DAmage feſant, is when a ſtraungers beaſtes are in another mans ground without lawfull aucthoritie or licence of the tenant of the ground, and there do feede, tread, and otherwiſe ſpoyle y• corne, graſſe, woods, or ſuch like: In which caſe the tenant whom they hurt may therfore take, diſtraine, and impound them, aſwell in the night as in the day. But in other caſes, as for rent and ſeruices and ſuch like, none may diſtraine in the night ſeaſon.

DAnegelde, that is to be quite of a certaine cuſtom which hath runn ſom times, which the Danes did leuie in England.

This began firſt in the time of King Etheldred, who being ſore diſtreſſed by the continuall inuaſion of the Danes, to purchaſe peace, was compelled to charge his countrey & people with importable payments, for hee firſt gaue them at fiue ſeuerall payments 113000. li. and afterwards graunted them 48000 pounds yearely.

DArrein preſentm̄t, Look therefore after in the title Quare impedit.

DEane & Chapter, is a bodie corporate ſpirituall conſiſting of manye able perſons in lawe, as namely the Deane (who is chiefe) and his Prebendes, and they together make the corporation. And as this corporation may ioyntly purchaſe lāds and tenements to the vſe of their church and ſucceſſors. So likewiſe euery of them ſeuerally may purchaſe to the vſe of himſelfe and his heires.

DEcies tantum, is a writ, and lyeth where a iurour in any inqueſt, taketh money of the one parte or other to giue his verdict, then he ſhall pay tenne times as much as he hath receiued, & euery one that will ſue may haue an action, and ſhall haue the one halfe, and the king the other halfe. But if the king in ſuch caſe releaſe by his pardon to ſuch a iurour, yet that ſhall bee no barre againſt him that bringeth the action, but that he ſhall recouer the other halfe, if his action bée commenced before the pardon of the King, but if the pardone bee before any action, it is a barre againſt all men, And the ſame law is of all other actions populer, where one partie is to the king, & the other to the partie that ſueth. Alſo the embr • cers which procure ſuch inqueſtes ſhalbe puniſhed in the ſame manner. And they ſhal haue the impriſonment of a yéere, but no iuſtice ſhall inquire thereof of office, but onely at the ſuite of the partie.

DEclaration, is a ſhewing in writing of the griefe and complaint of the demaundant or pleintife againſt the tenant or defendaunt, wherein he ſuppoſeth to haue receiued wrong, & this declaration ought to be plaine and certaine, both becauſe it impeacheth the defendant or tenant and alſo compelleth him to make anſwere therto. But note that ſuch declaration made by the demaundaunt againſt the tenaunt in an action Reall, is properly called a Count.

Note that y• Count or declaration ought to conteine demonſtration, declaration, & concluſion. And in demonſtration are contained ii • . things, (that is to ſay) who him complaineth and againſt whome, • for what matter, & in the declaration what ought to be compriſed, how and in what manner the action roſe betwéene the parties, and when and what daye, yere and place, & to whome the action ſhalbe giuen.

And in the concluſion he ought to auerre & profer to prooue his ſuit, and ſhewe the damage which he hath ſuſteined by the wrong done vnto him.

DEfendant, is he that is ſued in action perſonall, and he is called tenant in an action Reall.

DEfence, is that which the defendant ought to make immediatly after the count or declaration made, that is to ſay, that he defe • deth al the wrong, force, and dammage, where and when he ought, and then to proceede farther to his plee, or to unparie.

And note, that in ſo much that hee deſendeth the force and wrong hee doeth excuſe himſelfe of the wrong againſt him ſurmiſed, and maketh him partie to the plee, and in ſo much that hee defendeth the dammage, he affirmeth the partie plaintif • able to be anſwered vnto.

And for the reſidue of the defence, hee accepteth the power of the Court to heare and determine their plées of this matter. For if hee will pleade to the Iuriſdiction, hee ought to omitte in his defence theſe wordes (ou & quant il deuera.) And if hee will ſhewe any diſhabilitie▪ in the plaintife, and demaund iudgement, if the partie▪ ſhal bee aunſwered vnto, then hee ought to omitte the defence of the dammage.

