer hym, by a writte called Excommunicato deliberando. ¶ Exchange. EXchange, is where a man is seised of certeine lande, and an other man is seysed of other lande, if they by a deede indented, or without dede (if the landes be in one selfe county) exhange their landes, so that euerye of them shal haue o­ thers landes to hym, so exchanged in fee, fee taile, or for terme of lyfe, that is called an exchange, and it is good with out lyuerie and seisine. And in ex­ change it beehooueth that the estats to them limited by the exchang be equal, for if one haue an estate in fee in hys land, & the other hath estate in the other lande but for terme of life, or in taile, then such es­ change is void, but if the estates bee equall, and the landes bee not of equall value, yet the exchange is good. Also an exchange of rent for landes is good so an exchaunge bee­ twene rent and com­ mon is good and that ought to bee by dede. And it behooueth al­ way that these words (exchange) be in the dede, or els nothinge passeth by the deede, except that he haue lyuerie and seisine. ¶ Execution. EXecution is where iudgement is gee­ uen in any actyon that the plaintife shal recouer the lande, the debt, or damages, as the case is, and when the writt is awarded to put him in possession, that is called a writte of Execution, & when he hath the possession of the land, or is pay­ ed of the debt, or dam­ mages, or hath the bo­ dy of the defendaunt awarded to prison, then hee hath execution; and if the plee bee in the County, or court baron, or hundred, and they deferre the iudge­ ment in fauour of the partie, or for other cause, then the deman­ dant shall haue a writ of Executione iudicij. But in a writ of debt a man shall not haue recouerie of any land, but of that which the defendant hath the day of the iudgement yel­ ded. And of chattells a man shall haue exe­ cution onelye of the chatels which he hath the day of execution sued. ¶ Executour. EXecutor, is when a man maketh hys testament and last wil, and therin nameth the person that shall exe­ cute his testament, then he that is so named is hys executour, & such an executor shal haue an action against eue­ rie debtour of his tes­ tatour, and if the exe­ cutours haue assetts, euery one to whom the testatour was in­ debt, shall haue an action against the exe­ cutour, if hee haue an oblygation or specy­ altie, but in euerye case where the testa­ tour myght wage his lawe, no action ly­ eth agaynst the exe­ cutour. ¶ Extinguishment. EXtinguishment, is where a Lorde of a manor, or any other, hath a rent going out of lande, and he pur­ chaseth the same land, so that hee hath such estate in the lande as hee hath in the rent, then the rent is ex­ tinct, for that, that a manne may not haue rent going out of his owne land. And when any rent shal bee ex­ tinct, it behoueth that the lande and the rent be in one hande, and al so that the estate that he hath be not defeasi­ ble, and that he haue as good estate in the land as in the rent, for if he haue estate in the lande but for terme of life or yeares, & hath a fee simple in the rent, then the rent ys not extinct, but is in sus­ pence for that time, & then after the terme the rent is reuiued. Also if there be Lord, Mesne, & tenaunt, & the Lord purchaseth the tenan­ cie, then the mesnalty is extinct, but that mesne shal haue the sur­ plusage of the rent, if there be any, as a rent secke. Also if a man haue a hygh way ap­ pendant, & after pur­ chase the land wherein the hygh way is, then the way is extinct, & so it is of a common ap­ pendant. ¶ Extorcion. EXtorcion is a wrong done by an Officer, as a Maior, Baylife, Sherife, Eschetor, or other officer, by colour of his office, in taking excessiue reward or fee, for execution of hys saide office or other­ wise, and is no other­ wise, and is no other thinge in deede then plaine robberie, or ra­ ther more odious then robberie, for robberie is apparant, and al­ wayes hath with it the countenance of vice, but extorcion being as great a vice as robbe­ rie is, carrieth with it a countenance of ver­ tue, by meanes wher­ of, it is the more hard to be tryed, or discer­ ned, and therefore the more odyous, and yet some there be that wil not sticke to stretch their office, credyte, and conscyence, to purchase money as wel by extortion as other­ wise, according to the sayinge of the Poet Virgil. What can be told? or what is that that hunger sweete of golde doth not constrayne men mortal to attempt? ¶ Failing of Record. FAiling of Recorde, is when an action of trespas or such like is brought against one and the defendant say­ eth, that the plaintife before thys brought an action for the same trespasse in an other court, & recouered dam­ mage & c. And demaun­ deth iudgement of the court, if he shal againe haue this action &c. & the plaintif saith there is no such record, wher vpon the defendaunt hath a day gyuen him to bring in the record, at which day he fay­ leth, or bringeth in suche a one, as is no barre to this action, then he is said to faile of his recorde, & there vpon the plaintife shal haue iudgement to re­ couer &c. ¶ Deede. DEede is a proofe and testimonie of the agreement of the partie whose deede it is, to the thinge con­ tayned in the deede, as a deede of feoffement is a proofe of the ly­ uerie of seisin: for the lande passeth by the li­ uerie of seisine, but when the deede and the lyuerie are ioyned to­ gether, that is a proofe of the liuerye, and that the feoffour is contented, that the feoffee shall haue the lande. And note that all deedes are either inden­ ted, whereof there bee two, three, or more as the case requireth, of whiche the feoffour, grauntor, or lessor hath one, the feffee, grauntee, or lessee an other, and peraduenture some o­ ther bodie also ano­ ther &c. or els they are poll deedes or single, & but one, which the fef­ fee, grauntee, or lessee hath &c. And euery deede con­ sisteth of iij. principall points, (and if those iij. be not ioyned toge­ ther, it is no perfect deede to binde the par­ ties) namely, writing, sealing, and deliuery. The first point is writing, whereby is shewed the partyes names to the deede, their dwelling places, their degrees, the thing graunted, vpon what considerations, thestate limitted, the time when it was graunted, and whether simply or vp­ pon condicion, wyth other such like circum­ stances. But whether the parties vnto the deede, writ in the ende their owne names, or set therto their marks (as it is commonlye vsed,) it maketh no matter at all (as I thinke) for that is not ment where it is said, that euery deede ought to haue writing. The second poynt is sealinge, which is a farther testimonie of their consents to that contayned in the deede as it appereth by these wordes. In witnesse whereof &c. alwayes put in that later end of deedes, without which woordes the deede is insufficient. And because we are about sealing and sig­ ning of deedes, it shal not be amisse (brother Nicholas) here to shewe you, for anti­ quities sake, the ma­ ner of signinge and subscribinge of dedes, in our auncestours the Saxons times, a fa­ shion different from that wee vse in these our daies, in this that they to their deeds subscri­ bed their names (com­ monlye addinge the signe of the crose) and in the end did sett downe a great num­ ber of witnesses, not vsinge at that time a­ ny kinde of seale. And wee at this day for more suerty, both sub­ scribe our names (al­ though that bee not verye necessarye as I haue aforesayde) put to our seales, and vse the helpe of testy­ mony besides. That former fashi­ on contynued through out, vntill the time of the conquest by the Normans, whose ma­ ner by litle & litle at the length preualed amongst vs, for the first sealed Charter in Englande is thought to be that of kinge Edward the confessor to the abbey of Westminster who (beinge brought vp in Nor­ mandy) brought into this realme that, and some other of their gui­ ses with him: And af­ ter the comminge of William the conqueror, the Normanz liking their owne country customs (as naturally all na­ tions do) reiected the maner that they found here, and retened their owne, as Ingulphus the Abbot of Croilande, who came in with the Conquest witnesseth saiynge: The Nor­ mans doe change the makinge of writings which were woont to bee fyrmed in Eng­ lande withe Crosses of Golde, and other holie signes, into the printing waxe, & they reiect also the manner of the English wry­ ting. Howbeit thys was not done all at once, but it encreased and came forwarde by certeine steps and de­ grees, so that first and for a season, the kings onely, or a fewe other of the Nobilitie be­ sides him vsed to seale. Then the Noble men for the most part, and none other, whiche thinge a man may see in the Historie of Battell Abbey, where Rycharde Lucy chiefe Iustice of Englande, in the time of kynge Henry the seconde is reported to haue bla­ med a meane subiect, for that he vsed a pry­ uate seale, when as that pertained (as he sayde) to the kinge and Nobilitie onely. At which tyme also (as I. Roste noteth it) they vsed to ingraue in their seales, their owne pictures, & coun­ terfaits, couered with a long coate ouer their Armours. But after this the Gentlemen of the better fort tooke vp the fashion, and bee­ cause they were not al warriours, they made seales ingrauen wyth their seuerall Coates, or shyeldes of armes, for difference sake, as the same aucthour re­ porteth. At the length, about the time of king Edwarde the thirde, seales became very co­ mon, so that not onely suche as bore armes vsed to seale but other men also fashioned to them selues signets of their owne deuyse, some takinge the let­ ters of their owne names, some flowers, some knottes and flo­ rishes, some birdes, or beastes, and some o­ ther thinges, as wee now yet daily beholde in vse. Some other maner of sealinge be­ sides these haue bene hearde of amonge vs, as namly that of king Edward the thirde by which hee gaue to Norman the hunter, the hop and the hop­ towne, with all the boundes vpside downe, and in witnesse that it was sooth, hee bitt the waxe with hys fore tooth. The like to this (Brother Nicholas) our reuerend and good father, amonge other antiquities seruinge my purpose, shewed me in a lose paper, but not very auncientlye writen, and therefore he willed me to esteme of it as I thought good, it was as fol­ loweth. I Willyan Kinge geue to thee Powlen Royden, my hop and my hoplandes, with the boundes vp and downe, from heauen to earth, from earth to hell, for thee and thine to dwel, from me and mine, to thee and thine, for a bow and a brode arrow, when I come to hunt vppon Yarrow. In witnesse that this is soothe, I bite this waxe with mye tooth, in presence of Magg, Maude, and Margerye, and my thirde sonne Hen­ rye. Also that of Alberic de Veer, conteyning the donation of Hat­ field to the which hee affixed a short blacke hafted knife, like vn­ to an olde halfepenny whittle, insteede of a seale, with diuers such like. But some per aduenture wil thinke that these were recei­ ued in common vse & custome, and that they were not rather the de­ uises & pleasures of a few singuler persons, such as are no lesse de­ ceiued, then they that deme euery charter & writinge that hath no seale annexed, to be as auncient as the Con­ quest, whereas in dede sealinge was not co­ monly vsed, til the time of Kinge Edward the third, as hath bene al­ ready saide. The third point is deliuerye, which all­ though it be set last, is not the least, for af­ ter that a dede be wri­ ten, and sealed, if it be not delyuered al the rest is to no purpose. And this deliuerie ought to be done by the party him selfe, or his sufficient warraunt, and so it shall bynde him whosoeuer wrote or sealed the same, and by this last acte the dede is made perfecte accordinge to the in­ tent and effect thereof and therefore in deeds the delyuerie is to bee proued & c. So thus you see, that writinge and sealinge without delyuerie, is nothinge to purpose. That sea­ linge, and delyuerie where there is no wri­ tinge, worketh no­ thinge, nor writinge and delyuery without sealinge also maketh no dede. Therefore they al ought iointlye to concurre to make a perfect dede, as is be­ fore saide. ¶ Farme or ferme. FArme or ferme, is the chiefe mesuage in a village, or towne, and therto beelonging great demeasnes of al sortes, and hath bene vsed to be let for terme of lyfe, yeares, or at will. Also the rent that is reserued vpon such or like leases, is called farme, or ferme. And farmor, or fer­ mour is hee that oc­ cupyeth the farme, or ferme, or is lessee thereof. Also in some pla­ ces, and counties eue­ ry lessee, for life, yeres, or at will, although it be of neuer so smal a cottage or house, is called farmor, or fer­ mour. And note that they are called farmes, or fermes, of the Saxon worde Feormian, which signifieth to feede, or yeelde victuall. For in the auncient time, their reseruatons were as well (or for the more parte) in vic­ tualles, as money, vn­ til at the last, and that chiefely in the tyme of Kinge Henry the first (by agreement) the reseruation of vic­ tualles, was tour­ ned into ready mo­ ney, and so hitherto hath continued among most men. ¶ Fee farme. FEe farme is when a tenaunt holdeth of his lord in fee sim­ ple, payinge to him the value of halfe, or of the thirde, or of the fowerth part or of o­ ther part of the land, by the yeare. And hee that holdeth by fee ferme, ought to doe no other thinge then is conteyned in the feoffement, but one­ ly fealtie, for that be­ longeth to al kinde of tenures. ¶ Feoffement. FEffement is where a man geueth lands to an other in fee sim­ ple, and delyuereth seisin and possession of the lande that is a fe­ offement. ¶ Feffor, and Feffee. FEoffor is he that in­ feffeth, or maketh a feoffement to an other of landes, or tene­ mentes, in fee simple. And feoffee is hee, who is infeffed, or to whom the feoffement is so made. ¶ Fireboote. FIreboote is neces­ sary wood to burne, whiche by the com­ mon lawe, lessee for yeres, or for life, may take in his grounde, although it bee not expressed in his lease: and although it bee a lease by woorde onely without writynge: But if hee take more then is needeful, he shal be punished in wast. ¶ Fledwite FLedwite, that is to bee quyte from a­ mercements when an outlawed fugitiue com­ meth to the kinges peace of hys owne will, or beinge ly­ cenced. Flemeswite. FLemeswite, that is, that you may haue the cattel, or amerce­ ments of your man or fugitiue. "Flemeswite" not found in OED. ¶ Fletwit. FLetwit (or Flit­ wit) that is to bee quite from contention and conuicts, and that you maye haue plea thereof in your court and the amercements, for (Flit) in English is Tensone in french. "Fletwit" or "Flitwit" not found in OED. ¶ Forstall. FOrstall, that is to bee quite of amer­ cementes and cattels arrested within your lande, and the amer­ cements thereof com­ ming. ¶ Forstaller. FOrstaller is he that buieth Corne, Cat­ tell, or other Mar­ chaundize whatsoe­ uer is salable, by the way as it commeth to markets, faires, or such like places to bee sold to the intent that he may sel the same a­ gaine at a more high and deere price in pre­ iudice and hurt of the common wealth and people &c. The paine for such as are conuicte thereof &c. is the first tyme, a­ mercement, and losse of the thing so bought, the seconde time iudg­ ment of the pillorye: The third time impri­ sonment and Raun­ some: The fowerth time abiuration of the towne &c. ¶ Franches Royal. FRanches Royal, is where the Queene graunts to one and to his heires, that they shalbee quite of tolle, or such like. ¶ Free mariage. FRee maryage, is when a man seised of landes in fee simple, gyueth it to an other man, and to his wyfe (who is the daughter Sister or otherwise of kinne to the doner) in free mariage, by vertue of which words they haue an estate in spe­ cyall tayle, and shall hold the lande of the donour quite of al ma­ ner of seruyces vntil the fowerth degree be past accomptinge them selues in the first de­ gree except fealtye, which they shall doe because it is incy­ dent to all tenures sa­ uinge free almes. And such gift may be made as wel after mariage solempnised as before. And a man may geue landes to hys sonne in free mariage, as well as to hys daugh­ ter by the opynyon of Master Fitzherbert in hys writt of cham­ pertye. H. But it appeareth otherwyse in Master Lyttleton, and in Master Brooke titulo Frankemarry­ age Placito decimo. And so it was holden clere in Graies Inne in lent Anno 1576. 18. Eliz. by the right worship­ full master Rhodes them reader there. ¶ Freeholde. FReehold is an es­ tate that a mann hath in landes or tenementes, or profite to be taken in fee sim­ ple, taile, for terme of his owne life, or for terme of an others life And vnder that, there is no free hold: for he that hath estate for yeares or holdeth at wil hath no free hold: but they are called chattels. And of free holdes there are two sortes that is to say, freehold in deede, and freeholde in lawe. Freeholde in deede, is when a mann hath entred into landes, or tenementes, and is seased thereof really, actuallye, and in deede As if the father seised of lands or tenements in fee simple dieth, and his sonne entreth into the same, as heire to his father, then he hath a freehold in deede by his entry. Freeholde in lawe, is when landes or te­ nementes, are dysen­ ded to a man and hee may enter into them when he wil, but hath not yet made his en­ try in deede, as in the case aforesaid, if the fa­ ther beinge seysed of landes in fee simple die seised, and they discend to his sonne, but the sonne hath not yet en­ tred into them in deede, nowe beefore his en­ trie hee hath a freehold in lawe. ¶ Freshsuit. FReshsuit, is when a man is robbed, and the partye so robbed, followeth the felon immediatlye, and ta­ keth him wyth the manner, or otherwise, and then bringeth an appeale against him & doth conuince him of the felony by verdict, which thinge beinge inquyred of for the Queene and found, the party robbed shal haue restitution of his goods againe. Also it maye bee sayde that the partye made freshesuite al­ though he take not the theefe presently, but that it be halfe a yere, or a yeare after the robbery done, before hee bee taken: if so bee that the partye rob­ bed do what lyeth in him, by dylygent in­ quiry and searche to take him, yea, and al­ though hee bee taken by some other body, yet this shal be saide freshesuite. And so freshsuit is when the lord com­ meth to distreine for rent or seruice, and the owner of the beastes doth make rescous, & driueth them into o­ thers grounde that is not holden of the lord, and the lord followeth presently and taketh them, this is called fresh suit, and so in o­ ther like cases. ¶ Gager of deliuerans. GAger of deliuerans is where one sueth a repleuin of goodes taken, but he hath not delyuery of the goods and the other auow­ eth, and the plaintife sheweth that the de­ fendant is yet seised &c. and praieth that the defendant shall gage the delyuerance, then he shal put in suertye or pledges for the rede­ liuerance, and a wryt shall go foorth to the Sherife for to redeli­ uer the goodes &c. But if a man claime proper tie, he shal not gage the deliuerance. Also if he say that the beastes bee dead in the pound, hee shal not gage &c. Also a man shall neuer gage the deliuerance before that they be at issue, or demurrer in the lawe. ¶ Warde. WArde, is when an infant whose aun­ cestor held by knights seruice, is in the ward or keeping of the Lord of whom those landes were holden. And if the tenant hold of dy­ uers Lordes dyuers landes, the Lord of whom the land is hol­ den by prioritie, that is to say, by the more elder tenure, shal haue the wardshippe of the infant, but if one te­ nure be as olde as the other, then he that first happeth to haue the warde of the body shal keepe it, but in that case euery Lord shall haue the warde of the land that is holden of him, but if the tenant hold of the Queene in chiefe, then she by her prerogatiue shal haue the ward of the bodie, and of al the land that is holden of her, & of euery other Lord. ¶ Wardeine. WArdein most pro­ perly is he that hath the wardship or keeping of an herre, & of lande holden by knightes seruice, or of one of them to his owne vse, during the nonage of the heire, & within that time hath the bestowing of the bodie of the heires in maryage at his ple­ sure, without disper­ agement. And of Wardeines there be ij. sorts, name­ ly, gardein in ryght, & gardein in deede. Gardein in right is he that by reason of his seigniorie is seised of the wardship or kee­ ping of the lande, & of the heire, during the nonage of the heire. Gardein in deede, is where the Lord after his seisin, as aforesaid, graunteth by deede or wythout deede, the wardship of the land, or of the heire, or of both to an other, by force of which graunt the grauntee is in pos­ session, then ys the grauntee called gardein in deede. And this gardein in deede may graunt the heire to another also, but that other is not properly called garden in deede for that is the grauntee of the Gar­ den in right onely, and here you may see (bro­ ther Nicholas) what miserye followeth the tenure by knightes seruice if the tenaunt dyeth leauinge hys heire within age, how the poore childe