DEmaundant▪ is hee that ſueth or complayneth in an Action Real • for title of land, and he is called plaintife in an aſſiſe, & in • n action perſonall as in an action of debt, treſpaſſe, deceit, det •••• and ſuch like.

DEmaines, or demeſnes generallye ſpeakinge according to the lawe, be all the partes of anye mannor which bee not in the handes of •••• holders of eſtate of enheritance, though they bee occupyed by copyholders, leſſe • s for yéeres, or for life, as well as tenaunt at will: But eſpecially to ſpeake, demaines according to the common ſpeeche bee onely vnderſtoode the Lords chiefe manor place, which he & his aunceſtours haue from time out of mynde, kept in their owne hands, and haue occupyed the ſame, together with all buildinges and houſes whatſoeuer, alſo the meadowes, paſtures, woods, errable lande, and ſuch lyke, therewith occupyed.

DEmurrer is when anie action is brought & the defendent pleadeth a plée, to which the plaintife anſwereth, that hée will not anſwere, for that it is not a ſufficient plee in the law, • ſhe defendant ſaith to the contrarie, that it is a ſufficient plee, and thereupon both parties do ſubmit the ••• ſe to the iudgement of the court; then that is called a Demurrer.

DEnizen, is where an a •• en borne becommeth the Kings ſubiect, and ob ••• neth the Kings letters Pat • n •• s for to enioy all priuiledges as an Engliſh man, but if one bée made Denizen he ſhall pay cuſtomes and diuers other • ing • as aliens, as it app •••••• by diuers ſtatutes thereof 〈…〉 .

DEodande, is when anie man by miſfortune is ſlayne by a Horſe or by a cart, or by any other thing that mooueth, then this thing that is cauſe of his death, and which at the time of his miſfortune did moue, ſhalbe forfait to the king, & that is called Deodande, and that pert • meth to the kings Almener for to diſpoſ ••• almes & déeds of charitie.

DEparture from his plee or matter, is where a mā pleadeth a plée in barre, and the plaintife replieth thereto, and hée after in his reioynder, pleadeth or ſheweth an other matter, contrarie, to his firſt plée that is called a • eparture from his darre &c.

DEparture in diſpite of the Court, is when the tenant or defendant appeateth to the action brought againſt him, and hath a day ouer in the ſame Terme▪ or is called after, though hée had no day giuen him▪ ſo that it • ée in the ſame terme if he doe not appeare but makes default, it • s a Departure in diſp •• e of the Court, and therefore hee ſhalbe condempned.

DEbte is a writte, and it lieth where anie ſumme of money is due to a man by reaſon of accompt, bargaine, contract, obligation▪ or other eſpecialtie, to bée payed at a certaine day, at which day bée •• y • th not, then • e ſhall haue this writ. But if any ſumme of money bée due to ••• Lord by his tenaunt for any rent ſeruice, the Lord ſhall neuer haue action of debte, but it behoueth alwaie to diſtraine. Alſo for rent charge or rent ſecke, which anie man hath for life, in taile, or in • ée, he ſhal not haue any action of debt as long as the rent continueth, but his executors may haue an action of debt for the arrerages of any of the ſaid rentes due in the life of their teſtator, by the ſtatute 32. H. 8. cap. 37.

But for the arrerages of rent reſerued vpō a leaſe for terme of yéeres, the leſſor is at his electiō to haue an action of debt, or for to diſtraine: But if the leaſe be determined, then he ſhal not diſtraine after for that rent.

But • ée muſt haue an action of debt for the arrerages.

DEuaſtauerunt bona teſtatoris is when the executors will deliuer the legacies that their teſtator hath giuen, or make reſtitution for wrong •• done by him, or pay his de ••• s due vpon contractes, or other debtes vpon ſpecialties, whoſe dayes of payment are not yet come &c. And kéepe not ſufficient in their handes to diſcharge thoſe debts vpon recordes or ſpecialties, that they are compeliable formerly by the law to ſatiſfie, then they ſhalbe cōſtrained to pay of their owne goods thoſe duties, which at the firſt by the lawe they▪ were compelled to pay, according to the value of that which they deliuered or payed by compulſion, for ſuch payments of debts, or deliuery of legacies, as is aforeſaid, before debtes payed vpon ſpecialties▪ or recordes, whoſe daies o • paymēt ar • alreadie come▪ are accompted in the lawe a waſting of the goodes of the teſtator, aſmuch as if they had giuen them awa •• ▪ without cauſe, or ſold them and conuerted them to their owne vſe.

DEuiſe is where a man in his teſtament, giueth or b •• ••• theth his goods or his landes to another after his deceaſe. And where ſuch deuiſe is made of goods, i • the executors will not deliuer the goods to th • deuiſée, the d ••• ſée hath no remedie by the cō mon-law▪ But i • behoueth h •• to haue a Citation againſt the executors o • the teſtator to appeare before the ordinary, to ſhew wh • he performeth not the will of the teſtator, for the deuiſee may not take the lega •• e and ſerue himſelfe, but it muſt be deliuered to him by the executors.

But by the common-law if a man bee ſole ſeiſes of landes in his demeſne as of • ee, & demſeth the lands by teſtament, this deuiſ • was void, vnles the lands were in a Citie or borough where landes •• deuiſable by cuſtom: But if any man were en •• o •• ed to the vſe of another and his heires, and he to whoſe vſe hee was ſo ſeiſed did make 〈…〉 of his lands, this deuiſe was good, though it be not in a Towne where landes are deuiſable.

Alſo if any man deuiſe lands in Citie Towne, or Borough deuiſable, and the deuiſor dyeth, if his heire or anie other abate in the landes, then the deu • ſ •• ſhall haue a writte of Ex graui querela: But this writte ſhall neuer hee pleded before the Kinges Iuſtice, but alwaies before the Maior or Bailifes in the ſame towne.

And here to the ende to ſhew how much the lawes of this Realme, and the wiſe diſcr •• te Iudges of the ſame, who are the interpreters of the lawe, doe • auor wils & teſtaments, and ſo deuiſes in yeelding to there ſuch a reaſonable conſtruction, as they think might beſt agree with the mindes of the dead, conſidering that willes and teſtaments are for the moſt parte, and by common intendement made when the teſtator is nowe very ſicke, weake, and paſts all hope of recouerie, fo • it is a receiued opinion in the Countrey among moſte, that if a man ſhould chaunce to bee ſo wiſe as to make his will in his good health, when hee is ſtrong of good memory, and hath tune and leaſure, and might aſke counſell if any doubt were of the learned that then hee ſhould not liue long after, and therefore they deferre it, to ſuch time, whē as it were more conuenient to applie themſelues to the diſpoſitions of their ſoules, then of their landes or goods except it were that by the freſh memorie, and recitall of them at that time, it might bee a cauſe to putte them in minde of ſome of their goods or Landes falſely gotten, and ſo moue them to reſtitution &c. And at that time the penning of ſuch willes are commonly committed to the Miniſter of the Pariſh, or to ſome other more ignorant then hee who knoweth not what wordes are neceſſarie to make an eſtate in fée ſimple, fée taile▪ for terme of life or ſuch like beſides manie other miſchiefes: I will therefore here ſette downe ſome of thoſe caſes, that are moſt common in ignorant mens mouthes, & do carrie by the wiſe interpretations of the Iudges, as is aforeſaid a larger and more fauourable ſence in willes then in déedes.

Firſt therefore if one deuiſe to I. S. by his will al his landes & tenements, here not only al thoſe lāds that he hath in poſſeſſiō do paſſe, but alſo thoſe that he hath the reuerſion of by vertue of theſe wordes tenements.