may bee tossed, and tum­ bled, chopped and chan­ ged, bought and sold like a Iade in Smith fielde, and that more is married to whom it pleaseth his garden, whereof ensue manye euells. ¶ Warninge. Warning is when an actyon of de­ tinue of charters is brought against one, & the defendant saieth, that the charters were de­ liuered to him by the plaintife, and by an o­ ther vpon certein condi­ tions, and praiethe that the other may be war­ ned to pleade with the plaintife whether the conditions be perfo­ med or noe, and there­ vppon a write of Scire facias shall goe forthe against him. And that is called warninge. ¶ Gauelate. GAuelate, is a specy­ all and auncyent kinde of Cessauit vsed in Kent where the cus­ tome of Gauelkinde continueth: whereby the tenant shal forfait his landes and tene­ ments, to the lord of whom they are holden if he withdrawe from his lorde his due rents and seruices, after thys manner as fol­ loweth. If any tenaunt in Gauelkinde, with­ holde hys rent, & his seruices of the tenement which hee holdeth of his lord, let the Lorde seeke by the awarde of his Court from three weekes to iij. weekes, to find soe distres vpon the tenements vntil the iiij. court, alwaies with witnesses. And if within that time, he can finde no distres in that te­ nement, whereby hee may haue iustice of his tenaunt. Then at the fowerth court let yt be awarded, that hee shal take the tenement into his hande, in the name of a distres, as if it were an oxe or a cow & let him kept it a yere & a day in his hand with­ out manuring it: within which terme if the te­ naunt come & pay hys arrerages, & make rea­ sonable amendes for the withholding, then let him haue & enioy his tene­ ment as his auncestors & he before held it: & if he do not come before the yeare and the day paste, then let the Lord goe to the next Countie court wyth the witnesses of hys owne Court, and pro­ nounce there this pro­ cesse, to haue further witnesse, and by the a­ warde of hys Court, (after the Countie court holden) he shall enter and manure in those lands and tene­ ments as in his owne. And if the tenaunt come afterwarde, and will rehaue his tene­ ments, & hold them as he did before, let hym make agreement wyth the Lord, according as it is aunciently said. Hath he not since any thing gyuen, nor hath he not since any thing paied: Then let hym pay fyue pounde for hys were er before hee beecome tenaunt or holder againe. There bee some co­ pies that haue the first Verse thus written. Nisith yelde, and nisith gelde. And others thus. Nighesith yelde, and ni­ ghesith gelde. But these differ not in signification, other copyes haue it after this sort. Nigondsith felde, and nigondsith gelde. That is to say, let him ix. times pay, and ix. times repay. ¶ Gauelkinde. GAuelkind is a cus­ tome annexed, and going with landes in Kent called gauelkind lands, holden by aun­ cient Socage tenure, And is thought by the skilfull in Antiqui­ ties, to be called Ga­ uelkind of Gyue al kyn, that is to say, to all the kindred in one line according as it is vsed among the Germans, from whom we Eng­ lishmen, and chiefly of Kent come. Or els it is called Gauelkind of gyue all kinde, that is to say, to all the male children, for kinde in Dutch signifyeth a male childe. And dy­ uers other like coniec­ tures are made by them of the name (Gauel­ kind) which I omyt of purpose for short­ nes sake, because that here you looke (Bro­ ther Nicholas) as you desired me, that I should speak somewhat large ly conerninge other more needeful matters for your purpose, which you ar desirous to know as touching Gauelkind lands, both because you were born in Kent, & also are most abyding there, & there fore you thinke to bee ignorant of the maners or cust. of your natiue contry were a foul shame To satisfie your re­ quest in this: I haue therefore set you here downe, the auncyent customes of Kent, 15 they haue very truely & carefully of late ben published, with some ca­ ses vpon them, gathe­ red out of those bookes that make any mencion hereof, which wyll I think content your de­ sire at full. And first you must know, that these Gauelkind cus­ tomes are of good an­ tiquitie, brought in hither by the Saxons, Intes, and Angles Germans, from whom we Englishmen dys­ cend (as is aforesaid) & were by them vsed, & left here, & so conti­ nued in force, vntyll Willyam Duke of Normandie, con­ quered all Englande, (Kent onely excepted) which he had by com­ posicion & not by con­ quest. And in this com­ posycion the valiant Kentishmen obtayned a graunt of the conty­ nuation of their cus­ tomes of Gauelkinde, which euer since they haue vsed in the same countrey, & thus they are as followeth. ¶ The Customes of Kent THese are the vsa­ ges & customes, the which the comminalty of Kent claymeth to haue in the tenements of Gauelkind, & in the men of Gauelkind, al­ lowed in Eire before Iohn of Berwicke & his Compainions the Iustices in Eire in Kent, the xxj. yere of kind Edw. the sonne of king Henrie. That is to say, that all the bodies of Ken­ tishmen be free aswell as the other free bo­ dyes of England. This thing hath ben since confessed to bee true, as it appeareth in 30. E. I. in Fitzherbert titulo Villenage pla­ cito 46. Where it is holden sufficient for a man to auoyde the ob­ iection of bondage, to say that hys father was borne in Kent. But whether it wyll serue in that case to say, that him selfe was borne in Kent, it is (for good reason) to be doubted. 2 And that they ought not the Eschetour of the king to chose, nor euer in any time dyd they. But the kinge shall take or cause to be taken such a one as it shall please him, to serue him in that which shalbe needefull. 3 And that they may their lands & their te­ nements gyue and sel, without licence asked of their Lordes: Sa­ uing vnto the Lordes the rents & the seruy­ ces due out of the same tenements. 4 And that all, and euery of them, may by writ of the king, or by plaint, pled for the ob­ tayning of their right, aswell of their Lordes as of other men. 5 And they claime al­ so, that the comminaltie of Gauelkinde menne which hold none other then tenements of ga­ uelkind nature, ought not to come to the co­ mon summons of the Eire, but onely by the Borsholder, & iiij. men of the Borough. Ex­ cept the towns which ought to aunswere by xij. men in the Eire. The like to this pri­ uiledge is enioyed at this day in the She­ rifs Lathe, where ma­ ny whole borows, be excused by the onely appearance of a Bor­ sholder, and two, fow- er, or fixe other of the inhabitants. Borshol­ der is so named of the Saxon wordes Bor­ her ealder, that is to say, that most auncient or elder of the pledges. 6 And they clayme also, that if any tenant in gauelkind bee at­ tainted of felonye, for the which he suffereth iudgement of deathe, the kinge shal haue al his goods, & his heire forthwith after hys death shal be enherita­ ble to al his landes & tenements which he held in Gauelkind in fee, & inheritance: And he shal hold them by the same seruices & cus­ tomes, as his aunces­ tors helde them: where­ vpon it is said in kentish The father to the bough, And the son to the plough. But this rule holdeth in case of felonye, and of murder onelye, and not in case of treason at all: And it hol­ deth also in case wher the offendour is ius­ tised by order of lawe and not where he with­ draweth him selfe af­ ter the fault commit­ ted, and wil not abide his lawfull trial. And because that this cus­ tome shal not be con­ strued by equity but by a straight and lite­ ral interpretacion: it hath therefore beene doubted, whether the brother or vncle shall haue the aduantage thereof, beecause the words extent to the sonne onely. See 22. E. 3. a­ bridged by master Br. titulo Custome 54. 7 And if he haue a wife, forthwith be she endowed by the heire, if he be of age, of the one halfe of al the lands and tenements which her husband helde of Gauelkind nature is fee: To haue & to hold according to the forme hereafter declared, and of such lands the king shal not haue the yere, nor wast, but onely the goods, as is before said. The wife shall not lose her dower for the defaut of her husband, but in such case where the heire shal lose hys inheritance for the offence of his father. 8. H. 3. 8 And if any man of Gauelk. either for fe­ lonie, or for suspicion of felony, withdraw him out of the countrey, & be deman ded in the county as he ought, & be afterward vtlawed, or put him self into the holy church, and abiure the land, & the Realme, the king shal haue the yere & the wast of his lands, & of al his tenementz, together withal his goodes & chattels. So that after the yere and the day, the nexte Lord, or Lordes, shall haue their Eschetes of those lands, and tene­ ments, euery lord that which is immediatly holden of him. So is it holden in the bookes 8. E. 2. abridged by master Fitzh. titulo Pre­ scription 50. et 22. E. 3. abridged by master Brooke titulo Custome 54. 9 And they clayme also, that if any te­ naunt in Gauelkind die, & be an inheritor of landes, and tenements in Gauelkind, that all his sonnes shall part that inheritance by e­ qual porcions. 10 And if there bee no heire male, let the particion be made be­ tweene the females, euen as betwene bro­ thers. But the statute of Prærogatiua regis ca. 16. sayeth, That the females, shall not de­ uide with the males, which is to be vnder­ stoode, or such as bee in equal degree of kinred as brothers & sisters, as in this ix. and x. de­ uision. For if a man haue issue iij. sonnes, & the eldest haue issue a daughter, and die in the life of his father, & the father dyeth. In this case the daughter shal ioine with the two other brethren her vncles, for that she is not in equall degree with them, as her father was, whose heire neuerthelesse shee must of necessity be. 11 And let the messu­ age also be departed be­ twene them, but the As­ ter shal remaine to the yongest sonne or daugh­ ter, & be the value there­ of deliuered to each of the parceners of the heritage, from xl. feete from that Astre, if the tenement will it suffer. By this worde (As­ ter) is ment ) as is con­ iectured) eyther the hall or cheefe roome of the house, eyther else the wel for water, or the south side of the buildinge, for (Astre) beeing sounded with­ out (s) may come of the latin worde Atri­ um, which signyfieth a Hall, or of Haus­ trum, which betoke­ noth the bucket of a well, or of Austrum, the south side, euery of which haue their par­ ticuler commodityes aboue the rest of the house or tenement, Or otherwise being soun­ ded with (s) it may bee deduced from the french word (Asister) by contractyon (As­ tre) which is as much as a site, or situation, and with the article (le) before it (Les­ ter) a churchyarde, or Court about a house. But at this day there is noe suche regarde made in the particion, but onely consideration had, that the partes them selues be equal & indifferent. 12 And then let the eldest brother haue the first choyse, and the others afterwarde ac­ cording to their degree 13 Likewise of hou­ ses which shalbe found in such messuages, let them bee departed a­ mongst the heires by equall porcions, that is to weete, by foote if neede bee, Sauinge the Couert of the As­ ter which shal remain to the yongest sonne, or daughter, as is be­ foresayd. So neuer­ thelesse, that the yongest make reasonable a­ mends to his parceners for the part which to them belongeth, by the award of good men. 14 And of the afore­ said tenements, where­ if one onely suit was wont to be made be­ fore time, be there not by reason of the parti­ cion but one sole suite made, as it was before accustomed, but yet let al the parceners make contributyon to the parcener which ma­ keth the suit for them. 15 In lyke sort let the goods of Gauelkind persons be parted into iij parts, after the fu­ nerals and the debtes payed, if there be law­ ful issue on liue, so that the dead haue one part, and his lawful sonnes and daughter an other part, and the wife the iij. part. Where it is sayde here, that the dead shal haue one part, it is ment for performance of his legacies by his execu­ tours if he make a tes­ tament, or by the dis­ cretion of the ordinary if he dye intest. 16 And if there be no lawfull issue on lyue, let the dead haue the one halfe, & the wife a liue the other halfe. The selfe same order that the custome here speakest of in the xv. & xvi. diui­ sion, is at this day ob­ serued in the citye of London, and the same in effect was longe since vsed throughout the whole Realme. For it is euident both by the law of Kynge Canutus, by master Glanuil, by the words of Magna Charta cap 18. by master Fitzh. in his natura breuium in the writ de rationabili parte bonorum fol. 122. L. That the wife and children had their reasonable partes of the goodes by the com­ mon lawe of the realme and that the common law was so, it appeareth also in 30. E. 3. 25. & 21. 30. H. 6. And it was said for law M. 31. H. 8. abridged by M. Br. titulo Rationabili parte bonorum, pl. 6. that it hath bene often put in vse as a common law, & neuer demurred vpon and therefore it see­ meth that it is com­ mon law, howsoeuer it came to passe at lenght that it was admitted for law, but in such countries one­ ly, where it was con­ tinued by daily vsage, and that al the writs in the register de rati­ onabili parte bonorum, haue mencion of the special custome of the shire, in which the party is demaunded, and so in the book 28. H. 6. 4. But as at this daye partition of Chattelles is not v­ sed through out the whole realme, though in the meane tyme it hath not lost the force of common law as ma­ ny thinke, and as may be gathered by the o­ pinion aforesaid hol­ den for law anno 31. H. 8. So is it as some thinke, vanished quite out of all vre within this countrie of Kent also. 17 And if the heire or heires, shal be vn­ der the age of 15 yerez let the nurture of them be committed by the lorde, to the next of the bloud to whom the in­ heritance can not dis­ cend, so that the lord take nothinge for the committing there of. 18 And let not the heire be married by the Lord but by his owne will, and by the ad­ uise of his friendes if hee will. 19 And when such heire, or heires, shall come to the age of 15. yeares, let their lands and tenementes be de­ lyuered vnto them to­ gether with their goodes and profits of the same landes, remainingge a­ boue their reasonable sustenaunce: of the which profites and goodes, lett hym bee bounde to make aun­ swere which had the educatyon of the heire or els the Lorde, or hys heires which com­ mitted the same edu­ cation. The lord ought to take good heede, that he credit not the cus­ todye to anye person that shall not bee able to aunswere there­ fore. For if the heire to his ful age of 15. yeares shall come to the lords court, and de­ maund his enheritance although the Lorde may distreine the gar­ den to yeld his accompt (as it appeareth 18. E. 2. Auowry 220.) yet in default of his a­ bilitie, the Lorde him selfe, and his heires, remaine charged to the heire for the same: But I do not heare, that the Lordes take vpon them at this daye to commit the custody of these infants, but that they leaue it altoge­ ther to the order of the next of kyn, peraduen­ ture to auoid the daun­ ger in which they are, if they intermedle as is aforesaid. 20 And this is to bee vnderstood, that from such time as those heires in Gauelkinde be of, or haue passed the age of 15. yeres, it is lawful for them, their landes or tenements, to giue and sell at their plea­ sure, Sauinge the seruices to the chiefe lordes, as is before­ sayd. Although that this custome enable the heire to make awaye hys lands and tenementes very soone, namely at the fiftenth yere of his age, by meanes wher­ of it might be thought vnreasonable in gy­ uing such scope and li­ berty to so yong yeres, yet vpon the good con­ sideration thereof it may appeare, that the custome it selfe doth reasonably and care­ fully prouide in the behalfe of the heire for so much as it licenceth him at that yeares not to geue his landes, for that hee might do for nothinge, but to geue and sell hys landes, which it meaneth hee should not do without sufficient recompence. Such like interpreta­ tion, the common law also seemeth to make of this custome both by the opinion of Va­ uisour & Keble. 5. H. 7. 31. & 41. who said, that it was adiudged that a releas made by such an enfant was voyde. by the sentence of the booke 21. E. 4. 24. where it is sayd, that an infant cannot de­ clare his wil vpon such a feoffement. And by the iudgment of Hank 11. H. 4. 33. who also held, that a warranty or graunt of a reuersi­ on made at such age, was to no purpose at all, although a lease with releas might hapely be good by the custome, be­ cause that amounteth to a feffement. And it is not fit that this custome should bee construed by equi­ tye, for as much as it standeth not with any equitie, to enable an infant, of little dys­ cretion, and lesse ex­ perience, to sell hys land, & not to prouyde withal that he should haue Quid pro quo, and some reasonable re­ compence for the same: for that were not to defend the pupil & fa­ therlesse, but to laye him wide open to eue­ ry slie deceyt and cir­ cumuention. In which respect, their opinion is very wel to be liked of, who holde, that if an infant in Gauelkind, at this day will sel at x.v. yers of age, these 3. things ought of neces­ sitie to concurre, if he will haue the sale good & effectuall. The first that he be an heire, and not a purchaser of the land that he departeth withall. The seconde that he haue recompence for it: & the third, that he do it with liuery of seisin by his own hand, and not by warrant of attourney, nor by any other manner of assu­ rance. And these men for proofe of the first & seconde point of their assertion, do build vpon the words of this custome where it is said from such time as those hei­ res in Gauelkind be of or haue passed the age of xv. yeres, it is lawful for them, their lands or tenements to giue and sel, in which the wordes (those heires) do res­ train the infant that com­ meth in by purchase. And (giue & let) in the copulatiue, do of neces­ sity imply a recompence, forsomuch as sellinge cannot be without some price or thing giuen for it. And for maintenance of the iij. matter they haue of their part be­ sides the common vsage of the countrey, the comon law of the realme also, which expoundeth the word (giue) to meane a feffement, & which not onely disalloweth of any gift made by an infaunt, but also pu­ nysheth the taker in trespas, vnless he haue it by liuery from the infants owne hands as appeareth in 26. H. 8. 2. 9. H. 7. 24. 18 E. 4. 2. 22. H. 6. 3. & diuers other bookes. 