And if lands be deuiſed to a man to haue to him for euer, or to haue to him and his aſſignes, in theſe two caſes the deuiſe ſhall haue a fée ſimple. But if it be giuen by feoffement in ſuch maner▪ he hath but an eſtate for terme of life. Alſo if a man deuiſe his landes to other, to giue, ſell or doe therewith at his pleaſure or will, this is fée ſimple.

A deuiſe made to one • to his heires malas doth make▪ an eſtate taile▪ but i • ſuch wordes be put in a déede of feoffemēt it ſhall b • taken a fée ſimple, becauſe it doth not appeare of what bodie the heires males ſhal be begotten. If lands bee giuen by déed to I. S. and to the heires males of his body &c. who hath iſſue a daughter, who hath iſſue a ſonne, and dieth, there the land ſhal returne to the donour, and • he ſonne of the daughter ſhall not haue it, becauſe hée cannot conuei • himſelfe by heires males, for his mother is a let thereto, but otherwiſe it is of ſuch a deuiſe, for there the ſonne of the daughter ſhal haue it rather then the will ſhalbe voide.

If one deuiſe to an infant in his mothers bellie, it is a good deuiſe, otherwiſe it is by feoffement, graunt, or gifte, for in thoſe caſes there ought to be one of abilitie to take preſently or otherwiſe it is voide.

A deuiſe made in fée ſimple wtout expreſſe words of heirs, is good in fée ſimple.

But if a deuiſe be made to I. N. hee ſhall haue the lande but for terme of life, for thoſe wordes will carie no greater eſtate.

If one will that his ſon I. ſhal haue his land, after the death of his wife, here the wife of the deuiſor ſhal haue the land firſt for term of life. So likewiſe if a man deuiſe his goods to his wife, & that after the deceaſe of his wife, his ſon & heire ſhal haue the houſe, where the goods are, there the ſonne ſhall not haue the houſe during the life of the wife, for it dooth appeare that his intent was, y• his wife ſhould haue the houſe alſo for terme of her life, notwithſtanding it were not deuiſed to her by expreſſe words.

If a deuiſe bée to I. N. and to the heires females of his bodie begotten, after the deuiſes hath iſſue a ſonne & daughter, and dieth, here the daughter ſhall haue the land & not the ſon, and yet he is the moſt worthy perſon, & heire to his father, but becauſe the wil of the dead is, y• the daughter ſhould haue it, lawe and conſcience wil ſo alſo.

And herein the verie heathens were preciſe as appeareth by thoſe verſes of Octauius Auguſtus, which Donatus reporteth hee made after y• Virgil at his death, gaue cōmandement, that his books ſhould bee burnt, becauſe they were imperfect, and yet ſome perſwaded that they ſhould be ſaued, as indéede they happily were, to whō hee anſwered thus: but faith of lawe muſt néedes be kept and what laſt will doth ſay, And what it doth commaund bee done, that néeds we muſt obey.

Diſcontinuance, is when a man alienateth to an other, Landes or tenements, and dieth, & another hath right to y• ſame lande, and may not enter into thē becauſe of this alienation, as if an Abbot alien the landes of his houſe to another in fee, or fée taile, or for terme of life, or if a man alien the landes that hee hath in the right of his wife, or if tenaunt in the taile alien the landes giuen to him and to the heirs of his body, then ſuch alienations bee called Diſcontinuance, for ſuch eſtates paſſe alwaie by liuerie and ſeiſin, & in theſe caſes the ſucceſſour of the Abbot or the woman after the death of her huſbād or the iſſue in the taile after the death of the tenant in taile may not enter, but euerie of them is put to his action. Sée more hereof in Littletō lib. 3. cap. 11. and 32. H. 8. cap. 28. which taketh away diſcontinuaunces by the huſbande ſeiſed in right of his wife.