2I And if any such tenant in Gauelkinde die, & haue a wife that ouer lyueth him, let that wife by & by bee endowed of the one halfe of the tenements whereof her husbande died vested, and seysed by the heires, if they bee of age, or by the Lords, if the heire bee not of age, so that shee may haue the one halfe of those lands, & tene­ ments, to hold so long as shee keepeth her a widow, or shalbe at­ tainted of child birth, after the auncient v­ sage, that is to saye, that if she when she is deli­ uered of child, & the infant be herde cry, & that the hue & crie, be raised, & the country assembled, and haue the viewe of the child so borne, and the mother: then let her loose her dower wholy, and otherwise not, so longe as shee holdeth her a widow, whereof it is sayde in kentish. He that doth wende her, Let him lende her. This custome hath bene allowed of, by the common lawe longe time since, as may bee reade, Prærog. regis cap. 16. & 2. H. 3. in Fitz. titulo Prescription 59. &c. But it is a doubte whether a womanne shall bee endowed by this custome of a pos­ sessyon in lawe or no, for that the wordes, bee (of the tene­ mentes whereof her husbande dyed vested and seysed (whych word, vested, inforceth a possession in deede & not in law onely. And therefore, if landes in Gauelkind discend to a married man, which dyeth before he make his entrie into the same. Inquire whether it be the maner to endow his wife therof or no: A woman shal not bee endowed by this cus­ tome of a Bailywike, or Faire, or such like profite by the opinion of M. Perkins folio 84. because the wordes of this customarie dower be terres & tenementa, & al customes shall finde a litteral and streyght interpretacion. And where she is to be en­ dowed by this custome she may very well bee endowed of a moitie, to be holden in common with the heire that en­ ioyeth the other halfe &c. It is a doubt whe­ ther that a woman en­ tituled to Dower in Gauerkind may waiu her dower of the halfe after this custome, & bringe her accion to be endowed of the 3. at the common law, and so exempt her selfe from al daunger of the custo­ mary conditions or no? Some haue bene of o­ pinion that she is at ly­ berty to take one and refuse the other at her pleasure: & therefore inquire thereof &c. 22 And they claime also, that if a manne take a wife which hath inheritaunce of Gauelkind, and the wife diethe before him let the husband haue the one halfe of those lands & tenements wher of she dieth seised soe long as he holdeth him a widower, without do­ ng any strippe, or wast or banishment, whether there wee issue be­ twene them or no. And if he take another wife lett hym loose all. 23 And if any te­ nement of Gauelkind doe escheat (and that escheat be to any lorde which holdeth by fee of Hawberke, or by Serieancye) by death or by Gauelette as is hereafter sayd, or bee to him rendered vp by hys tenaunt which beefore helde it of him by quitte claime thereof made, or yf hys escheate bee by gauelate as is here after said, let thys lande remaine to the heires vnpartible: and this is to bee vnder­ stode, where the tenant so rendringe, doth re­ tain no seruice to him selfe, but saueth neuer the lese to the other lords their fees, fermes & the rents wherewith the a­ foresaid tenements of gauelkind (so rendred) were before chargd by him or them which might charge them. To holde by fee of Hawbert, or by Ser­ iancie (if it be graunde Seriancie) is to hold by knightes seruyce. Heahbeony in Saxon, is a high defence: and the customes of Nor­ mandie called that fief or fee de Haubert, which oweth to de­ fend the lande by full armes, that is, by horse, haubert, target, sworde, or helme. And it consisteth of 300. a­ cres of land, which is the same (as some think) that wee call a whole Knightes fee. 24 And they clayme also, that if any tenant in Gauelkinde wyth­ hold his rent & his ser­ uices of the tenement which hee holdeth of his lord, let the Lorde seeke by the awarde of his Court from three weekes to iij. weekes, to finde some distres vpon that tenement, vntil the iiij. Court, alwayes wyth wit­ nesses. And if within that time, he can finde no distres in that te­ nement, whereby hee may haue iustice of his tenaunt. Then at the fowerth court let yt be awarded, that hee shal take that tenement into his hande, in the name of a distres, as if it were an oxe or a cow & let him kepe it a yere & a day in his hand with­ out manuring it: within which terme if the te­ naunt come & pay hys arrerages, & make rea­ sonable amendes for the withholding, then let him haue & enioy his tene­ ment as his auncestors & he before held it: & if he do not come before the yeare and the day paste, then let the Lord goe to the next Countie court wyth the witnesses of hys owne Court, and pro­ nounce there this pro­ cesse, to haue further witnesse, and by the a­ warde of hys Court, (after the Countie court holden) he shall enter and manure in those lands & tenements as in his owne demes­ nes. And if the tenant come afterwarde, and will rehaue his tene­ ments, & hold them as he did before, let hym make agreement wyth the Lord, according as it is aunciently said. Hath he not since any thing gyuen? nor hath he not since any thing paied? Then let him pay fyue pounde for hys were, before hee beecome tenaunt or holder againe. Some copyes haue the first verse thus. Let him ix times pay and ix. times repay. This custome is tou­ ched by the way by Master Frowick 21. H. 7 .15. and by him thought to be good, but whe­ ther it bee at this day put in vre, enquyre further. 25 Also they claime that no man ought to make an othe vpon a booke, (neyther by dis­ tres, nor by the power of the Lorde, nor hys Bailife) against hys will, without the writ of the king (vnlesse it bee for fealtie to be don to his Lord,) but onely before the Coroner, or such other minister of the king, that hath royal power to enquire of trespas committed a­ gainst the Crowne of our Lord the king. 26 And they claime that euery Kentishman may essoine another, either in the Kinges court, or in the county, or in the hundreth, or in the court of his lord wher essoine lieth, & that as­ wel in case of common sute, as of plee. 27 Moreouer they claime by an especiall deede of kinge Henry, the father of Kynge Edwarde, that of the tenementes which are holden in Gauelkinde there shall no battaile be ioined, nor graunde assise taken by xij. knightes, as it is v­ sed in other places of the Realme: that is to wit, where the te­ naunt and demaun­ daunt hold by Gauel­ kinde: But in place of these graund assi­ ses, let iuries be taken by xij. men beinge te­ nants in Gauelkinde, so that fower tenants of Gauelkend chose xiij. tenants of Gauel­ kind to be iurors. And the charter of the kinge of this especial­ ty, is in the custody of sir Iohn of Norwood, the day of S. Elphey in Caunterburye the yeare of kinge Edw. the sonne of kinge Henry the 21. These be the vsa­ ges of Gauelkind, & of Gauelkinde men in Kent, which were be­ fore the conquest, and at the conquest, and euer since til now The end of the customes Hauinge thus en­ ded the customes as you see (Brother Ni­ cholas) there remay­ neth now to be shew­ ed what lands within this country of Kent, bee of the nature of Gauelkinde, and what not. First therefore, it is to be vnderstanded, that al the lands with in this shire which be of auncient Socage tenure (as was said at the beginninge) bee also of the nature of Gauelkind. And the landes holden by aun­ cient tenure of knights seruice, be at the com­ mon law, & are not de­ partible after the or­ der of thys custome, except certeine whych beeing holden of olde time by knightes ser­ uice of the Archbishop of Caunterbury, are neuer the lesse depar­ tible, as it may ap­ peare by the booke 26. H. 8. 4. And that grew by reason of a graunt made by kinge Iohn, to Hubert the Archbishop there, the tenour of which is as followeth. ¶ Iohn by the grace of God, king of Eng­ land, Lord of Ireland, Duke of Normandie, of Aquitane, and earle of Angieu: To all Archbishops, bishops, Abbots, Earles, Ba­ rons, Iustices, sherifs, Gouernours, & Offi­ cers, and all Bailifes, & al his faithfull sub­ iectes greeting. Know yee that wee haue gran­ ted, & by this our pre­ sent Charter haue con­ firmed, to our reuerend & deerely beloued fa­ ther Hubert Archby­ shop of Caunterbury, and his successors for euer, that it shalbe law­ ful for them, to con­ uert those lands which men of the fee of the Church of Canterbu­ rie do hold in Gauel­ kind into knights fee. And that the same bi­ shops and their suc­ cessors, haue the lyke power and libertie for euer, ouer those men & their heires, that shal holde those landes so conuerted into knights fee, which the Archbi­ shop hath & his succes­ sors after him shal haue, ouer other knights of the fee of the Church of Canterbury & their heirs. And that those men & their heires haue the same & al such libertie foreuer, which other knights of the fee of the church of Canterb. & their heirs haue. Pro­ uided alwaies that neuer­ thelesse their accusto­ med rent of pence, bee wholly payed out of their landes, as before time their giftes, aue­ rages, and other serui­ ces which issued out of the same lands be con­ uerted into a rent of pence of like value, & the same rent be paied as the other rent of pence is. Wherefore we will & straightly commaund, that whatsoeuer the afore­ named Archbishop & his successors after him shal do concerning those lands which are to bee conuerted into knights fee, according to the forme & maner aboue written, abide ratified & confir­ med for euer. Forbid­ ding any person to pre­ sume against the deede of the Archbishop or his successors in thys behalfe. Witnesse E. Bishop of Ely, & S. of Bath, G. the sonne of Peeter Earle of Essex, William Mar­ sall Earle of Pem­ brooke, Ro. of Hare­ court, Garine the sonne of Geralde, Peter of Stoke, Ri. of Reuers Rob. of Tateshall, yeuen by the hande of S. Archdeacon vnto William at Rupein au­ riuall; the iiij. day of May, the third yeare of our Raigne. But for asmuch as it is disputable, whether this Charter of King Iohn, be of sufficient vertue to chaunge the nature of Gauelkinde lande, or no, & for that the certeintie of the lands so conuerted in­ to knightes fee, doth not any where appere, (saue onely that in the booke of Ayde le­ uied in this shire. An­ no 20. E. 3. it is iiij. or fiue times noted, that certeine lands in Kent bee holden in knightes seruice, by the new lycence graun­ ted to the archbishop) this shall suffice for that. & it shal follow to bee proued, that al the lands of auncient tenure in knightes seruice, bee subiect to the ordinary course of discent at the common law. And that may sufficiently bee done both by the expresse wordes of a note in 9. H. 3. abridged by M. Brook titulo Customes 57 & in M. Fitzh. ti. Pre­ scription 63. & by the opinion of the Iustices 26. H. 8. 4. as also by plein recital in the act of Parlaiment made 31. H. 8. ca. 3. by which statute, the possessions of certeyne Gentle­ men there were dely­ uered from this custo­ marie discent, and in­ corporated to the com­ mon lawe, for (a­ mongest other things) in that acte it is said: that from thence forth such their landes shal­ be chaunged from the sayde custome, and shall dyscende, as landes at the common lawe, and as other landes beeing in the said County of Kent, which neuer were hol­ den by seruice of so­ cage, alwayes but haue been holden by knightes seruice, doe discende. By which woordes, it is verye euident, that the ma­ kers of that estatute vnderstood al lands hol­ den by knights seruice to bee of their proper nature, discendable af­ ter the common law, & that socag. tenure was the onely subiect, in which thys our cus­ tome of Gauelkinde discent, preuayled and helde place. But when mencion is here made of So­ cage & knightes fee, it must alwayes be vn­ derstanden a Tenure long since, & of auncient time continued, & not now newely or lately created, for so it may fal out otherwise then is alreadie reported. As for example, If lande aunciently hol­ den by knightes ser­ uyce, come to the Queenes hands, who afterward gyueth the same out againe to a common person, to bee holden of, her manour of East Grenewich in socage) this land not­ withstanding the alte­ ration of the tenure) remaineth discendable to the eldest sonne only, as it was befor, as also in like sort, if lands of auncient Socage ser­ uice come to the Crowne, and bee deliuered out agayne, to bee holden eyther of the Queene in Capyte, or by knightes seruice of a­ ny manor, it ought to discend accordinge to the custome notwith­ standing that the te­ nure bee altered, and if this bee true in the graunt of the Queene her selfe: then much lesse may the Archbi­ shop by newe creati­ on of tenure, make to his tenants any alte­ ration of this old cus­ tome & maner, For as the pleading is, That the lands aforesaid, are of the tenure & nature of Gauelkind, euen so the truith is, that the pre­ sent tenure onely gui­ deth not the discent, but that the tenure & the nature together, doe gouerne it. And therfore, as on the one side, the custome can­ not attache, or take holde of that whiche was not before in na­ ture subiect to the cus­ tome, that is to say, accustomably departed So on the other side, the practise of the cus­ tome, long time conti­ nued, may not be in­ terrupted by a bare al­ teration of the tenure, as it was holden by the Iustices, Anno 4. & 5. Phi, & Mary, as Iustice Dalison hath left reported. And al­ so as it appereth by the book 26. H. 8. 4. where it is said, that if a man seised of Gauelkinde land holden in Socage, make a gyft in tayle and create a tenure in knightes seruyce, that yet thys lande muste descende after the custome it did be­ fore the change of the tenure. Moreouer, as the chaunge of the tenure cannot preuaile against this custome: So nei­ ther the continuaunce of a contrarye vsage, may alter thys pre­ scription. For it is holden 16. E. 3. in Fitz. titulo Prescription 52. that albeit the eldest soune onely hath (and that for many discents together) entred into Gauelkinde land, and occupyeth it without any contradiction of the yonger brothers, that yet the lande remay­ neth partible betwene them, whensoeuer they will put to their claime Agaynst which asser­ tion, that which is said 10. H. 3. in Fitzh. titulo Prescripcion 64 namely of the issue taken thus. Whether the lande were par­ ted or no is not great­ ly forceable. For al­ though it bee so, that the lande were neuer par­ ted in deede, yet if it re­ maine partible in na­ ture, it may bee par­ ted whensoeuer occa­ sion shalbee ministred. And therefore, euen in the fourme of plea­ dinge vsed at this day (That the lande al­ waies &c. was par­ tible, and parted) it is playnlie taken, that the worde (partible) onely is of substaunce, & that the word (par­ ted) is but a worde of fourme, & not materi­ al, or trauersable at al, yea so inseperable is this custome from the land in which it obtai­ neth, that a contrary dis­ cent (continued in the case of the Crowne it selfe) cannot hinder, but that (after such time as the land shall resorte agayne to a common person) the fourmer olde custome shall gouerne it. As if lands of Gauelkind nature come to the Queenes handes by purchase, or by Es­ chete as holden of her manor of Dale, nowe after her death, all her sonnes shall inherite and deuide them. But if they come to her by forfaiture in treason, or by gift in parlya­ ment, so that her grace is seised of them in right of the crowne, then her eldest sonne onely (which shalbe kinge after her) shal enioy them, in which case al­ though those landes which the eldest sonne beinge kinge) did pos­ sesse, do come to his eldest sonne after him (being king also) and so from one to an o­ ther, by sundry dis­ centes, yet the opi­ nion of Sir Anthony Browne was 7. Eliza­ beth, that if at any tyme after the same landes be graunted to a common person, they shall reuolt to their former nature of Ga­ uelkind and be parti­ ble amongst his heires males, notwythstan­ dinge that they haue runne a contrary course in dyuers the dys­ cents of the kings be­ fore. But much lesse may the vnity of pos­ session in the Lorde frustrate the custome of Gauelkynde dys­ cent as may appeare, 14. Hen. 4. in the longe Recordare, a­ bridged by Master Brooke titulo Auowry 46. and titulo Customes 19. Now followeth to bee spoken howe farre thys custome exten­ deth it selfe wythin this our Countrey of Kent &c. It is commonlye taken that the cus­ tome of Gauelkinde is general, & spreadeth it selfe throughout the whole Shire into all lands subiect by aun­ cient tenure vnto the same, such places only excepted, where it is altered by act of par­ lyament. And there­ fore in 5. E. 4. 18. and 14. H. 4. 8. it is sayd, that the Custome of Gauelkinde is (as it were a common lawe in Kent. And the booke 22. E. 4. 19. affirmeth, that in de­ maunding Gauelkind lande, a man shall not neede to prescribe in certeyne, and to shew that the Towne, Bo­ roughe, or Citye, where the landes be, is an auncient towne, Boroughe, or Cy­ tie, and that the cus­ tome hath byn there (time out of mynde) that the landes with­ in the same Towne, Borough, or Citie, should discende to all the heires males &c. But that is sufficient­ ly inough to shew the Custome at large, and to say, that the lande lieth in Kent, and that all the lands there bee of the nature of Ga­ uelkind. For a writ of particion of landes in Gauelkind) saith M. Littleton) shall bee as generall, as if the lands were at the co­ mon lawe, although the declaration ought specyally to containe mencion of the Cus­ tome of the Coun­ trey. This vniuer­ salytie considered, and also the strayte bonde (whereby the cus­ tome is so inseperablye knit to the lande, as in manner nothynge but an acte of Parli­ ment can clerely dis­ seuer them) it follo­ eth, that no place Citye, Towne, or Borough within this shire, can bee exempt from this custome al­ though the same hath not at any time byn there put in vre, no more then the Eldest sonne (in the case beefore) maye for the lyke reason pre­ scrybe agaynst hys younger Bretheren &c. Thus much beinge spoken touchinge the name, tenure, nature, generalty, and order of Gauelkind: it shall nowe bee shewed of what qualitie the rents, remainders, actions, and such other things (of the which some be issuinge out of these landes, some bee an­ nexed vnto them, and some bee raised by rea­ son of them) shalbee. And of them some shall ensue the nature of the land & other some shal keepe the same course that common law hath appointed. And there­ fore if a rent be graun­ ted in fee out of Ga­ uelkinde lande, it shal dyscende to all the males as the lande it selfe shal do, as appea­ reth in 14. H. 8. 5. 26. H. 8. 4. & 4. E. 3. But if ij. iointenants of land in Gauelkinde grant a rent charge out of that land to I. S. & to his heires, and I. S. dieth hauing issue ij. sonnes, this rent shal not discend to both the sonnes of I. S. but to the heire at the com­ mon law because that the custome is in sus­ pence during the ioin­ ture by the opinion of the ryght worship­ full Christopher Yel­ uerton Esquire, at his reading in Graies Inne in lent Anno. 1573. So if a tenauncye bee of Gauelkynde nature, yet the rent seruice by which it is holden may discende according to the com­ mon lawe, as Ald' and Chart' in 7. E. 3. were of opinion. If a remaynder of Gauelkinde lande bee tayled to the heires males, they altoge­ ther shall inherite as Fitzherbert & Norwich. thought 26. H. 8. 4. But that is to be vn­ derstoode of a dyscent onely, for if landes of Gauelkinde nature be leased for lyfe, the re­ mainder to the ryght heires of Iohn Stile which hath issue fo­ wer sonnes and dy­ eth, and after the les­ see for lyfe dyeth, nowe the eldest sonne onely of Iohn Stile shall haue this lande, for hee is right heire, & that is a good name of purchase 37. H. 8. is Master Brooke titulo Done & Remaynder 42. But if the landes had bin giuen to Iohn Stile for life, the re­ mainder to hys next heire male, this had bin as estate tayle in Iohn Stile him selfe, and then the lande shoulde haue discen­ ded to al his sonnes, in so much as in that case the wordes (next heire male) bee not a name of purchase. Howebeit yt was greatly doubted 3. & 4. Ph. & Ma. (as Ius­ tice Dalison reporteth) if a remainder be de­ uised by testament (to the next heire male) whether in that case the eldest brother one­ ly shall haue it, in so much as (in the vnderstanding of the lawe, which is a iudge ouer al customes) he is the next heire male and therefore inquire of it. As touchinge vou­ chers, it appeareth 11. E. 4. that al the heirs in gauelkind shal bee vouched for the war­ ranty of their aunces­ tor, and not the eldest onely. But the opiny­ on of master Littleton li. 3. cap. 13. and of the Iustices 22. E. 4. is clere that the eldest sonne onely shall bee rebutted, or barred by the warranty of the auncestor: to be short, the eldest sonne onely shal enter for the breach of a condition, but the rest of the brethren shall be ioined with him in suinge a writt of attaint to reforme a false verdict, or Er­ rour, to reuerse an er­ ronious iudgement, And they all shall bee charged for the debt of their auncestor, if so be that they all haue assets in their hands. But if the eldest onely haue assets remaining, and the residue haue alie­ ned their parts, then he onely shal be char­ ged after the minde of the booke 11. E. 3. &c. And thus muche for this parte shall suffice. Now a worde or two of other thinges confusedly, yet apper­ taininge to this mat­ ter, notwithstandinge not so necessarie for your purpose to bee knowen as those a­ foresaid. It appeareth in a written report at large or 16. Edwarde 2. which is also part­ lye abridged by mas­ ter Fitzherbert titulo Prescription, that it was tried by verdicte that no man ought to haue common in lands of Gauelkinde, how beit the contrarye is well knowen at this day, and that in ma­ nye places the same booke saieth, that the v­ sage of gauelkinde is, that a man may law­ fully inchase, or driue out into the high way to their aduenture, the beasts of anye other person that he shal find doinge dammage in his land, and that hee is not compellable to impound them, which thinge is practised at this day. The parliament 15. Henrici sexti cap. 3. mindinge to amplifie the priuiledges of ga­ uelkind, graunted to the tenants of that land, exemption in at­ taints, in such sort as the inhabitaunts of auncyent demeane, & of the fiue ports, bee­ fore had: But with in three yeares after vppon complaint of some of the Countrye which enformed the parliament house that there was not in the whole Shire thirtye or forty persons, that hold to the value of xx. pounde lande, out of Gauelkinde, who is default of others, and by reason of that ex­ emption, were conti­ nually molested by re­ turnes in Attaintes, that act was vtterlye repealed. The statute 14. H. 8. cap. 6. giueth liber­ tie to euery man) ha­ uinge highwaye in the welde that is worne deepe, and incommo­ dious for passage) to lay out an other way in some suche other place of hys lande, as shal be thought made by the viewe of two Iustices of the peace, and twelue other men of wisdome and discre­ tion. The generall lawe, made 35. H. 8. 17. for the preseruatyon of Copises woods tho­ rough out the realme, maketh plain excepti­ on of al woods within this weald, vnlesse it be of such as be common And here an ende of this matter; sauing that I will make master Littletons aunswere to such as happely wil demaund what reason this custome of gauel­ kind discent hath, thus to deuide land among al the males contrary to the manner of the whole Realme besids: The yonger sonnes (saieth hee) be as good gentlemen as the el­ der, and they (beinge a like deere to theyr common auncestour, from whom they claim) haue so much the more neede of their frendes helpe as thorough their minoritye) they be lesse able then the elder brother to helpe them selues. ¶ Gelde. GElde, that is to be quite of seruile cus­ tomes whiche were wont to bee geeuen, and are yet geeuen, as hornegeld and such lyke. ¶ Grithbrech. GRithbrech, that ys the kings peace bro­ ken, because (Grith) in english is pax in latin. ¶ Hangewite. HAngwit, that is to be quite of a theefe or felone hanged without iudgement, or escaped out of your custody. ¶ Hariot. HAriot is in two sortes, the one ha­ riot custome, the other hariot seruice. Hariot seruice (some say) is alwaies expres­ sed in a mans graunt, or dede that he holdeth by such seruice to pay hariot at the time of his death, and this ha­ riot is payable after the death of the tenant in fee simple. Hariot custome, ys where Hariotes haue bene payed tyme out of mynde by custome. And this may be af­ ter the death of te­ naunt for life &c. but to speake thereof ge­ nerally. Hariot is the best beast (whether it bee Horse, Oxe, or Cow) that the tenaunt had at the tyme of hys death. And may bee eyther seysed, or a distresse taken for it, whether it bee hariot seruice, or hariot cus­ tome, to the Lords vse of whom the tenaunt held, by his Bailife, or other officer belonginge to his manor. But of right the lord, nor his officer shoulde not take hariot before it be presented at the next court holden, that the tenant is dead, and that such a beast is due to the Lorde for hys hariot. ¶ Haybote or hedgebote HAybote or hedgbot is necessarie, stuffe to make & mend hed­ ges, which lessee for yeres, or for life of com­ mon right may take vpon the ground to him leased, although it bee not expressed in his lease, & although it be a leas by words with out writinge. Hayebote also may bee taken for neces­ sarye stuffe, to make Rakes, forkes, and suche like Instru­ mentes where with men vse in sommer to tedde and make haye: & so a lessee for yeres tooke, and it was al­ lowed hym by his lei­ sor, the rather as I suppose, for that such instruments are com­ monly made of slender vnder wood, which by the common lawe the lessee for yeares maye cutte and take as is aforesaid. ¶ Hidage. HIdage, that is to bee quit, if the king shal taxe al the lande by hides. Note that a hide of land is a whole plow­ lande. And this kind of taxinge by hides was much vsed in olde tyme, as wel for prouision of armoure, as payementes of mo­ ney, and that chefe­ ly in king Etheldreds daies (a kinge in this Countrey before the conquest) who in the yeare of Christ 1006. when as the Danes landed at Sandwich in Kent, taxed al hys land by hides thus. That euery 310 hides of lande should finde one ship fornished, and euery 8. hides shoulde finde one Iacke & one sallet, for the defence of the realme. ¶ Hotchpot. HOtchpot, is a med­ linge, or mixinge together, and a parti­ cion of lands giuen in frankmariage, with other lands in fee sim­ ple discended, as for example, a man seised of 30. acres of lande in fee simple hath issu ij. daughters, and giueth with on of his daughters to a man that marieth her x. acres of the same land in frankemarry­ age, and dieth seised of the other 20. acres: Now if she that is thus maried wil haue any part of the xx. a­ cres whereof her fa­ ther died seised: Shee must put her landes geuen in frankemar­ riage in hotchpot, that is to say, she must re­ fuse that gift in frank­ marriage, and suffer the land to be commixt and mingled together with the other lande whereof her father di­ ed seised, so that an e­ qual diuision may bee made of the whole be­ twene her and her sis­ ter: and thus for her x. acres she shal haue xv. els her Sister wil haue the xx. acres, of which their father di­ ed seised. ¶ Homesoken. HOme soken (or hame soken) that is to bee to be quite of amercia­ ments for entring into houses violently and without licence, and contrarie to the peace of the king. And that you holde plea of such trespasse done in your Court, and in your lande. ¶ Homicide or Man­ slaughter. HOmicide or Man­ slaughter, is the kil­ ling of a man felonious­ ly without malice for­ thought. It is also de­ fined thus. Homicide is the killing of a man by a man, & if such killing be done by a dogge, oxe or other thinge, it is not properly called ho­ micide: for it is called homicide of a man & to kil as the killing of a man. ¶ Hornegelde. HOrnegeld, that is to be quite of a cer­ teine custome exacted by tailage thorow all the lande, as of what soeuer horne beast. ¶ Housebote. HOusebote is neces­ sarie tymber, that the lessee for yeres, or for lyfe, of common right may take vppon the ground, to repaire the houses vppon the same ground to hym leased, although it bee not expressed in the leas. & although it be a leas, by words without deede. But if hee take more then is needefull, hee may be punished by an action of wast. ¶ Hundred. HVndredes weare deuided by Alfred the king, after that he had deuided the whole Realme into certeine partes or Sections, which of the Saxon woord Scynan signify­ ing to cut, he termed Shires, or (as we yet speake,) Shares and portions. These shi­ res he also brake into smaller partes, where of some were called Lathes of the woorde Ielapian, which is to assemble together: o­ thers Tithings so na­ med, because there were in ech of them to the number of x. per­ sons, whereof eche one was suertie & pledge for others good abea­ ring: others hundreds because they conteined iurisdyction ouer an hundred men or pled­ ges, dwelling perad­ uenture in ij. or iij. or more Parishes, Bo­ roughes, or townes, lying & adioyning ne­ uerthelesse somewhat nere together, in which he appointed adminis­ tration of iustice to be exercysed seuerally a­ monge them of the same hundred, and not that one should runne out disorderly into an o­ thers hundred, lath, or tithing, where in hee dwelleth not. These hundredes continue to this day in force, al­ though not altogether to the same purpose, whereunto at the first they were appointed, yet still verie needeful both in time of peace for good order of go­ uernment diuers waies & also in warre for cer­ teintie of leuying of men: as els for the more readie collectyons of paymentes graunted in Parliament to the kinges & Queenes of this Realme. ¶ Hundredum. HVndredum, that is to be quyte of mo­ ney or customes to bee done to the Gouer­ nors & hundredors. ¶ Ideot. IDeot is he that is a foole naturally from his byrth, and know­ eth not how to accompt or number xx. pence, nor cannot name hys father or mother, nor of what age himselfe is, or such like easie & common matters: so that it appeareth hee hath no maner of vn­ derstanding of reason, nor gouernement of him selfe, what is for his profit or disprofite &c. But if he haue so much knowledge that he can read, or learn to read by instruction & information of others or can measure an Ell of cloth, or name the dayes in the weeke, or begette a chylde, sonne or daughter, or suche lyke, whereby it may appeare that hee hath some lyght of reason: then such a one is no Ideot na­ turally. ¶ Vnlawfull assemblie. VNlawful assemblie, is where people as­ semble them selues to­ gether to do some vn­ lawfull thing against the peace, although that they execute not their purpose in deede. ¶ Imparlance. IMparlance is when an action of det, tres­ passe, or such lyke ys brought against a man & after that the playn­ tif hath counted or de­ clared, the defendant prayeth the Court, that he may haue time to put in his aunswere, at another day in the same terme, or in the next terme following, this stay of aunswere is called imparlance. ¶ Imprisonment. IMprisonment is no other thing, but the restraint of a mans li­ bertie, whether it bee in the open fielde or in the Stockes, or cage, in the streats, or in a­ mans owne house as well as in the common gaole. And in all these places the partie so res­ trayned is said to bee a prysoner, so longe as he hath not his li­ bertie freely to go at all times whether hee will, without bayle, maynprise, or other aucthoritie. ¶ Infangethefe. INfangethefe, that is that theues taken within your demesne or fee conuycted of theftes, shalbe iudged in your Court. ¶ Information. INformation, for the Queene is that, which for a common person is called a de­ claration, and is not alwayes done directly by the Queene, or her Atturney, but rather by some other manne, who sueth or infour­ meth as well for the Queene, as for hym­ selfe vpon the breache of some penall law or statute, wherein a pe­ naltie is geeuen to the partie that wil sue for the same, but no acti­ on of debt to recouer it, then it must be had by information. ¶ Iointure. IOinture is an estate and assurance made to a woman in consy­ deration of marryage for terme of her life, or otherwise, whether it be before or after the mariage. And if it bee after the maryage, then she may at her libertie after the death of her husband refuse to take or haue the landes so assured for her ioyn­ ture, & demaunde her dower at the common law. But if it be made before mariage, then she may not refuse such iointure, nor haue do­ wer according to the common ley, vnlesse that when she bringeth her writ of dower, the de­ fendant pleadeth such a plee that wil not barre her of her dower: then she shalbee endowed. As if he say in barre, that her husband was not sesed of such estate whereof she might bee endowed, or any such plee, & doth not shew that she hath a iointure made &c. and therefore de­ maunde iudgement of that action, or iudge­ ment if she shalbe also endowed, or any such like plea &c. and this was the opinion of the right worshipful ma­ ster Brograue at hys readinge in Grayes Inne in Sommer An­ no 1576. 18. Elizab. vppon a braunch of the statute made An­ no 27. H. 8. ca. 10. con­ cerning iointures and dowers. And by him of those things whereof a wo­ man may be endowed, shee may haue ioyn­ ture as of mynes, ves­ turam terre, woodes, Townes, Iles, mea­ dowes, and such like. Also if an aduowson, of a reuersion depen­ dinge vppon an estate for lyfe, of a windmil, a high chamber, a rec­ torie and such other, and they are called te­ nementes. Also of a villen, for he is an he­ reditament. And of al these profit may come to the woman. But of those things whereof no profit will come, but rather a charge, a ioynture cannot be made. ¶ Theft. THeft is a deceipt­ ful taking away of an other mans goods, but not from his per­ son, wyth a minde to steale them, agaynst his will whose goods they were. And theft is in two sortes, the one so called simple, and the other pety or lit­ tle theft. The first is where the thynge stollen ex­ ceedeth the value of xij. d. and that is fe­ lonye. The other¶ (which is called little or petite theft) is where the thing stollen doth not exceed the value of xij. d. & that is no felony. ¶ Lastage. LAstage, that is to bee quite of a cer­ teyne custome exac­ ted in faires and mar­ kets for caryinge of thinges where a man will. ¶ Lessor and lessee. LEssor is hee that lesseth lands or te­ nementes to an other for terme of life, yeres or at will, and hee to whome the lease is made, is called les­ see. ¶ Leuant & couchant. LEuant, and Couc­ hant is sayd, when the beastes of Cattell of a straunger are come into an other mans grounde, and there haue remayned a certeyne good space of tyme, so long that they haue well fedde, and also rested them selues. ¶ *Wager of lawe. Wager of lawe, is when an action is brought agaynst one without especialtye she­ wed, or other matter of recorde, as an action of debt vpon contract, or detinue, then the defendaunt may wage his lawe, that is to say, sweare vppon a booke, and certaine per­ sons with him, that kn oweth nothing to the plaintife in manner & fourme as hee hath de­ clared. But in an acti­ on of debt vpon a leas for terme of yeares, or vpon the arrerages of accompt before au­ ditors assigned, a man shal not wage his law And when one shall bring with him vj. viij or xij. or his neighbors as the court shall as­ signe him to sweare with him. And if at that day assigned he faile of his lawe, then he shalbee condempned. ¶ Liuery of seisin. LIuery of seisin, is a ceremony vsed in conueyance of landes or tenementes where an estate in fee simple, fee taile, or a freeholde shal passe: and it is a testimonial of the wil­ ling departinge from al that which he who makes the liuery hath in the thinge whereof liuerie is made: And the receyuinge of the liuery, is a willing ac­ ceptance by the other party, of al that wher of the other hath dis­ missed him selfe: And was inuented as an open and notorious thinge, by meanes whereof the common people might haue knowledge of the pas­ singe or alteration of estates from man to man, that thereby they might be the better able to trie in whom the right and possessi­ on of lands and tene­ ments were, if they should be impanneled in Iuries, or other­ wise haue to doe con­ cerning the same. The common maner of deliuery of seisin is after this sort done: If it be in the open feeld where is no buil­ dinge or house, then one that can reade ta­ keth the writinge in his hand, if the estate shal passe by deed, & decla­ reth to the standers by the cause of their mee­ tinge there together &c. and then openlye readeth the deede in English, and after that it is sealed, the partye who is to depart from the ground, taketh the deed in his handes to­ gether with a clodde of the earthe, and a twigge or bowe if a­ ny be there, and all this he deliuereth to the other party in the name of possession or seisin, accordinge to the forme and effect of the deed, which before them was there reade. But if there be a dwelling house or building vp­ on the land, then this is done there at the doore of the same, none beeinge lefte at that tyme with in the House, and the par­ tye deliuereth all the aforesaide toogether with the ringe of the doore in the name of seisine or possession, and he that receiueth the liuerie entreth in first alone and shut­ teth too the doore, and presently openeth it againe, and lettethe them in &c. If it be of a house whereto is no land or ground, the li­ uerie is made and pos­ session taken by the deliuerie of the ringe of the doore and deed one­ ly. And where it is without deed either of lands, or tenementes, there the party decla­ reth by word of mouth before wittnesse, the estate that he meaneth to depart with, and then deliuereth seisine or possession in maner as is before said: & so the land or tenement doth passe as wel wher there is no deede as by deed, and that by force of the lyuerye of sei­ sine: It was agreed in Grayes Inne by the right worshipfull master Snagge, at his readinge there in som­ mer an. 2574. that if a feoffour deliuer the deede in view of the land, in name of seisin that it is good, because that he hath a possessi­ on in him selfe. But otherwise it is of an atturney, for he must goe to the land, and take possession him self before that hee can geue possession to an other, accordinge to the words of his letter &c., And where lyuerye of sei­ sin is by viewe, if the feoffee doe not enter after &c. nothinge passeth, for he ought to enter indeede. ¶ Lotherwite. LOtherwite, that is that you maye take amendes of him which doth defile your bondwoman without your licence. ¶ Mahim, or Maime. MAhim, is where a­ ny member is hurt or taken away, where­ by the partye so hurt is made vnperfecte to fight: As if a bone bee taken out of the hedde: or a bone bee broken in any other part of the bodye: or a foote, or hande, or finger, or ioynte of a foote, or any member be cut: or by some wound the sinewes be made to shrinke, or other member, or the fin­ gers made crooked, or if an eye be put out, or the foreteeth broken, or any other thinge hurt in a mans bodye by meanes whereof hee is made the lesse able to defende hym selfe. But the cutting off of an eare, or nose, or breaking of the hinder teeth, or such like, is no maihim, because it is rather a deformity of the body, then dimi­ nishinge of strength. And if the Iustices stande in doubt whe­ ther the hurt be a mai­ him or not, they vse, & wil of their great dis­ cretion take the helpe and opinion of some skilfull Surgeon, to consider thereof, before they determine vppon the case. ¶ Mainprise. MAinprise is when a man is arres­ ted by capias, then the Iudges may delyuer his bodye to certeyne menne for to keepe and to bringe him beefore them, at a certaine day, and these bee called maynper­ nours, and if the par­ tye appeare not at the day assigned, the main­ pernors shal be amer­ ced. ¶ Mannour. MAnnour, is a thing compounde of dy­ uers thinges, as of a house, lande arrable, pasture, meadowe, woode, rent, auow­ son, court baron, and such like make a man­ nor, and this ought to be by long continuance of time, to the contra­ rie whereof mans me­ mory cannot tell, for at this day a mannor cannot be made, because a court baron cannot nowe be made, and a manner cannot be with­ out a court baron, and suters, or freeholders, two at the least, for if all the freeholdes ex­ cept one eschete to the lord, or if he purchase al except one, there his manor is gone, for that it cannot be a manor without a court Baron (as is aforesaid) & a court ba­ ron cannot be holden but before sutors, and not before one suter, & therefore where but one freeholde or free­ holder is, there cannot be a mannor. ¶ Manumission MAnumission is in ij. sorts, the one is a manumission expres­ sed, the other a manu­ mission implyed or se­ create. Manumission ex­ pressed is when the lord maketh a deede to hys villein to enfraunches him by this word (Ma­ numittere) which is as much to say as to let one goe out of an o­ ther mans handes or power. The manner of ma­ numitting or infran­ chisinge in olde time moste vsually was thus. The Lorde (in presence of his neigh­ bors) toke the bonde man by the heade say­ ing, I will that thys man be free, and there­ with shewed him for­ ward out of his hands, & by this he was free without any more a do. Manumission im­ plyed without thys worde (Manumittere) is when the lord maketh an obligation to hys villein to pay him mo­ ney at a certein day, or sueth him where hee might enter without sute, or graunteth vn­ to his villein an annu­ ity, or lesseth lande to hym by deede for yeres or for life, and in diuers such like cases, the villein thereby is made free. ¶ Maximes. MAximes bee the foundations of the law, and the conclusi­ ons of reason, and are causes efficient, & cer­ tein vniuersal propo­ sitions so sure and per­ fect that they may not be at any time impea­ ched or impugned, but ought alwayes to bee obserued and holden as strong principalles and aucthorities of them selues although they cannot be proued by force of argument or demonstrations logi­ cal, but are knowen by enduction by the way of sence and memory. As for example, it is a maxime that if a man haue issue ij. sonnes by dyuers women, and the one of them purchase landes in fee and dyeth wythout issue, the other bro­ ther shall neuer be is heire &c. Also it is an other maxime that lands shal discend from the father to the sonne, but not from the sonne to the father for that is an ascention &c. & diuers such like there be. ¶ Maynour. MAynour is when a theefe hath sto­ len, and is followed wyth hue and crye, and taken, hauinge that founde about him which he stole, that is called the maynour. And so we common­ lye vse to saye when we finde one doing of an vnlawfull act, that wee tooke him wyth the mainour, or man­ ner. ¶ Misprision. MIsprision, is when on knoweth that another hath committed treason or felony, and wil not discouer him to the Q or to her Councell or to any Magistrate, but doth conceale the same. A Chaplein had fixed an olde seale of a pa­ tent to a new patent of Non residence, and thys was holden to be a Misprision of trea­ son onelye, and no counterfayting of the Queenes seale. Also if a man know money to be counter­ fait, & bring the same out of Ireland hither into England, & vtter it in payment, thys is but misprision of trea­ son, & no Treason, & so it is in dyuers such lyke cases. And in all cases of misprision of Treason the party offendor shal forfait his goodes for euer, and the profites of his landes for terme of hys life, and hys bodie to pryson at the Queenes pleasure. And for Misprision of felonie trespasse, the offendour shal bee committed to pryson vntil hee haue founde suerties or pledges for his true, which shalbee assessed by the discretion of the Iustices before whom he was conuict. And note that in e­ uery Treason or fe­ lonie is included mis­ prision. & where any harm committed trea­ son or felony, the Q. may cause the same to be indicted & arrayned but of Misprision on­ ly if she will ¶ Shewing of deedes. or Recordes. SHewinge of deedes or recordes, is as if for example, an action of dette be brought a­ gainst one vpon an ob­ ligation, or by executors &c. there after that the plaintif hath declared, he ought to shew hys obligation, or the exe­ cutor the testament to the court, and so it is of Recordes. And the diuersitie betwene shewinge of deedes or Recordes, & hearing of deedes or recordes, is thus, he that pleads the deede or re­ cord, or declares vpon it. to him it doth ap­ pertaine to shew the same. And the other a­ gainst whom such dede or record is pleaded or declared, & is thereby to be charged, may de­ maunde hearing of the same deede or recorde, which his aduersarie bringeth