TIthes, are the tenthe parts of any thing, but properly of thoſe thinges which doe increaſe, which for the moſt part do belong to miniſters of the church for their maintenance, and they be in thrée ſorts deuided, to wit Predial tithes, Perſonall tithes, & Mixte tithes, Prediall tithes are tithes that bee paied of thinges that come of the ground only, as corne, hay, fruits of Trées and ſuch like.

Perſonall Tithes are Tithes to be paied of ſuch profits as come by the labour and induſtrie of mans perſon, as by buying, ſelling, gaines of Merchandize, and of handicraftes men, labourers and ſuch as worke for hire, as carpenters, Maſons and ſuch like.

Mixt tithes are tithes of calues, lambs, pigs, and ſuch like, y• increaſe partly of the ground that they bee fed vpon and partly of the kéeping induſtrie and diligence of the owner.

DIſperagemēt, is a ſhame diſgrace or villany done by the gardeine in Chiualrie to his ward in Chiualrie being within age by reaſon of his mariage.

As when the gardeine doeth marrie his warde within age of xiiii. yeres, & within ſuch time as hee cannot conſent to mariage, to a bond woman, or to the daughter of one that dwelt in a borough (which is to be vnderſtood, ſuch whoſe fathers profeſſe handicrafts, & thoſe baſer artes of buying & ſelling, to get their liuing by) or to one that hath but one foote, or one hand, or is laine or deformed; or hath ſome horrible diſeaſe, as the leproſie, french pockes, falling ſicknes or ſuch like, or maryeth him▪ to a woman that is paſt childebearing, & diuers ſuch other, then vpon the complaint made by the frinds of ſuch heire, the Lord or gardeine ſhall looſe the wardſhip, and the profits during the nonage of the heire for the ſhame done vnto him. See Littlet lib. 2. cap. 4.

DIſſeiſin, is when a man enters into any landes or tenementes where his entry is not lawfull, and putteth him out, that hath the fréehold.

DIſſeiſin vpon diſſeiſin, is when the diſſeiſour is diſſeiſed by another.

DIſceit, is a writ, & it is ſometime originall, and ſometime iudiciall, but when it is originall, it lyeth wher any diſce • t is d • n to a man by another, ſo y• hee hath not ſufficiently perfourmed his bargaine or not perfourmed his promiſe, then b • e that is in ſuch manor diſceiued ſhall haue this writ.

Alſo when this writ is iudicial, it lyeth where a Scire fac. is ſued out of any Record againſt a man, and the Shirife returneth, that hee is warned where he was not warned, or where a Praecipe quod reddat of a plée of lands, or a Q • impedit of the preſenting to a church, is ſued againſt one, & the ſhirife returneth that he is ſummoned, where he was not ſū moned, by which diſceit & falſe returne the demaundāt recouereth in y• plaint, then the party grieued ſhal haue this writ againſt him that recouered, & againſt the ſummoners, & againſt the ſhirife, then the writt ſhalbee directed to the Coroners of the ſame countie, if hee continue ſhirife that made the retorne.

DIſtreſſe, is the thinge which is taken and diſtrained vpon any land for rent behind, or other duty, or for hurt done although that the propertie of the thing belongeth to a ſtrā ger: But if they be beaſtes that belong to a ſtranger, it behooueth y• they were leuant or couchant vpon y• ſame ground, y• is to ſaye, that the beaſtes haue béen vpon the ground certaine ſpace, that they haue them ſelfe well reſted there, or els they be not diſtrainable for rent or ſeruice.

And if one diſtraine for rent or other thing without cauſe lawfull, then the partie grieued ſhall haue a repleuin and vpon ſuretye found to purſue his action ſhall haue the diſtreſſe to him deliuered again. But there bee diuers thinges which be not diſtrainable, viz. another mans gowne in the houſe of a tailor, or cloth in the houſe of a fuller, ſhéereman or weauer, for that they bee common artificers, & that the common preſumption is, that ſuch things belong not to the artificer, but to other perſons which put them there to be wrought,

Alſo vitail is not diſtreinable nor corne in ſheues, but if they be in cart, for y• that a diſtreſſe ought to be alway of ſuch things wher of the ſhirife may make repleuin, & deliuer againe in as good caſe as it was at the time of the taking.