or pleadeth against him. ¶ Mortgage or Morgage. MOrtgage or Mor­ gage, is when a man maketh a feoffement to another on such con­ dicion that if the feffor pay to the feoffee at a certeine day xl. ii. of money, that then the feoffor may reenter &c., in this case the feoffee is called tenant in mor­ gage. And as a man may make a feoffement in fee in Morgage, so he may make a gift in taile, or a lease for terme of lyfe, or for terme of yeres in mor­ gage. And it seemeth that the cause why it is called Mortgage, is for that it standeth in doubt, whether the feoffor will pay the mo­ ney at the day appoin­ ted or not, & if he faile to pay, then the lande which he laied in gage vpon condicion of pai­ ment of the money, is gon from him for euer & so dead to him vpon condicion: but if he pay the money, then is the gage dead as to the te­ nant, that is to say, the feoffee, & for this cause it is called in Latine Mortuum vadium, as master Littleton saieth, or rather mortuum vas, as I thinke. ¶ Mortmaine. MOrtmayne was when lands were geeuen to a house of religion, or to a com­ pany which be corpo­ rate by the Kinges graunt, then the land is come into mortmain that is to say in Eng­ lish a dead hand, & the kinge or the Lorde of whom the lande is holden may enter into them. ¶ Mulier. MUlier, is a woorde vsed in our lawe, but how aptly I can­ not tell, nor do well know howe it should come in that sence as we there take it: For according to the pro­ per signification. Mu­ lier is a defiled woman lyke as it is vsed by Vlpianus, in a cer­ teine place after thys sort. If I thought that I had bought a Vir­ gine, when it was a defyled woman, the bargain was not good, Hereby you may see, that Mulier is a woman that hath had the companie of a man. But to leaue the right signification. Mulier is taken in our law for one that is law­ fully begotten & borne: & is alwaies vsed in comparison with a bas­ tarde, onely to shew a difference beetwene them, as thus for ex­ ample. A man hath a sonne by a woman be­ fore mariage, that is called a bastarde, and vnlawfull. And after they entermarie and haue an other sonne, this ij. sonne is called Mulier, that is to say lawfull, and shalbee heire to hys father: but that other cannot be heire to any man, because it is not kno­ wen nor certein in the iudgement of the law, who was his father, and for that cause is saide to bee no manes sonne, or the sonne of the people, and so without father, ac­ cordinge to thys olde Verse. To whom the people father is, to him is fa­ ther none and all. To whom the peo­ ple father is, well fa­ therlesse wee may him call. And alwayes you shall finde this addi­ tion to them, (Bas­ terd eldest, & mulier yongest) when they bee compared toge­ ther. ¶ Murder. MVrder is a wil­ ful killinge of a man vpon ma­ lice forethought and seemeth to come of the Saxon word Mordren which so signifieth: & Mordridus, is the mur­ derer euen vntil this day amonge them in Saxonie, from whence wee haue most of our wordes as hath bene often said. ¶ Negatiua preignans. NEgatiua pregnans is when an acty­ on, or information, or such like is brought against one, and the defendant pleadeth in barre of the action, or otherwise, a negatiue plea which is not so speciall an aunswere to the actyon, but that it includeth also an Affyrmatiue. As for example: If hee in reuersion enter vppon tenant for life suppo­ singe that hee hath a­ liened in fee (which is a forfaiture of his estate) and the te­ naunt for life sayeth that hee hath not ali­ ened in fee, this is a negatiue wherin is in­ cluded an affirmatiue: for althoughe it bee true, that he hath not alyened in fee: yet it may be that hee hath made an estate in taile (which is also a for­ faiture) and then the entrie of him in the re­ uersion is lawfull &c. Also in a Quare impe­ dit the Queene makes tytle to present to a Prebend for that the Temporalties of the Bishopricke were in her hands by the deth of W. late Bishop &c. The defendant saieth that it was not voide being the temporairies in the queens hands by the death of W. this is a negatiue preignans, for it may bee in the queens hands other­ wise then by the deathe of W. and it suffiseth the queene if it bee in her handes by anye meanes &c. So it is where an Information was brought in the escheker against I. Stile, for that hee bought wool betwene shering time & the as­ sumption, such a yeare of Iohn N. The de­ fendant saith that hee did not buy any of I. N. as it is alledged &c. this is called a ne­ gatiue preignans, for if he bought it of any other, yet he is culpa­ ble for the buyinge. ¶ Niefe. NIefe is a woman that is bonde, or a villen woman, but if shee marie a free man she as thereby made free for euer (although that her husband dye and she suruiue him) because that she and her husband ar but one person in law, and she ought to be of the same nature and condition in lawe to al intents that her husbande is. But her husbande is free to al intents without any condition in lawe or otherwise, and so by consequens the wife ought to be, and is free accordinge to the na­ ture of her fre husband & then if she were once free and clerelye dis­ charged of bondage to al entents, she can not be niefe after without especiall acte done by her, as diuorce, or con­ fession in court of re­ cord, and that is in fa­ uor of liberty, & there­ fore a free woman shal not be bound by taking of a villen to her husband But their issue shalbe villeines as their fa­ ther was, which is contrary to the Ciuile law, for there it is said the birth followeth the belly. Bondage or vil­ lenage had beginning among the Hebrewes & his original procee­ ding of Canaan the sonne of Cham, who because that he had mocked his father Noe to scorne, lying desolutely when he was drunke, was punished in hys sonne Chanaan with penal­ tie of bondage. ¶ Nihil dicit. NIhil dicit, is when an action is brought against a man, and the defendant appeares, the plaintife declares, and the def. will not aun­ swere, or pledes to the action, & doth not main­ tain his ple, but makes defaut, now vpon this defaut, he shalbe con­ dempned, because hee sayeth nothing. ¶ Nomination. NOmination, ys where one may in right of his manor or otherwise, nominate and appoint a worthy clerke or man to a par­ sonage, vicarage, or such like spirituall promocion. ¶ Nonabilitie. NOnabilitie, ys where an action is brought against one, & the defendaunt sayeth that the plaintife is not able to sue any actyon & demaundeth iudge­ ment if he shalbe aun­ swered. There are vj. causes of nonabilitie in the plaintife, as if he be an outlaw, or an alien borne, but that disability is in actions reales and mixt onely and not in actyons personalles, except hee bee an alien ene­ mye, or condempned in premunire, or pro­ fessed in religion, that is to saye, the Romish religion, or accursed, or a villen and sueth hys Lorde, but this last is noe ple for an other that is not lord to the villen. ¶ Bare, or naked contract. BAre Contract, or naked promise, is where a man bargay­ neth or selleth hys lands, or goods, or pro­ miseth to geeue to one money, or a horse, or to buylde a house, or doe such a thing at such a day, & there is no recom­ pence appoynted to him for the doing there­ of. As if one say to an other I sel or geeue to you al my lands or goodz And there is nothing appointed, assigned, or agreed vpon, what the other shal geeue or pay for it, so that there is not one thing for ano­ ther, this is a naked contract, and voyde in law, & for not perfor­ mance therof no action lieth, for of a naked con­ tract cometh no action. ¶ Oredelfe. ORedelfe is where one claimes to haue the ore that is founde in his soile or ground. ¶ Outfangthiefe. OVtfangthiefe, that is, that theues or fe­ lones of your lande, or fee, out of your land, or fee taken with felonie or a stealinge, shalbee brought backe to your Court, and there iudged. ¶ Oweltie. OWeltie, is when there is Lord, mes­ ne, and tenant, and the tenant holdeth of the meine by the same ser­ uices, that the mesne holdeth ouer of the lord aboue him. As if the tenant hold of the mes­ ne by homage, fealtie & xx. s. of rent yerely, and the mesne hol­ deth ouer of the Lord aboue by homage, fe­ altie, and xx shyl­ lynges rent also, this is called Owelty of seruices. ¶ Hearing of Recordes and deedes &c. HEaring of records and deedes is, if for example, an action of det be brought against a man vpon an obliga­ tion, & the defendaunt appeares to the action, & then prayeth that he may heare the obliga­ tion where with the plaintif chargeth him. So it is when as executors bring an ac­ tion of det, & the defen­ dant demaundeth to heare the testament, vp­ pon this demaunde it shalbee reade vnto the defendaunt. But if it bee in ann other terme or after that the defendaunt hath imparled, then he shal not heare it. And so as is sayde of deedes, is to bee vnderstoode of recordes that are alleaged against him. ¶ Pape. PApe is an auncyent name falsely arro­ gated, or proudly v­ surped by the By­ shop of the onely Ci­ tle of Roome in Ita­ lie, and is common­ ly Englished the Pope, a name truely much frequented in our an­ cient yeare books, spe­ cially in the times of those kinges, who to much abandoning their imperiall auctoritye, and abasinge them selues far beneth their estate, were not asha­ med to suffer an alyen and outlandish Bis­ shoppe, that dwelt a­ boue fiftene hundrede miles from them, to be soueraigne ouer them in theyr owne domy­ nions, and to take from them not onelye the disposition of certeine small trifles of none accompte, but also the nominacion of Arch­ bishoppes, Bishopps, Abbots, Deanes, pro­ uosts, appropriations of benefices, presenta­ tions to personages, vicarages, and gene­ rally of all spirituall persons to their prefer­ ments sometimes by lapse, and sometymes otherwise wherebye the kinges princelye Prerogatiue was ve­ rye muche abridged within their owne Realmes. ¶ Partition. PArtition is a deuy­ dinge of landes dis­ cended by the common lawe, or by custome amonge coheires or parceners wher there be ij. at the least whe­ ther they bee sonnes, daughters, sisters auntz or otherwise of kinne to the auncestor from whom the land discen­ ded to them. And this particy­ on is made iiij. waies for the most part, whereof three are at pleasure and by agree­ ment amonge them, the fourth is by com­ pulsion. One partition by a­ greement is when they them selues deuide the lande equally into so many partes, as there bee of them coparce­ ners, and each to chose one share or parte, the eldest first, and so the one after other, as they bee of age, except that the eldest by con­ sent make the partici­ on, then the choice be­ longeth to the next, & so to the eldest last, according as it is said Who so maketh the partition, the other must haue the choice. An other partition by agreement is when they choose certain of their frends to make diuision for them. The thirde partici­ on by agreement is by drawing of lots thus: first to deuide the land into so many parts as there bee parceners, then to writt euerye parte seuerrallye in a little scrole, or peece of paper or parchment and to put the same scrolles vp close into a hate, capp, or other such like thinge, and then ech parcener, one after an other as they bee of age to drawe out thereof one peece or scrolle wherein is written a part of the lande which by this drawinge is now se­ ueralye alotted vnto them in fee simple. The fowereth par­ tition which is by com­ pulsion is when one or some of the copar­ ceners would haue partition and other some will not agree thereto, then they that so would haue parti­ cion may bring a writ de particione facienda a­ gainst the others that would not make par­ tition, by vertu wher of they shal be compel­ led to depart &c. Wee in Kent (Brother Nicholas (where the landes are of Gauel­ kinde nature, cal at this day our particy­ on Shifting euen the very same word that the Saxons vsed nam­ ly (Shiftan) which signi­ fieth to make particion betwene coheires, and to assigne to eache of them their portion, in latyn it is called Her­ ciscere. ¶ Parties. PArties to a fine, or deede, are those that leuy the same fine, and also they to whom the fine is leuied: And they that make a deede of feoffement, and they to whom it is made are called parties to the deede, & so in any other like cases. ¶ Patron. PAtron is he that hath a personage, vyca­ rage, free chappell, or such like spiritual pro­ motion belonging to his mannor, and may or ought to giue the same benefice when and as often as it fal­ leth voyde. And thys being patron, or patro­ nage had beginninge for the most part by one of these iij. waies, namely eyther by rea­ son of the foundaty­ on, for that the patron or hys auncestours, or those from whom hee claymes were foun­ ders or buylders of the Churche, or by reason of Dotation, for that they did en­ dowe or geue landes to the same for main­ tenaunce thereof, or els by reason of the grounde because the Churche was set or builded vpon their soile or grounde: and many times by reason of the al three. ¶ Perquisites. PErquisites are ad­ uauntages and pro­ fittes that come to a mannor by casualty, & not yearely: as Es­ cheates, Hariotes, Relyefes, wayfes, strayes forfaytures, amercements in courts, wardes, maryages, goods and landes pur­ chases by villaines of the same mannor, and diuers such like things that are not certeine but happen by chaun­ ce, sometymes more often then at other tymes. ¶ Plaintife. PLayntife is hee that sueth or com­ playneth in an assyse or in an actyon per­ sonall, as in an acti­ on of det, trespas, dis­ ceyt, detinue, and such other. ¶ Pleading. PLeadinge is that which commeth after the count, namly that which is contained in the barre, replication, and reioinder, and not that contayned in the count it selfe, & there­ fore defaultes in the matter of the Count are not comprised within mispleading, or insuf­ ficient pleadinge, nor are remedied by the sta­ tute of Ieofailes: But only that mispleading, or insufficyent plea­ ding, committed in the barre, replication, and reioinder, are there prouided for. ¶ Pound. POundes are in two sorts, the one pounds open, the other pounds close. Pounde open, is euery place wherein a distresse is put, whe­ ther it bee common pounde such as are in euery towne or lorde­ ship, or whether it bee backside, Court, yard, pasture, or els what­ soeuer, whether the owner of the distresse may come to geue them meate & drinke with­ out offence for their being there, or his com­ ming thither. Pound Close is such a place, where the ow­ ner of the distresse may not come to geue them meat and drinke, with out offence, as in a close house, or whatso­ euer els place. ¶ Possession. POssession is said two wayes, eyther actu­ all possession, or posses­ sion in law. Actuall possession, is when a man entreth in deede into landes or tenements to him dis­ cended, or otherwise. Possession in lawe is when landes or tene­ ments are discended to a man, and he hath not as yet really, ac­ tually, and in deede en­ tred into them. And it is called possession in lawe, because that in the eye, and considera­ tion of the lawe, hee is deemed to be in pos­ session, for asmuch as he is tenaunt to euery mans action that will sue concernynge the same landes, or tene­ ments. ¶ Preamble. PReamble taketh his name of the preposi­ tion (Pre) before, and ther verbe (Ambulo) to goe, so ioyned toge­ ther, they make a com­ pounde verbe of the first coniugation (Pre­ ambulo) to go before, & hereof the first parte or beginning of an act, is called the preamble of the act, which pre­ amble is a key to open the mindes of the ma­ kers of the acte, & the mischiefes that they intende to remedy by the same, as for exam­ ple the statute made at Westminster the first, the 37. chapter which giueth an attaint, the pre­ amble of which is thus. For asmuch as certein people of this realme, dout very little to giue false verdicts or othes, which they ought not to do, whereby many people are disherited & lose their right, it is prouided &c. ¶ Prescription. PRescription is when one hath had or v­ sed any thinges sithe the time whereof no minde is to the con­ trary. ¶ Presentment. PResentment is when a man which hath right to geeue a bene­ fice spirituall nameth the person to whome he wil giue it, and ma­ keth a writing to the Bishop for him, that is a presentation or presentment. ¶ Pretensed right or Title. PRetensed right or title is where one is in possession of lands, or tenementes, and an other who is out of possession, claimeth it, or sueth for it. Nowe the pretensed right or title is sayde in him, whoe so doth sue or claim. And if he after­ ward come to the pos­ session of the same lands, or tenements, his right or title is extincte, or suspended in the land. ¶ Priuie or Priuitie, and Priuies. PRiuie, or priuity is wher a lease is made to holde at will, for yeres, for life, or a fef­ fement in fee, & in dy­ uers other cases, now because of thys that hath passed betweene these parties, they are called priuies, in res­ pect of straungers be­ twene whom no such dealings, or conueian­ ces hath ben. Also if there be lord and tenaunt, and the tenaunt holdeth of the Lorde by certeyn ser­ uyce, there is a pri­ uitie betwene them be­ cause of the tenure, & if the tenaunt bee dissei­ sed by a straunger, there is no priuity betwene the disseisor & the lord, but the priuity stil re­ maineth betwene the Lord and the tenaunt that is disseysed, and the Lord shall auowe vpon him, for that hee is his tenant in right and in the iudgement of the lawe, Priuies are in diuers sorts, as namely priuies in es­ tate, priuies in deede, priuies in law, priuies in right, and priuies in blood. Priuies in estate is where a lease is made of the manor of dale to A. for life, the remain­ der to B. in fee, there both A. and B. are pri­ uies in estate, for their estates were bothe made at one time. And so is it in the first case heare where a lease is made at will, for life or yeares or a feoffe­ ment in fee, the lessees or feffees, are called priuies in estate, and soe are their heires &c. Priuies in deed is where a lease is made for life, and afterward by an other deede the reuersion is graunted to a straunger in fee, thys grauntee of the reuersion is called pryuie in deede, bee­ cause that he hath the reuersion by deede. Priuie in lawe is where there is Lord & tenant, the tenant les­ seth the tenauncy for life and dieth without heire, & the reuersion escheates to the lorde, he is said priuy in law beecause that he hath his estate onely by the lawe, that is to say by escheate. Priuie in ryght, is where on possessed of a terme for yeres, grants his estate to another vpon condicion, and maketh his executors & dyeth, now these ex­ ecutors are priuies in right, for if the condi­ cion be broken, & they enter into the lande, they shal haue it in the right of their testator, & to his vse. Priuie of bloode is the heire of the feoffor or donor &c. Also if a fine bee le­ uied, the heires of him that leuyeth the fine are called priuies. ¶ Priuiledges. PRiuiledges are ly­ berties and fraun­ chises graunted to an Office, place, towne, or mannour, by the Queenes great char­ ter, letters patentes, or acte of Parliament, as Tolle, sake, socke, Infangtheefe, Out­ fangtheefe, Turne tolle, Oredelfe, and dyuers such lyke, for which looke in theyr proper titles and pla­ ces. ¶ Next friende. NExt friende and wardeine in So­ cage is all one, and is where a manne seysed of landes holden in Socage dyeth, hys is­ sue within age of 14. yeares, then the next friende, or next of kynne to whom the lands cannot come or discende, shall haue the keepynge of the heire, & of the land, to the onely vse of the heire, vntyll he come to the age of xiiij. yeres, & then at that yeres he may enter & put hym out. & bring him to ac­ compt: but in that ac­ compt he shalbe allo­ wed for all reasona­ ble costes & expences, bestowed eyther vpon the heire or his land. And the next friend or next of kynne to whom the inhery­ taunce cannot dys­ cende, is thus to bee vnderstoode: If the landes discende to the heyre from hys fa­ ther, or anye of the kynne of hys fathers side: then the mother, or other of the mo­ thers side, are called the next of kynne to whom the inheritance cannot dyscende, for before that it shal so dyscende, it shall ra­ ther Escheat to the Lorde of whom it is holden. And so it is to bee vnderstoode, where the landes came to the Heyre from hys Mother, or any of the kynne of hys mothers syde: Then the father or o­ ther of the fathers side, are called the next of kynne to whom the inheritaunce cannot discende: but shal ra­ ther escheat to the Lorde of whome it is holden. ¶ Protestation. PRotestation is a sa­ uinge to the partie (that so pleadeth by protestation) to bee concluded by any mat­ ter alledged or obiec­ ted against him, vpon which he cannot ioin issu: And is no other thing but an exclusion of the conclusion, for hee that taketh the protestation excludes the other party to con­ clude hym. And this protestatyon ought to stande wyth the se­ quele of the plee, & not to be repugnaunt, or otherwise contrary. ¶ Purchase. PUrchase is the pos­ session that a man hath in lands or tene­ ments by his owne act meanes or agreement, and not by title of dis­ cent, from any of hys auncestors. ¶ Quarentine. QUarentine, ys where a man dy­ eth seysed of a man­ nour, place, and other landes whereof hys wife ought to bee en­ dowed, then the wo­ man shal hold the ma­ nour place xl. dayes, within whiche tyme her dower shalbee as­ signed. But if shee marrie within the xl. dayes, she shall loose her quarentine. ¶ Fifteene. FIfteene, is a pay­ ment graunted in Parliament to the Queene, by the tem­ poraltie, namely the 15. part of their goods: And was vsed in aun­ cient time to be leuied vppon their cattel go­ yng in their grounds, which thynge was very troublesome, and therefore nowe for the most part, that way is alltered, and they vse to leuy the same by the yarde, or Acre or other measure of land By meanes where of it is now lesse trouble­ some, and more certen, then before it was. And euery towne and countrey doe knowe, what summe is to bee paied amonge them, & how the same shalbee raised. We read that Moyses was the first that did number the peo­ ple, for he numbred the Israelites, & therefore the first taxe, subsidye, tribute, or fiftene was inuented by him among the Hebrewes, as Po­ lidor Virgill dothe thinke. ¶ Regrator. REgrator is he that hath corne, vitails or other things suffi­ cient for hys owne necessarie neede, occu­ pation, or spending, & doth neuerthelesse en­ grosse and buy vp in­ to his handes more Corne, vittailes, or o­ ther such thinges, to the intent to sell the same again at a higher and deerer price, in Faires, Markets, or such like places. ¶ Reioynder. REioynder, is when the defendant ma­ keth aunswere to the Replication of the plaintife. And euery reioinder ought to haue these two properties speci­ ally, that is to say, it ought to be a sufficy­ ent aunswere to the Replication and also to follow and enforce the matter of the barre. ¶ Relyfe. RElife is sometims a certein some of money that the heire shal pay to the lord of whom those lands are holden, which after the decease of his aun­ cestour are to him dis­ cended as next heire: sometimes it is the paiement of an other thinge, and not mony: And therefore reliefe is not certaine, and a­ like for all tenures, but euery sundry te­ nure hath (for the most part) hys specyall Reliefe certaine in it selfe. Neyther is it to be paied alwaies at a certaine age, but vari­ eth there also accor­ dinge to the tenure. As if the tenant had lands holden by knights seruice (except great Sergeancy) and dye his heire being of full age, and helde his lande by the seruice of a whole knightes fee, the lorde of whom that landes are so holden shal haue of the heire C.s. in the name of reliefe, & if he held by lesse then a knightes fee, he shall pay lesse, & if more then more, hauinge respect alwaies to the rate for euery knightes fee an honored shillings. And if hee helde by Graunde Serieancye (which is alwayes of the Queene, and is also Knyghtes ser­ uice) thent he reliefe shall bee the value of the lande by the yere, beesides all charges is­ suing out of the same. Reliefe that the lord shall haue for landes holden in Socage, is so much more as the rent that the tenaunt holdeth his lande in Socage by, as if hee holde by a penny rent and dye, the lorde shal haue that penny rent, and a penny ouer for relife, of what age so­ euer the tenant be, at the death of his aun­ cestour. And note that in some cases the lord shall haue his reliefe immediatly after the death of his tenant, if it so be, that the time of the yere wil suffre the same to be gotten, as mony, corne, flesh, fish, spices, or any such like & for default of paye­ ment, the lorde maye therefore of common right presently distrein But in some ca­ ses the lord must stay for hys reliefe a cer­ taine time when neces­ sitye so constraineth. As if the tenant helde by a rose, a cherry, a strawberry, or such like and dye in winter, he shal not haue reliefe til roses, cherries, and straweberries are na­ turally fresh and ripe, which is about Mid­ somer, and then he shall haue one for rent, and an other for reliefe. There is an other kinde of reliefe that is paied after the death change, or alienation of freholders that hold in auncient demesne, and otherwise, and is paied as a knowledge of the tenure betwen the lord and the tenant. The same is not cer­ taine how much, but doth varye accordinge to the custome of the mannor, or tenure and is to be presented by the Homage or Su­ tors at the next court day of the same manor And note that al­ waies when the relief is due, it must be paid at one whole payment and not by partes, al­ though that the rent be to be paied at seue­ ral feastes. ¶ Remainder. REmainder of lande is the land that shal remaine after the par­ ticuler estate determi­ ned: As if one graunt land for terme of yeres or for lyfe, the re­ mainder to I.S. that is to say, that when the lease for yeres is deter­ mined, or lessee for life is dead, that then the land shal remain, shalbe, or abide, with, to, or in I.S. ¶ Replication. REplication is when the defendant in a­ ny action maketh an aunswere, & the plaintif maketh an aunswere to that, that is called the Replication of the plaintife. ¶ Reprises. REprises, are deduc­ tions, paymentes, and duities that goe yearely and are payed out of a mannor. As rent charge, rent secke, pencions, co­ rodies, annuities, and such lyke. .¶ Resceipt. REsceipt, is when an action is brought against the tenant for terme of life, or tenant for terme of yeares, and he in the reuersion commeth in and pray­ eth to be receyued to defende the land, and to pleade with the de­ maundant. And when he commeth it behoo­ ueth that he be alway readie to plede wyth the demaundant. ¶ Reseruation. REseruation, is ta­ ken diuers waies, and hath diuers na­ tures, as sometimes by way of exception to keepe that whych a man had before in him, as if a lease bee made for yeares of ground reseruing the great trees growyng vpon the same, now the lessee may not medle with them, nor wyth any thinge that com­ meth by reason of them so long as it abydeth in, or vpon the trees, as mast of Oke, chest­ nutt, apples, or such like, but if they fal from the trees to the ground, then they are in right the lessees, for the ground is let to him, & al there vpon not reserued &c. Sometimes a reser­ uation doth get and bring forth an other thing which was not before. As if a man lease his lands, reser­ uing yerely for the same xx. li. &c. And dyuers other such reseruati­ ons there be. And note that in auncient tyme, theyr reseruations were as wel (or for the more part) in vittaills, whether flesh, fishe, corne, bread, drinke, or what els, as in money vntil at the last, & that chefely in the Raigne of king H. the first by agreement, the reser­ uation of vittals was chaunged into ready money, as it hath hy­ therto since continued. ¶ Retraxit. REtraxit, is the pre­ terperfect tence of re­ traho, compound of Re and traho, which make Retraho, to pull backe. And is when the partie plaintife or demaundant commeth in proper person into the Court where hys plee is, and sayth that he wil not proceed any farder in the same &c. now this shalbe a barr to the action for euer. ¶ Reeue. REeue is an officer, but more knowen in auncient tyme then at this day. For al­ most euerie manor had then a Reeue, and yet still in many Copye holde manors (where the olde custome any thing preuayleth) the name and office is not altogether forgotten. And is in effect that which now euery bai­ life of a mannor prac­ tiseth: although the name of Bailife was not then in vre among vs being since brought in by the Normans: But the name of Reeue, auncyently called Ge­ reue, (which particle (Ge) in continuance of time was altogether left out and lost) came from the Saxon woord Geresa, which signyfi­ eth a ruler: And so in dede his rule & auctho­ ritie was large with­ in the compas of hys Lordes mannour and amonge his men and tenauntes as well in matters of gouerne­ ment in peace & warre, as in the skilfull vse and trade of husban­ dry: For as hee did ga­ ther his Lords rents, pay Reprises, or due­ tyes issuinge out of the mannor: set the seruauntes to worke, fell and cutt downe Trees to repaire the buildinges, and en­ closures, with dy­ uers such like for his Lordes commoditye: So also hee had auc­ thoritie to gouerne & keepe the tenaunts in peace, & if neede requi­ red, to leade the forth in warre. ¶ Reuersion. REuersion of lande. is a certeine estate remaininge in the les­ sor or donor, after the particuler estate & pos­ session conueyed to an other. And it is called a re­ uersion in respecte of the possession sepera­ ted from it: so that hee that hath the one hath not the other at the same time, for being in one bodye together, there cannot be said a reuersion, because by the vniting, the one of them is drowned in the o­ ther: And so the re­ uersion of land, is the land it selfe when it saueth. ¶ Riot. RIot is where three (at the least) or more do some vnlawful act: as to beate a manne, Enter vppon the pos­ session of an other, or such like. ¶ Robbery. RObbery is when a man taketh any thing from the parson of an other feloniously, al­ though the thinge so taken be not to the va­ lue but of a peny, yet it is felony, for which the offendour shal suf­ fer death. ¶ Rout. ROut, is when peo­ ple do assemble them selues together and after do proceede, or ride, or go foorth, or do moue by the instiga­ tion of one, or more, whoe is their lea­ der: Thys is called Rout, beecause they doo moue, and proceede in Routes and num­ bers. Also where many as­ semble them selues to­ gether vpon their owne quarrels & braules, as if the inhabitants of a towne wil gather them selues together, to breake hedges, wales, ditches pales, or such like to haue common there, or to beate ano­ ther that hath done to them a common displea­ sure or such like, that is a Rout & against the lawe although they haue not done or put in execution their mis­ cheuous entent. ¶ Sake. SAk, this is a plee and correctyon of tres­ pas of men in your court, because (Sak) in English is Achelon in french, and Sak is put for Sik, as to say for sik sak, also for what hurt, & Sak is put for forfait. ¶ Scot. SCot, that is to bee quite of a certeine custome, as of commen tallage made to the vse of the Sherife or Bailife. ¶ Shewinge. SHewing that is to bee quite wyth at­ tachment in any court and before whomsoe­ uer in plaints shewed & not auowed. ¶ Sok. SOk this is suite of menne in your court according to the custome of the Re­ alme. ¶ Sokmans. SOkmans, are the te­ nants in auncient de­ mesne, that hold their lands in Socage, that is by seruice with the plough, and therefore they are called Sok­ mans, which is as much to saye, as te­ nauntes or men that hold by seruice of the plough, or plowmen. For Sok signifieth a plough. And these Sokmans or tenaunts in aunci­ ent demesne, haue ma­ ny and dyuers liber­ ties giuen & graunted to them by the lawe, as wel these tenaunts that holde of a com­ mon person in auncy­ ent demesne, as those that hold of the Queene in auncient demesne, as namely to bee free from payinge tolle in euerye Market, Faire, Towne, and City thoughout the whole Realme, aswel for their goods & cat­ tels that they sell to o­ thers, as for those thi­ ngs that they buy for their prouision, of other. And thereupon euery of them may sue to haue letters patents vnder the Queens seale direc­ ted to her officers, & to the Maires, Bailifes & other officers in the realme to suffer them to be tolle free. Also to be quite of pontage, mu­ rage & passage, as also of taxes and tallages graunted by parliament, except that the Queen taxe auncient demesne as she may at her plea­ sure for some great cause. Also to be free from paiments towards the expenses of the knightes of the shire that come to the parliament. And if the sherif wil distreine them or any of them to bee con­ tributory for their lands in auncient de­ mesn, then one of them or al as the case requie­ reth may sue a write directed to the sherif com­ manding him that he doe not compel them to bee contributories to the ex­ penses of the knights, & the same writ doth com­ maund him also, that if he haue already dis­ trained them therfore that he redelyuer the same distresse. Also that they ought not to bee im­ panneled, nor put in in Iuries and enquests in the countrye out of theyr mannor or lordeshippe of auncy­ ent demesne, for the landes that they hold there (except that they haue other landes at the common lawe, for which they ought to be charged) and if the sherife do return them in panells, then they may haue a writte a­ gainst him de non po­ nendis in assisis & iura­ tis. And if he do the contrary, then lyeth an attachement vp­ on that against him. And so it is also, if the bailifes of franchises that haue returne of writtes will returne any of the tenaunts which hold in auncy­ ent demesne in assises or iuries. And also to be ex­ empt from leets, and the shirifs turne, with diuers other such like lyberties. ¶ Spoliation SPoliation is a suit for the fruites of a church or for the church it selfe, and it is to bee sued in the spirytuall Court, and not in our courts. And this suit lieth for one incumbent against an other in­ cumbent, where they both claime by one pa­ tron, and where the right of the patronage doth not not come in question or debate. As if a person be created a bishoppe, and hath dispensation to keepe his benefice still, and afterward the patron presents an other in­ cumbent which is in­ stituted, and inducted: Nowe the Bishoppe may haue against that incumbent a Spolia­ tion in the spirituall Court, beecause they claime both by one pa­ tron, and the right of the patronage doth not come in debate, & because that the other incumbent came to the possession of the bene­ fice by the course of the spirituall law, that is to say by institution & induction, so that hee hath colour to haue it & be person by the es­ pritual law, for other wise if he be not insti­ tuted and inducted &c. Spoliation lieth not against him, but ra­ ther a writt of Tres­ pas, or an assise of no­ uel disseisin &c. So it is also where a personne doth accept an other benefice, by reason whereof the patrone presentes an other clerke who is instituted & inducted, now the one of them may haue Spoliation against the other, and then shal come in de­ bate if he haue plura­ lity or not. And so it is of depriuation &c. The same lawe, is where one saieth to the patron, that his clerke is dead, where vppon he presentes an other: There the first in­ cumbent which was supposed to bee deade may haue a spoliation against the other, & so in dyuers other such like cases. ¶ Stallage. STallage that is to bee quite of a cer­ teine custome exacted for the streat taken or assigned in faires and markets. ¶ Suit couenant. SUit couenaunt is when your aunces­ tors haue couenanted with my auncestours to sue to the court of my auncestors. ¶ Suit custome. SUit custome is when I and my aunces­ tours haue beene sei­ sed of your owne suite and your aun­ cestours, time out of minde &c. ¶ Suit riall. SVit riall is when men come to the shi­ rifes tourne or leete, to which court al men shal be compelled to come to know the lawes, so that they shal not be igno­ rant of the things that shalbe declared there howe they shalbe go­ uerned. And it is cal­ led rial suit because of their allegeance, & this appeareth by common experyence when one is sworne, his othe is that hee shalbe a loyall and faithfull man to the Queene. And this suit is not for the land which he holdeth within the Countie, but by reason of hys person, and his abode there, and ought to bee done twise a yeare, for de­ faut whereof, he shall be amerced & not dys­ trained. ¶ Suit seruice. SUit seruice, is to sue to the Sherifes tourne or leete, or to the Lords court from three weekes to three weekes by the whole yeare, and for default thereof, a man shalbee distrayned and not a­ merced And this suit seruice is by reason of the tenure of a mans landes. ¶ Taxe and Tallage. TAxe & Tallage, are paiments as tethes, fiftenthes, subsidyes, or such like graunted to the Queene by par­ liament. The tenants in aun­ cien demeane are quite of these taxes & talla­ ges graunted by par­ liament except that the Queene do taxe aun­ cient demesne, as shee may when she thinkes good for some great cause. See auncient demesne. ¶ Tenure in capite. TEnure in Capite is where any hold at the Queene as of her personne beeinge Queene, and of her Crowne as of a Lord­ shippe by it selfe in grosse, and in chyefe aboue al other Lord­ shippes. And not where they hold of her as of any mannor, ho­ nor or castell, excepte certeine auncient ho­ nors, which appere in the Eschequer. ¶ Testament. TEstament is thus defined or expoun­ ded in master Plow­ dens comentaries, a testament is the wit­ nes of the minde, and is compound of these two wordes. Testa­ tio & mentis, which so signifieth, trueth is, that a Testament is a witnes of the minde. but that it is a com­ pounde worde, Aulus Gellius in his vj. booke cap. 12. doth deny the same to an excellent Lawyer one Seruius Sulpicius, and sayeth that it is a simple worde, as are these: Calciamentum, Paluda­ mentum paumentum, and dyuers such like: And much lesse is a­ greamentum a com­ pounde worde of ag­ gregatio, and mentium as is sayde beefore in that tytle, for there is noe suche latyne worde simple or com­ pounde, but it may neuer the lesse serue well for a lawe latyn worde. And therefore thus it may bee better de­ fined. A Testament is the true declara­ tion of our last wyll, of that we would to be don after out death &c. And of Testaments there be ij. sorts, name lye a Testament in writing, & a Testa­ ment by woords which is called a Nuncupa­ tiue testament. The first is alwayes in writing as is sayd. The other is when a man beeing sicke, and for feare least death or want of memorie, or of speach, should come so suddenly and haste­ ly vpon him that hee should be preuented if he stayed the writing of his testament, de­ sireth his neyghbours and friendes to beare witnesse of his laste will, and then decla­ reth the same present­ ly by wordes before them, which after his decease is prooued by wytnesses, and put in writing by the Or­ dinarie, & then stan­ eth in as good force, (except for lands) as if it had at the first in the life of the testator ben put in writing. ¶ Them. THem, that is that you shall haue all the generations of your villaines wyth theyr suites & cattel where soeuer they shall bee found in England ex­ cept that if any bond­ man shal remain quite one yere and a day in any priuiledged town so that he shalbe recei­ ued into theyr Com­ minaltie or guild, as one of them, by that meanes hee ys dely­ uered from villenage. ¶ Thef bote. THefbote, is when a man taketh any goodes of a theefe to fauour and mainteine him. And not when a man taketh his owne goodes that were stol­ len from him &c. The punishment in auncy­ ent time of theefebote was of lyfe and mem­ ber. But now at this day Master Stamforde sayeth, it is punished by raunsome, and im­ prisonment. But en­ quire farther, for I thinke it be felonie. ¶ Title. TItle, is where a lawfull cause ys come vppon a man to haue a thinge whych an other hath, and he hath no action for the same, as title of mort­ maine, or to enter for breach of a condicion. ¶ Title of entrie. TItle of entrie, is when one seised of lande in fee maketh a feoffement therof vp­ pon condicion, & the condicion is broken: Now after the condi­ cion thus broken, the feoffour hath title to enter into the land, & may so do at his plea­ sure, and by his entry the freeholde shal bee saide to be in him pre­ sently. And it is cal­ led title of entrie, be­ cause that hee cannot haue a writ of Ryght against his feoffee vp­ pon condicion, for hys right was out of him by the feffement, which cannot be reduced with­ out entrie, & the entrie must be for the breach of the condicion ¶ Tolle, or Tolne. TOlle or Tolne, is most properlye a payment vsed in Ci­ ties, townes, markets & faires for goods and cattel brought thither to bee bought & solde. And is alwaies to bee paied by the buyer, & not by the seller, ex­ cept there be some cus­ tome otherwise. There are diuers o­ ther tolles, as Turne tolle, & that is where toll is paied for beasts that are dryuen to bee solde, although that they bee not solde in deede. Also Tolle trauers, that is where one clai­ meth to haue a halfe­ peny, or such like toll of euery beast that is driuen ouer his ground. Through tolle, is where a Towne pre­ scribes to haue tol for euery beast that goeth through their towne a certein: or for euery score or 100. a certein, which seemeth not to bee so vnreasonable a prescription or custome as some haue thought although it be through the Queenes hyghe way (as they call it,) where euery man may lawfully go, if that there be one thing for another, as if there be a bridge or such lyke commoditie prouyded at the costes & charges of the Towne, for the ease of trauaylers that driue that way, where by theyr iourney ys either shortned or bet­ tered, why then may not tolle be lawfully and with good reason demaunded of them &c. But diuers Citizens & Townes men are free from paying tolle by graunt of the Queene or her auncestors, or do claime the same by prescription or cus­ tome. So also spiry­ tual persons & religi­ ous men (as they