A man may diſtraine for homage & fealtie, & eſcuage, & other ſeruices & for • ines and amerciamentes which bee aſſeſſed in a Leete, but not in a Court baron. And alſo for dammage feaſant, that is to ſay, when hee ſyndeth the beaſtes or goods of any other doing hurt or cumbring his ground. But a man may not diſtraine for any rent or thing due for any lande, but vpon the ſame land that is charged therewith: But in caſe where I come to diſtrain, and the other ſeeing my purpoſe chaſeth y• beaſtes, and beareth the thing out, to the intent that I ſhall not take it for a diſtreſſe vpon the ground, then I may well purſue, and if I take it preſently in y• high way, or in anothers ground, the taking is lawfull aſwell there as vpon the land charged, to whom ſoeuer the propertie of the goods be.

Alſo for fines & amerciaments which be aſſeſſed in a léete, one may alway take the goods of him that is ſo amerced, in whoſe groūd ſoeuer they be within the iuriſdiction of the Court as it is ſaid. And when one hath taken a diſtreſſe, it behooueth him to bring it to the common pound, or elſe he may keepe it in an open place, ſo that hee giue notice to the partie, that hee (if the diſtres be a quicke beaſt) may giue to it foode, and then if the beaſt die for default of food, hee that was diſtrayned ſhalbe at the loſſe, and then the other might diſtraine againe for the ſame rent or duitie. But if hee carrie the diſtres to a holde, or out of the Countie, that the Shirife may not make deliuerance vpon the repleuin, then the par • y vpon the returne of the Shirife, ſhall haue a writte of Withernam dyrected to the Shirife, that hee take as many of his beaſtes, or as much goodes of the other in his kéeping, till he hath made deliuerance of the firſt diſtres. And alſo if they bée in a forſlet or Caſtel, the ſhirife may take with him the power of the Countie, & beat downe the caſtell. As it appeareth by the ſtatute Weſt. 1. cap. 17. therefore looke the ſtatute.

DIuorce ſo called of Diuortium, cōming of the verbe Diuerto, which ſignifieth to retorne backe, it is vſed in law when a man is diuorced from his wife, hée retorneth her backe home to her Father or other Friendes, or to the place from whence he had her, and by ſuch diuorce the marriage is defeated & vndone.

DOnor is hée which giueth lands & tenemēts to an other in taile, and he to whom the ſame is giuē is called Donée.

DOuble plee is where the defendant or tenaunt in any action pledeth a plée, in the which two matters be comprehended, & euery one by himſelfe is a ſufficient barre or aunſwere to the action, then ſuch a double plée ſhall not be admitted for a plée, except one depend vpon an other, and in ſuch caſe if he may not haue the laſt plée without y• firſt plée, then ſuch a double plée ſhalbe well ſuffered.

DOwer is a writ and it lieth where a mā is ſole ſeyſed during the couerture betweene him and his wife, of lands or tenemēts in fée ſimple or fée tayle, where by poſſibilitie the iſſue betwéene them may inherite, if ſuch a man die his wife ſhall recouer the third part of all the landes whereof the huſband was ſole ſeyſed any time during the couerture by a writ of Dovver vnde nihil habet, though hée died not ſeyſed, and though that he made alienation thereof in his lyfe. But if a man before the ſtatute of Vſis 27. H. 8. had landes, in the which an other man, or other men were ſeyſed to his vſe alwaies during the couerture, and hée to whoſe vſe they were ſeiſed dieth before the ſaid Statute, his wife ſhal not be indowed.

And alſo if before the ſays ſtatute two men bée ſeiſed of lands to the vſe of one of them, & he to whoſe vſe &c. dieth before the ſaid ſtatute, his wife ſhall not bée endowed. Alſo if a woman bring a writte of dower, ſhe ſhal recouer damages, for the profit rū after the death of her huſbād if he dieth thereof ſeyſed, but if any alienation or eſtate were made during ye couerture, ſo that the huſband died not ſeyſed, then though ſhee ſhall recouer the land, yet ſhée ſhall recouer no dammages. Alſo there is an other writte of dower called a writte of Right of dower, and •• lyeth where a womā hath recouered part of hir dower in one towne, and the other part ſhe is to recouer. Alſo in diuers caſes a womā ſhall not haue dower, as if the huſband cōmit treaſon for the which he is attainted, then his wife ſhal haue no dower. Alſo if ſhe go away frō her huſband with an other mā in aduowtry, and if ſhe be not reconciled by her huſband of his own will without coherſion of the Church, ſhe ſhal not be indowed.

RIght of entrie, is when one ſeiſed of land in fée, is thereof diſſeiſed: Now the diſſeiſée hath right to enter into the land, & may ſo doe when he will, or els hée may haue a writte of right againſt the diſſeiſor.

DVres, is where one is kept in priſon or reſtreined from his libertie contrarie to the order of the law, and if ſuch a perſon ſo beyng in dures, make anie eſpecialtie or oblig▪ by reaſon of ſuch impriſonment ſuch a deede is void in the law, & in an action brought vpon ſuch an eſpecialtie he may ſay that it was made by dures of impriſonment, but if a mā be arreſted vpon an action at the ſuite of another though the cauſe of the action bée not good nor true, if he make an obligation to a ſtraunger being in priſon by ſuch arreſt, yet it ſhall not be ſaid by dures, but if hée make an obligation to him at whoſe ſuite hee was arreſted to bée diſcharged of ſuch impriſonment, then it ſhall be ſaid dures, as it is ſaid.

EIectione firme, looke for that in the title Gard.

EIectment de garde, looke for that in the Title of Gardes.

EIre iuſtices, or Itinerāt, as wée call them, were Iuſt ces that vſe to ryde frō place to place through out the Realme to adminiſter Iuſtice.

TO holde by Elegit, is where a man hath reconered debt or damage by a writte againſt another by cōleſſiō or in other maner, hee ſhall haue within the yéere againſt him a writte iudiciall called Elegit to haue execution of the halfe of all his landes and chattels (except exen & beaſtes of the plow) till the debt & dammages be wholy leuied and paid to him, and during the terme he is tenant by Elegit, And note well that if he be put out within the terme hée ſhall haue Aſsiſe of Nouel diſseiſin, & after a rediſſeiſin if néede be, and this is giuen by the ſtatute of weſtminſter ſecond Chap. 18.

And alſo by the equitie of the ſame ſtatute he that hath his eſtate if he be put out ſhall haue Aſſiſe & rediſſeiſin if néed be. And alſo if he make his executors and die, and his executors enter and after be put out, they ſhall haue by the equitie of the ſame ſtatute, ſuch action as he himſelfe before ſaid. But if he be put out, and after make his executors and die, his executors may enter, and if they be ſtopped of their entrie, they ſhall haue a writ of treſpaſſe vppon their matter and caſe.

And note well if he doe waſte in al the land or parcell, the other ſhall haue againſt him immediatly a writ iudicial out of the firſt record called Venire facias ad Computādum, by which it ſhall be inquired if hée haue leuied all the money or parcell, and if hée haue not leuied the money, then it ſhall be inquired to how much the waſte amounteth, and if the waſt amount but to parcel, then as much of the money as the waſte amounteth vnto, ſhalbe abridged of the foreſaid money which was to be leuied. But if he haue done more waſte then the foreſaid ſumme of money which was to be leuied, amounteth, the other ſhalbe diſcharged by and by of all the ſaid money and ſhall recouer the lande. And for the ſuperfluitie of the waſte made about that, that amounteth to the ſaid ſumme he ſhal recouer his dammages ſingle, And the ſame lawe is of his executors, and alſo of him that hath his eſtate.