call them) were quit of pay­ ing tol for their goods & marchandises bought and sold, but now the Statute of king H. 8. will that they shall not marchandise. But enquyre whether the intent of the statute be obserued among them at this day or not, some say it is not. Also tenants in aun­ cient demesne ought to be quite thorough the whole Realme of paying tolle, as appea­ reth before in the title Sokemans. And in al these cases where toll is demaunded where it ought not to be paied of them that should go, buy, & sell tolle free there the partie or par­ ties greued may haue a writ, De effendi quie­ tum de tolonio, against him or them that so demaunded tolle con­ trarie to the Queene or her progenitours graunt, or contra­ rie to custome or pre­ scription. ¶ Sheriffes tourne. SHerifes tourne is a court of record in al things that pertaine to the tourn. And it is the queenes leete tho­ rough al the countye, and the sherif is iudg. And whosoeuer hath a leete, hath the same aucthority within the precinct, as the sherife hath within the tourne. ¶ Treasure found. TReasure founde is when any money, gold, or siluer, plate, or bolion, is found in any place, & no man know­ eth to whom the pro­ perty is, then the pro­ perty therof belongeth to the queene, and that is called treasure tro­ ue, that is to say trea­ sure found. But if a­ myne of mettal be found in any ground that al­ way pertaineth to the Lorde of the soile, ex­ cept it bee a myne of golde, or siluer which shall bee to the queen in whose grounde so euer it be found. ¶ Viewe VIewe is when a­ nye actyon real is brought and the te­ naunt knoweth not well what lande it is, that the demaundaunt asketh, then the tenant shal praye the viewe, that is to say, that he may se the land which hee claimeth. But if the tenant hath had the viewe in tone writ and after the writt is abated by misnaming of the towne, or by iointure, and after the demaundaunt brin­ geth an other writte against the tenaunt, then the tenant shall not haue the view in the second writ. ¶ Viscount. VIscount is a ma­ gistrate, and offi­ cer, of grat authoryty whom wee commonly call (Sherife) or to speake more truelye (Shire reue) and was at the first called (Shiregereue) that is to say the keeper of the Shire, or the reue or ruler of the shire, for (Gereue) be­ ing deriued of the sax­ on worde (Gereccan) to rule, was first cal­ led (Gerecfa) & then (Gerefa) which beto­ keneth a ruler. And hereof commeth (Por­ treue or rather Port­ greue) a name that in olde tyme was geuen to the head officer of a town, & signifieth the ruler of the town for the (Port) comminge of the latine worde Portus, signifieth a port town and (Gereue) beinge deriued as is aforesaid signifieth a ruler, soe that portgereue or as we now shorter speake it (Portreue) is the ru­ ler of the towne. And thus was the heade Officer or Go­ uernour of the Citye of London long since (before they had the name of Maior or Baylifes) called, as it doth appeare in dy­ uers olde monuments But chiefelye in the Saxon Charter of Willyam Bastard the conqueror, which thus beginneth. Willyam the Kynge greeteth Willyam the bishope, and Godfreye the Portreue, and also the Citizens that in London be &c. So also they of Germany from whom wee and our language together first came,) call among them one gouernor Burgreeue, and other Margreue, and an other Lands­ greue, with such like &c. Thus much is sayde onely to shew the right Etymon and antiqui­ tie of the woord (shi­ rife) to which Officer our common law hath alwayes accordinglie geeuen great trust and aucthoritie, as to be a special preseruer of the peace. And therefore all obligations that he takes to the same end, are as Recogny­ sances in law. He also is a Iudge of Record when hee holdes the Leetes or Tournes, whych are Courts of recorde. Also hee hath the retourne of writtes, and impannellyng of Iuries, and such like &c. ¶ Voucher. VOucher, is when a Pr&ecedil;cipe quod red­ dat of land is brought against a man, & an o­ ther ought to warrant the land to the tenant: then the tenant shall vouch him to warran­ tie, and thereupon he shal haue a writ called Summonias ad warran­ tizandum, & if the Shi­ rife returne that hee hath nothinge by the which he may be sum­ moned, then ther shal go forth a writ called Sequatur sub suo periculo, and when he commeth he shal plede with the demaundant, and if he come not, or if he come and cannot barre the demaundant, then the demaundant shall re­ couer the land against the tenant, & the te­ nant shall recouer as much lande in value against the vouchee, and thereupon he shal haue a writ called Ca­ pias ad valentiam against the vouche. ¶ Vses. VSes of lande had beginning after the custome of proper­ tie began among men. As where one beeyng seised of landes in fee simple, made a feoffe­ ment to another with out any consideration, but onely meaninge that the other should bee seised to his vse, and that hee him selfe would take the com­ moditie and profits of the landes, & that the feoffee should haue the possession and frank­ tenement thereof to the same vse &c. Now af­ ter this vpon good con­ siderations, & to auoid diuers mischiefes and inconueniences, was the statute of Anno 27. H. 8 cap. 10. prouided, which vniteth the vse & possession together, so that who hath the vse of lande, the same hath the possession ther­ of. by vertue of that estatute. ¶ Vsurie. VSurie, is a gayne of any thing aboue the principal, or that which was lent, exac­ ted onely in conside­ ration of the loane, whether it be of corn, meat, apparel, wares, or such like, as of money. And here much myght be saied, and many cases might bee putt concernynge Vsurie, whiche of purpose I omytte, onely I wyshe, that they who accompte themselues religious & good christians, would not deceiue themselues by colour of the sta­ tute of vsurie, because it sayeth that it shall not be lawful for any to take aboue x. ii. in the C. li. for a yere &c. whereby they gather (although falsly) that they may therefore take x. li. for the loane of an C. li. with a good conscience, because the Statute doth after a sort dispence withal, (for that it doth not punish such taking,) which thing it cannot do with the lawes & ordinances of God, for God will haue his de­ crees to be kept inuio­ lable, who sayth, lende looking for nothynge thereby &c. By which woordes is excluded, eyther the taking of x. li. v. li. yea, or one penny aboue the prin­ cipall. But rather let such think, that that sta­ tute was made vppon like cause, that moued Moyses to gyue a bill of dyuorce to the Isralites, as name­ lye to auoyde a grea­ ter mischiefe, and for the hardnesse of their hartes. ¶ Vtlawrie. VTlawry is when an exigent goeth forth against any man, & pro­ clamation made at v. counties, then at the v. countye if the def. ap­ pere not, the coroner shal giue iudgement that he shalbe out of the pro­ tection of the Queene, & out of the aide of the lawe, and by such an vtlary in actions per­ sonals, the party out­ lawed shall forfayt al his goodes and cattels to the Queene. And by an vtlary in felony, hee shall forfait aswel all his landes, and tene­ ments that he hath in fee simple, or for terme of his life: as his good & cattals. And though a man be out­ lawed, yet if any er­ ror or discontinuance be in the suit of the proces the party thereof shal haue aduantage, & for such cause the vtlary shalbe reuersed & ad­ nulled. Or if the partye defendant be ouer the sea at the time of the vtla­ ry pronounced that is a good cause of the re­ uersal of the vtlary. If an exigent be awar­ ded against a man in one county where hee dwelleth not yet an exigent with proclamation shal go forth to the coun­ ty where he dwelleth: or els if he be thervpon vtlawed, the vtlary may be reuersed as it appe­ reth by the statute made the 4 yere of King H. 8. And if a man be out lawed in an action per­ sonal at the suit of an o­ ther, and after he pur­ chase his charter of pardon of the Queen, such charter shal ne­ uer be allowed, til hee hath sued a writte of Scire facias to warne the partye plaintife, and if he appeare, then the defendant shal an­ swere him, and barre him of his action, or els make agreement with him. ¶ Waife. WAyfe is when a theefe hath felo­ niously stolne goodes, and beinge neerelye followed with hue, and crye, or els ouer­ charged with the bur­ den or trouble of the goodes, for his ease sake and more speedye trauailinge, without hue and cry, flieth a­ way and leaueth the goods or any part of them behind him, then the queenes officer or the Reeue, or Bailife to the Lord of the ma­ nour (within whose Iurisdiction or circuit they were left) that by prescriptyon, or graunt from the Queene hath the fraunchise of waife, may seyse the goodes so wayued to their lordes vse, who may keepe them as his owne proper goods: except that the owner come with fresh suite after the felon, & sue an appeale, or giue in euidence against him at his arrainement vpon the indictment, and be attainted thereof &c. In which cases the first owner shall haue res­ titution of his goodes so stollen and way­ ued. But although as hath byn sayd wayfe is properly of goodes stollen, yet wayfe may bee also the goods that are not stolne. As if a man bee pur­ sued wyth hue, and crye, as a felon, and hee flyeth, and leaueth his owne goodes &c. these shalbe taken as good wayued, & for­ fait as if they had bin stolne. ¶ Waiue. WAiue is a woman that is autlawed, & she is called waiue, as left out or forsaken of the law, and not an vtlawe as a man is. For women are not sworne in leetes to the lawe, as menn are, whoe therefore are within the law, where­ as women are not, and for that cause they cannot bee sayd out of the lawe in so much as they neuer were within it. But a man is called vtlawe, beecause that hee was once sworne to the law: & now for contempt he is put out of the law, & is called vtlawe, as one shoulde say without benefite of the law. ¶ Warwite. WArwite (or ward wite as some co­ pies haue it) that is to bee quite of giuing of money for keeping of watches. ¶ Wrecke. WRecke or varech as the Normans from whom it came call it, is where a ship is perished on the sea, and no man escapeth a liue out of the same, and the shippe, or part of the ship so perished, or the goods of the ship come to the lande of a­ ny Lorde, the Lorde shall haue that as a wreck of the sea, but if a man, or a dogg, or cat, escape a liue, so that the partye to whome the goods belong come with­ in a yere and a day and proue the goods to bee his, he shal haue them a gaine, by prouision of the statute of West. that I. cap. 4. made in king Ed. I. daies, who there in followed the decree of Henry the first, be­ fore whose daies, if a shippe had ben cast on shore, torne with tem­ pest, and were not re­ paired by such as es­ caped a lyue within a certeyne tyme, that then this was taken for wrecke. FINIS. ¶ Seruice de chiualer. TO holde by knightes ser­ uice, is to holde by homage, fe­ alty, & escuage, and it draweth to it warde, mariage, & re­ liefe, and knowe thou that knightes seruice is seruice of landes or tenementes to beare armes in warre in the defence of the Realme, & it oweth warde in the defence of the Realme, & it oweth warde and mariage by reason that none is able nor of power, nor may haue knowledge to beare armes, before that he be of the age of 21. yeres. And for so much that the lord shal not leese that that of right he ought to haue, & that the power of the realme, nothing be made weake. The law wil because of his tender age, that the Lord him shal haue in his warde till the full age of him, that is to say xxj. yeres. ¶ Graunde serieantie. TO hold by graund serieanty is as if a man hold certein lands or tenementes of the king to go with him in his host, or to beare his banner with him in his warres, or to leade his host, or such like, and thereto bee­ longeth warde mary­ age and relyefe, as it appeareth in the trea­ tise of wards and re­ liefes in the statute made the 28. of Edwarde the I. ¶ Petit Serieantie. TO holde by petit serieantie is as if a man hold of the kinge landes or tenementes, yelding to him a knife, a buckler, an Arrowe, a Bow without stringe, or other like seruice at the will of the first feoffour, and there be­ longeth not warde maryage ne relyefe. And marke well that a man may not holde by graunde nor petit serieantie, but of the King. ¶ Escuage. To hold by escuage is by knightes seruice, & there belongeth ward, mariage, and reliefe. And marke well that a man may not holde by escuage, but that hee holde by homage, for that escuage of common ryght dra­ weth to him homage, as it was Iudged Termino H. 21. E. 3. cap. 42. fol. 52. Auowrye 115. And note well, that es­ cuage is a certeyne summe of money, and it ought to bee leuyed by the Lord of his te­ nant after the quanti­ tie of his tenure, when escuage runneth by al Englande. And it is ordeined by al the coun­ sell of England how much euery tenaunt shal geue to his Lord, and that is properlye for to maintayne the warres betwene Eng­ land, & them of Scot­ lande or of Wales, and not beetwene o­ ther landes, for that, that those foresayd lands should be of ryght be­ longinge to the Re­ alme of England. ¶ Homage auncestrel. TO holde by homage auncestrel is where I or my auncestours haue holden of you & of your auncestors from time out of mind wher of no minde runneth, by homage, fealty, and certaine rent. And it is not to holde by knightes seruice, and there belongeth not ward, mariage, nor reliefe. And note well that homage may bee said in ij. maners, that is to say, homage ances­ trel, & homage de fait Homage auncestrel is where you or your an­ cestors haue holden of me and mine aunces­ tors during the time of mans remembrance, by homage, fealty, and rent. Homage de fait is where I enfeffe your selfe, to hold of mee by homage and rent, and in so much that this homage beginneth by my deede, it is called homage de fait. And note wel that Homage auncestrell draweth to him vou­ cher, that is to say, war­ ranty of auncestors, but not homage de fait. ¶ Curtesy of England. TO hold by the cur­ tesy of Englande is there where a man taketh a wife inheri­ trix, & they haue issue a sonne or daughter, & the wife dieth, whe­ ther the issue be deade or aliue, the husband shal hold this land for term of his life by the cur­ tesy of England, & by the law. And in this case the fee & the right remaineth in the person of him of whom he hol­ deth: and for that, this tenant may not alyen in fee, nor for terme of anothers life, & if he do it is lawful to him in the reuersion to enter. ¶ Fee simple. TO hold in fee sim­ ple is to hold to a­ ny man or woman, to him & to his heirs and his assignes for euer. ¶ Franke tenure. TO hold in free hold is to hold for terme of his owne lyfe, or for terme of an other mans life. And in this case the fee & the right remaineth in the per­ son of him, of whome he holdeth. And for that this tenaunt may not alien in fee nor for terme of life: And if he do, it is well lawfull to him in whom the fee & the right abideth to enter. ¶ Dower. TO hold in dower is where a man inhe­ rite taketh a wife and dieth, the heire shal en­ ter, & endow the wyfe of the third part of al that that was to her hus­ band in his life, in fee simple or fee taile, and shee shall holde these landes for terme of her lyfe as her free holde. ¶ Terme dans. TO hold for terme of yeares is not but chattel in effect, for no action is maintenable against the termour, for the recouering of the freehold for no free hold is in him. A leas for terme of yeares is a chattel reall, and the other chattel per­ sonall, and all goods whych are remoua­ ble are chattelles per­ sonals. ¶ Mortgage. TO hold in morgage is to hold for a cer­ taine terme vpon con­ dition, that if the les­ sor pay so much mony at such a day, that hee may enter, and if not, that the other shal haue a fee simple or fee taile, or free holde. And in euery case where lands or tenements be geuen to a man for a certeine terme vpon condition of the part of the lessor for to make the lessee to haue more long time or terme, if the other do not as the condition is, the landes and te­ nementes vntyll the daye that the con­ dicyon shoulde bee done, bee holden in morgage, as in a dead gage. And note well that if land be let to a man in morgage in fee sim­ ple or in fee taile vpon condition, that if the first lessor, as is before said, pay so much mo­ ney at such a day that he may enter, & if not, that the lessee haue the same estate in the lands, that the lessour dyd him graunt at the be­ ginninge. And if be­ fore the day assigned, the lessee bee disseised, he shall haue assise of nouel disseisin. And in case that if the lessee take a wife & dye sey­ sed before the day as­ signed, the woman shall be endowed. And note well, that if the lessor after the death of the lessee pay not the money, at the day assigned, then the woman shall hold her dower, and the issue his heritage. And in case the lessour at the day assigned pay the money to the heire o f the lessee, then he may put out the woman & the heire also of al the land first let. And if a man geeue lands to an other in the taile, yel­ ding to him a certeine rent by the yere, & one enter for default of payment, the donee ta­ keth a wife and dyeth seised, the woman shal be endowed. And in case that after the rent be behind, the donour may enter & put out the woman & the heire also. And note well, that if landes be let to a man in Morgage in fee vpon condicion, the lessee doth alien, the lessour shal bee char­ ged to pay the mo­ ney to the alienee, and not to the feoffee, as it is saide. ¶ Burgage. TO holde in Bur­ gage, is to holde as if the Burgeis holde of the king, or of ano­ ther Lord lands or te­ nements, yelding to him a certeine rent by the yeare, or els there where another man then burge is holdeth of any Lord landes or tenements in burgage, yelding to him a cer­ tein rent by yeare. ¶ Socage. TO hold in Socage is to holde of any Lord landes or tene­ ments, yelding to him a certeine rent by the yere for al maner ser­ uices. And note wel, that to holde by So­ cage is not to holde by knightes seruice, nor there belongeth ward, mariage, nor relyefe, but they shall double once their rent after the death of their aunces­ tors according to that that they be wont to pay to their lord. And they shall not be ouer measure greued, as it appeareth in the treatise of wardes & reliefes. And note wel, that So­ cage may be said in iij. maners, that is to say, socage in free tenure, Socage in auncient tenure, and Socage in base tenure. Socage in free tenure is to hold frely by certein rent for all maner of seruices, as is before said, and of that the next kyns bodie shall haue the warde to whom the heritage may not dis­ cend, til the age of xiiij yeares, that is to say, if the heritage come by the part of the father they of the part of the mother shall haue the ward, & contrarywise And note wel that if the gardein in So­ cage do make wast, he shall not be impeched of wast, but he shall yelde accompt to the heire when he shal come to his full age of xxj. yeares. And looke the statute of Marlebridge ca. 17. for this matter. Socage in auncient te­ nure is that where the people in auncient de­ mesne helde, whych vse no other wryt to haue then the writ of right close, which shal be determined accor­ ding to the custome of the manor, & the Mon­ strauerunt for to dys­ charge them when their Lord distrayneth them for to do other seruice that they ought not to do And this writ of Mon­ strauerunt ought to bee brought agaynst the Lord, & those tenants hold al by one certain seruice, & these be free tenaunts of auncient demesne. Socage in base te­ nure is where a man holdeth in auncyent demesne, that may not haue the Monstrauerunt, and for that it is cal­ led the base Tenure. ¶ Fee ferme. TO hold in fee ferme is to hold in fee sim­ ple, yelding to the Lord the value, or at the least the fourth part by the yeare, & he ought to do no other thing, but as it is conteined in the feffement, and he that holdeth in fee ferme ought to do fealtie & not reliefe. ¶ Franke fee. TO holde in franke fee, is to hold in fee simple lands pledable at the common law. ¶ Base fee. TO hold in fee base, is to holde at the will of the Lord. ¶ Villenage. TO hold in pure vil­ lenage, is to doe all that, that the Lorde wil him commaund. The diffinition of villenage is villein of bloud, and of tenure. And it is he of whom the Lord taketh redemp­ tion to marie his dau­ ghter, & to make hym free, & it is he whom the Lord may put out of his landes or tene­ mentes at his will, & also of all his goods & cattel. And note wel, that a sokeman is no pure villein, nor a vil­ lein oweth not ward, mariage, nor reliefe, nor to do any other seruices reall. And note well, that the te­ nure in villenage shal make no free man vil­ lein, if it be not conti­ nued sith time out of mind, nor villein land shal make no free man villein, nor free lande shal make no villeine free, except that the tenant haue continued free sith the time of no minde, but a villein shal make free land villein by sei­ sin or claime of the lord. And note wel, that if a villein purchase cer­ teine lande, and take a wife & alyen, and dy­ eth before the clayme or seisin of the lord, the wife shalbe endowed, And note wel, that in case that the lord bringe a Precipe quod reddat a­ gainst the alien which voucheth to warrant the issue of the villein which is villein to the lord, he shal haue the voucher, & by protes­ tation the lorde may say that (notwithstanding that he pled with his villein) yet his villein shal not be enfranchi­ sed. And note wel that a bastard shall neuer be iudged villeine, but by knowledg in court of recorde. And note well that if det be due by a Lorde to a free man, and hee maketh two men his execu­ tours the which bee villeines to the saide Lorde and dyeth, the villeines shal haue an actyon of det against their Lorde not with­ standinge that hee plead with them. And if he make protestation they shal not be for so much enfranchised, for that that they be to recouer the dett afore said to the vse of an o­ ther person that is to say to the vse of their testatour, and not to their owne vse. And if the tenant in dower haue a villeine which purchaseth certaine lande in fee, and after the tenaunt in dower entreth, she shal haue the land to her an to her heires for euer­ more, & the same lawe is of tenant for terme of yeares of a villein. And note wel that the lord may robb his villein, bete & chastice at his wil, saue onely that he may not maim him for then he shall haue appel of maime a­ gainst him. And note wel, that a villein may haue iij. actions against his lord that is to say, appeale of deth of his ancestor, appel of rape done to his wife, and appel of maime. And note wel if ij. parceners bringe a writ of niefe, and one of them be nonsuit, the nonsuit of him shal be iudged the nonsuit of them both, so that if the nonsuit be after appea­ rance, they shal be put out from that actyon for euer, for the lawe is such in fauour of lybertye. And note wel, if two haue a vil­ leine in common, and one of them make to him a manumission, he shal not be made free against both, And note well, that in a writ de Natiuo habendo, it bee­ houeth that the lorde shew how he commeth priuy of the bloode of the villeine of whom he is lord &c. And if he nor none of his aun­ cestours were not seised of none of his blood, he shal not winn by his action, if the villeine haue not kno­ wledged in court of record him selfe to bee his villein. And note wel that in a writt of Niefe may not be put more Niefes then two and this was first brought in in the ha­ tred of bondage. But in a writt de libertate probanda, may be put as many niefes as the plaintife wil. And note wel that if the villein of a lord be in auncien demesne of the king, or other town priuiledged, within a yeare & a day, the lord may seise him, & if hee dwel in the same towne or other place franchi­ sed by a yere & a daye without seisin of the lord, he hath no pow­ er to seise him after, if he go not in estrey out of the aforesaid fraunchis. ¶ Taile. TO hold in the taile is where a manne holdeth certain lands or tenements to hym & to his heires of hys bodie begotten. And note wel, that if the land be geeuen to a man & to his heires male, he hath fee simple, & that were adiudged in the Par­ liament of our lord the king. But where lands or tenements be geeuen to a man & to his heires males of his bodie be­ gotten, then hee hath fee taile, & the issue fe­ male shal not be enhe­ ritable, as it appea­ reth the xiiij. yeare of Ed. the iij. in assise. ¶ Taile after possibilitie. TO hold in the taile after possibilitie of issue extinct, is where land is geeuen to a man & to his wife, & to the heirz of their ij bodies ingendred, and one of them ouerlyueth the other wythout issue betwene them begot­ ten, he shall holde the land for terme of hys owne life, as tenant in the taile after possibi­ litie of issue extinct. And notwithstanding that hee do wast, hee shal neuer bee impea­ ched of that waste. And note that if he a­ lien, he in the reuersion shall not haue a writ of entrie in consimili casu. But he may en­ ter, & his entre is law­ full, per Rob. Thorpe chiefe Iustice. ¶ Free Mariage. TO holde in frank­ mariage, is to hold in the second taile ly­ mitted in the statute of Westminst. ij. cap. I And the feoffor shall acquite the feoffee of all maner of seruices vntil the 4. degree bee past, & the feffor shal do al the seruice & suites during the said terme. And after the heires of the feoffee shal do it, for that that the pri­ uitie of bloud is past. And if he be distrained for seruice, he shal haue a writt of Mesne a­ gainst him supposinge that hee held the lands of him, but hee shall not haue the fore­ iudgement if it bee not in aduauntage of his issues. And note wel, that after the fowerth de­ gree bee past, he shalbe attendant of as much seruice to the donour, as the donor is atten­ dant to the Lorde pa­ ramount. And if hee do felony for which hee is attaint, the kinge shal haue his lands for terme of his lyfe na­ turall. And after hys death, his issue shal in­ herite, as by force of the taile. And in this case, none shall haue his landes by way of escheate, no more then in any other taile. And in case that the tenant die without heire of his body begotten, the lande shall reuert to the donor as it should in the common tayle. And if a man let hys lande to another in franke mariage yel­ dinge to him a cer­ tayne rent by yeare, hee shal hold this land in the common tayle, and not in frankenma­ riage for by the rent reserued, these words (in liberum maritagium) bee al vtterly voyd, so that the tenure shalbe intended after the te­ nure in the common taile. And note well that the gift in franke ma­ riage hath a condicion annexed to it, notwith­ standing that it be not openly declared in the deede of the gift, as it appeareth by the sta­ tute of Westminst. ij. cap. I. De donis condi­ cionalibus. And note well that a man shall not geeue lands nor tenementes in frankmariage, but where the woman is priuie of bloud to the donor, for els the man nor the woman shall haue no other estate by the feoffement but for terme of lyfe. ¶ Free almes. TO holde in franke almoigne is to hold landes or tenementes for to serue God and holy church to endow without doing any o­ ther maner of seruice. And note wel, that in this case the donor is mesne, & ought to ac­ quit him freely against the chiefe Lorde, & also they that hold in frank almoigne shal doe no fealtie, but they that holde in franke ma­ riage, shal do fealtie. ¶ Elegit. TO holde by Elegit is where a man hath recouered debt or dam­ mage by a writte a­ gainst another or by confession or in other maner, he shall haue within the yeare a­ gainst him a writ Iu­ diciall called Elegyt to haue execution of the halfe of al his lands and cattelles, (except Oxen and beastes of the plowe) tyll the debt or dammages bee vtterly leuied or paied to him, & during the terme he is tenaunt by Elegit. And note wel if he be put out with­ in the terme hee shall haue assise of nouell disseisin, and after a re­ disseisin if neede be, and this is geuen by the sta­ tute of Westminster: cap. 18. & also by the equity of the same sta­ tute, he that hath his estate if hee be put out shal haue assise and a redisseisin if neede bee, and also if hee make his executors and die, and his executors en­ ter and after bee put out, they shall haue by the equity of the same statute such action as hee him selfe before­ sayde, but if hee bee put out, and after make his executours and dye, his executors may enter, and if they bee stopped of their entre, they shall haue a writte of trespasse vppon their matter and case. And note wel if hee do wast in al the lande or parcel, the other shal haue against him im­ mediately a writ Iu­ diciall out of the first recorde called a veni­ re facias ad computan­ dum, by which it shal bee inquired if he haue leuyed all the money, or parcell, and if hee haue not leuyed the money, then it shalbee inquired to how much the wast amounteth, and if the waste a­ mount but to parcel, then as much of the money, as the wast amounteth shalbee a­ bridged of the fore­ sayde money whych was to be leuied. But if hee haue oone more wast then the foresaid summe of mony which was to bee leuyed a­ mounteth, the other shall be discharged by and by all the sayd money, and shall re­ couer the lande, and for the superfluity of the wast made aboue that that amounteth to the saide summe, he shall recouer hys da­ mages single, and the same lawe is of hys executours, and also of him that hath his estate. And note that if hee alyen in fee, for terme of lyfe, or in taile all or parcell of the land which he hol­ deth by Elegit, if the alienation be made with­ in the terme or after, hee which hath right shall haue against him one assise of nouel dis­ seisin. And they both must be put in the as­ sise the alyenour & the alyenee, and notwith­ standinge that the a­ lienor by presently, yet he which hath right shal haue an assise a­ gainst the alienee alone as if the alienor had ben a plain tenant for term of yeres, & that is by the equity of the statute of w. 2. ca. 25. for that that he hath not but a chattel in effect, and that same law is of his ex­ ecutours and of him which hath his estate as is aforesaid. And note wel that in an Elegit, if the sherife returne that he had nothinge the daye of the reconizance made but that he purchased lands after the time, then the party plain­ tife shal haue a newe writte to haue execu­ tion thereof, the same lawe is of a statute marchant. And note wel that after a fyery facyas a man may haue the Elegit, but not contrarie wise, for so much that the elegit is of more higher na­ ture then the fiery fa­ cias. And note wel that if a man recouer by a writt of debt and su­ eth a fiery facyas, and the sherife return that the partye hath no­ thing whereof he may make gree with the par­ ty, then the plaintife shal haue a capias sicut ali­ as, & a pluries, and if the sherife returne at the capias mitto vobis corpus, & he haue no­ thing where of he may make gree to the partye, he shall be sent to the prison of the Fleete. & there shal abide till he haue made agreement with the party, & if the she­ rife returne non est in­ uentus then there shall go forth an exigent a­ gainst him. And note wel that in a writ of debt brought against a per­ son of holy Church, which hath nothinge of lay fee, & the sherife returneth, that hee hath nought by which hee may be summoned, then shal the plaintife sue a writ to the Bishoppe that he make his clerk to come, and the Bi­ shop shall make him to come by sequestration of the Church. And note well, that if a man bring a writ of debte & recouer, & make hys executors & dieth, they shall haue execution notwithstanding that it be within the yeare by a fieri facias. ¶ Statute merchant. TO holde by Sta­ tute merchaunt, is where a man knowle­ geth to paye certayne money to another at a certaine day before the maior, bailife, or other warden of any towne that hath power to make execution of the same statute, & if the obligee pay not the debt at the day, & nothing of hys goods, landes, or tene­ mentes may be founde within the warde of the maior or warden beforesaide, but in o­ ther places wythout, then the recognisee shall sue the recognisaunce and obligation with a certification to the Chauncery vnder the kinges seale, and hee shall haue out of the chauncery a capias to the sherife of the coun­ tie where he is to take him and to put him in prison, if hee bee not a clarke, tyll hee haue made greement of the debt. And one quar­ ter of the yeare after that, that hee shall bee taken, hee shall haue his lande delyuered to himselfe to make gree to the partye of the debt, and hee may sel it while hee is in prison, and his sale shalbee good and law­ full. And if he doo not gree within a quarter of a yere, or if it be retur­ ned that be not founde, then the reconisee may haue a writ of the chaun­ cery which is called Extendi facias, directe to al sherifes, where hee hath landes, to extend his landes and goods, & to deliuer the goods to him, and to seyse him in his landes, to holde them to him and to his heires and his assignes, till that the debtes bee leuyed or payed, & for that time he is tenaunt by sta­ tute merchaunt. And note well, that in a statute merchaunt the reconisee shal haue ex­ ecution of al the lands which the reconisour had the day of the re­ cognisaunce made, and any time after by force of the same statute. And note well, that when any wast or des­ truction is made by the reconisee, his exe­ cutors, or by him that hath estate, the reco­ nisour or hys execu­ tours shall haue the same law as is before­ saide of the tenant by Elegit. And note wel, if the tenaunt by statute marchant holde ouer his terme, hee that hath right maye sue against him a Venire facias ad computandum or els enter by & by as vpon tenat by Elegit. ¶ Rent seruice There be three ma­ ners of rentes, that is to saye, Rent ser­ uice Rent charge, and Rent secke. Rent ser­ uice is, where a man holdeth of an other by Fealtye, and for to do suit to his court and yeldinge to him a certaine rent by the yeare for al manner of seruices. And note wel that if the Lorde bee seised of the seruice and rent beforesaid, and they be behinde, and hee dis­ traine, and the tenant rescueth the distresse hee may haue assise, or a writte of rescous, but it is more necessa­ rye for him to haue assise then a writt of rescous, for that by assise he shal recouer his rent and his da­ mages, but by a writt of rescous he shal not recouer but the thing and the dammages. And note wel, that if the lorde be not sei­ sed of the rent and seruice and they be be­ hinde, and he distreine for them, and the te­ nant take againe the distresse, he shall not haue assise, but a writ of rescous, and shall not neede to shewe hys right. And note well that if the Lorde distreyne hys tenaunt in socage for Knightes seruice whiche is not deny­ ed hym, and auowe for the same seruice in courte of Recorde he shalbe charged by the same seruyce by Finch. term Hillarij Anno xlvj. And note wel that if the lord may not finde a distresse by two yere, he shall haue against the tenaunt a writ of Ces­ sauit per biennium as it appeareth by the sta­ tute of West. 2. ca. 21. And if the tenant die in the meane time and his issue enter, the lord shall haue against the issue a writt of entre vpon the Cessauit, or if the tenant alien, the lord shall haue against the alienne the foresaid writ. But if the Lord haue issue and die, and the tenaunt bee in ar­ rerages of the said rent and seruice in the time of the father of the is­ sue, & not in the time of the issue, he may not distrain for the arerages in the time of his father, and he shall haue none other recouery against the tenaunt or any o­ ther, for that that such aduantage is geuen by the law to the tenant. And note wel that rent seruice is that to the which belongeth feal­ tie, but to rent charge and rent secke belon­ geth not fealtie, but it belongeth to rent seruyce of common right. ¶ Rent charge. Rent charge is where a man graunteth cer­ taine rent goinge out of his landes or tene­ mentes to another in fee simple, or in fee taile, or for terme of life by deede vpon con­ dition, that at what time the rent bee bee­ hinde, it shall be well and lawful to the graun­ tee to his heires or as­ signes to distrayne in the same landes or te­ nements. And note well, that if the rent bee behinde, it is well lawfull to the graun­ tee at his election to haue a writ of Annu­ itie, or els he may dis­ train, & if the distres bee taken against his wil from him, and he was neuer seised before, hee hath no recouery but by writ of Rescous, for the distres first ta­ ken geueth not to him seisin, onely if he happ the rent before, for if he were seised of the rent before, & after the rent be behind, & he distrain, & rescous to him bee made, he shal haue ass. or a writ of rescous, And note well, that in euerie Assise of rent charge and annu­ all rent, or in a writ of Annuitie, it bee­ houeth to hym that bringeth the writt to shewe foorth an espe­ cyaltye, or els hee shall not maynetayne the Assise, but in a Mortdauncestour or Forme done in the dis­ cender or other writs (in the which title is geeuen or compri­ sed) brought of rent charge, or annuell Rente, it needeth not to shewe especy­ altye. And note well that if a man graunt a rent charge to an other, & the grauntee purchase the halfe of the lande whereof the rent is going out, al the rent is extinct, and if the gran­ tee release to the gran­ tour parcell of the rent, yet al the rent is not extincte. But in rent seruice the law is otherwise, for notwithstandinge that the Lorde hath purchased the halfe of the lande whereof the rent is going out, yet the rent is not extinct but for the halfe, & the cause of the diuersitie is, that rent seruice may be seuered to one porcion, but not rent charge. And note well, that if rent charge be gran­ ted to two iointly, & the one release, yet the other shall haue the halfe of the rent. And also if one purchase the halfe of the land where­ of the rent is goinge out, the other shall haue the half of the rent of his compainion: & if the disseisor charge the land to straunger, & the disseisie bring as assise & recouer, the charge is defeated. But if hee that hath right charge the land, & a stranger faine a false action against him, and recouer by defaut. the charge a­ bydeth. And note well, that in case that purpartie be betwene ij. parceners, and more land be allotted to one then to the other, and shee that hath more of the land, chargeth her land to the other, and she happeth the rent, she shal maintein As­ sise without especial­ tie. And if the grauntee haue in fee simple, or in fee taile, & hath issue & dyeth, if the issue bring a Formedon, or assise of Mortdauncester, he shall neuer be charged to shew an especialty. ¶ Rent secke. REnt seck, is where a man holdeth of me by homage, fealtie, & other seruice, yelding to me a certeine rent by the yeare, and I graunt this rent to an other, reseruing to me the seruice. And note well, that in rent seck, if a man be seised of the rent, and the rent be behind, hee may not distreine, but he shall haue assise of nouel disseisine. And note wel that if rent seck be granted to man and to his heirs and the rent bee bee­ hinde, and the graun­ tour dye, the heire may not distrein, nor shall recouer the ar­ rereges of the tyme of his father, as it is beefore saide of rent seruice. And in the same manner it is to saye of Rent charge, or annuell rent. But in all these rentes beefore saide the heire maye haue for the arrerages in his own tyme such aduaun­ tage as his father had in his life. And note well, that in rent seck if a man be not seised of the rent, & it be behind he is without recouery, for that that it was his own folly at the beginninge when the rent was graunted to him, or reserued, that he toke not seisin of the rent as a pennye or two pence. And note wel that a man maye not haue a Cessauit per biennium, or an other writte of entrye sur Cessauit for no rent seck behinde by two yeares, but onely for rent seruice, as it ap­ peareth in the statute. And note wel that in rent secke it beeho­ ueth hym that sueth for the rent secke for to shewe a deede to the tenaunt, or els the tenaunt shall not bee charged with the rent but where the rent secke was rent seruice before, as in this case lord, mesne, and te­ naunt, and euerye of them holdeth of other by homage and fealty and the tenant of the Mesne x. s. of rent, the Lorde paramont purchaseth the landes or tenements of the te­ nant, all the seigniory of the Mesne but the rent is extinct. And for this cause this rent is become rent secke, & the rent seruice chaun­ ged, for hee may not distrain for this rent, & in this case hee that demandeth the rent shal neuer bee charged to shew a deede. Also in a writ of Mordaun­ cester, Ayle, or besaile of rent seck, it needeth not to shew a special­ tie, for that these writtes of possession do com­ prehend a title within them selues, that ys to say, that the aun­ cestour was seised of the same rent, & con­ tinued his possessyon, because of which sey­ sin the law supposeth that it is also auerable by the Countrey. Yet learne, for some sup­ pose that it behoueth of necessitie to shewe forth a deede, for that that rent secke ys a thing against common right, aswell as rent charge. But in Assise of Nouel disseisin, & in a writ of Entre sur dis­ seisin brought of rent secke, it behoueth of necessity to shew forth a deede, for that that rent seck is a thing a­ gainst a common right, except in the case be­ fore saide, where it was rent seruice be­ fore. And Assise of Nouel disseisin, & a writ of entre sur disseisin, con­ teine within them no title, but suppose a disseisin to be done to the plaintif, & of the en­ tendement of the law, the disseisin geueth no cause of auerrement a­ gainst common right, but of necessitie it be­ hooueth to shew forth a deede. ¶ Suit seruice. Suit seruice is to come to the Court from iij. weekes to iij. weekes by the whole yeare, and for that a man shalbe distrayned & not amerced. Suit real is to come to the Court of leete, and that is not but ij. times in the yere, & for that a man shalbe a­ merced, and not distrayned. ¶ FINIS ¶ Imprinted at Lon­ don, in Fleetestrete within Temple Barre, at the Signe of the Hand and Starre by Richarde Tottell. 1579.