And note y• if he alien in fée, for terme of life or in taile al or parcell of the lād which hee holdeth by Elegit, if the alienation bée made, within the terme or after, he which hath right, ſhall haue againſt him an Aſſiſe of Nouel diſſeiſin, And they both muſt be put in the Aſſiſe, the alienor and the alienee, and notwithſtanding that the alienor die preſently, yet he which hath right, ſhall haue Aſſiſe againſt the alienee alone, as if the alienee had bin a plaine tenant for terme of yéers, and that is by the equitie of the ſtatute of weſtm. 2. Cap. 25. for that that hée hath not but a chattell in effect, And the ſame law is of his executours and of him which hath his eſtate as is aforeſaid.

And note well that in Elegit if the ſhirif returne that hée had nothing the day of the Recogniſance made but that he purchaſed lands after y• time then the partie playntife ſhall haue a newe writ to haue execution thereof, the ſame law is of a ſtatut marchāt. And note well that after a Fieri facias a mā may haue the Elegit, but not contrarie wiſe, for that the Elegit is of more higher nature then the Fieri facias, And note well that if a man recouer by a writ of debt and ſueth a Fieri facias, and the ſhirife returne that the defendāt hath nothing wherof he may ſatiſfie the debt to the partie, thē the plaintife ſhall haue Elegit or Capias ſicut alias and a Pluries, And if the Shirife returne at the Capias mitto vobis corpus, & he haue nothing wherof he may make ſatiſfaction to the partie he ſhalbe ſent to the priſon of the fléete, and there ſhall abide vntill he haue made agréement with the partie, and if the Shirife returne Non eſt inuentus, thē there ſhall go forth an Exigent againſt him. And note well y• in a writ of debt brought againſt a Parſon of holy Church which hath nothing of lay • ee, and the ſhirife returneth that hee hath nought by which hée may bée ſummoned, then ſhall the playntife ſue a writte to the Biſhop that he make his Clerke to come, and the Biſhop ſhall make him to come by ſequeſtration of the Church. And note wel that if a man bring a writ of debt and recouer, and make his executors & dieth, they ſhall not haue execution notwithſtanding, y• it be within the yeere, by a Fieri facias.

ENcrochmēt, is ſaid whē the Lorde hath gotten ſeiſin of more rent or ſeruices of his tenant thē of right is due or ought to be paied or done vnto him, as if • he tenaunt holde his land of the Lord by fealtie, and ii. s. rent yeerely. And now of late time hee hath got ſeiſin of iii. s. rent or of homage or eſcuage, or ſuch like. Then this is called an incrochment of that rent or ſeruice.

ENheritance, is ſuch eſtate in landes or tenements, or other things, as may bee enherited by the heir, whether it be in eſtate of fée ſimple, or taile, by diſcent from any of his aunceſtors or by his own purchaſe.

And inheritance is deuided into two ſortes, that is to ſay, enheritance corporate, and enheritance incorporate.

Enheritance corporate are meſuages, lands, meadowes, paſtures, rents and ſuch like, that haue ſubſtance in themſelues and may continue alwayes. And theſe are called corporall things.

Enheritance incorporat are aduowſons, villains, waies, comons, courts, fiſhings, & ſuch like that are, or may bee appendaunt, or appurtenant to enheritances corporate.

ENtre, is wher a man entreth into any landes or tenements in his proper perſon, or any other • y • is commandement.

Alſo there bee diuers writs of Entre which be in diuers maners, One is a writte of Entre ſur diſſeiſin, and this writie lieth where a men is diſſeiſed, hee or his heire ſhall haue this writ againſt the diſſeiſor or anie other after tenant or the Ian • . And if the diſſeiſor alien and die ſ • iſe • then the writ of Entre ſhal be againſt the heire with the alienee in the Per, that is to ſay▪ in which the tenaunt hath no Entre but by ſuch a one naming the diſſeiſor, which him hath diſſeiſed &c.

And if the heire or alienée die ſeiſed, or alieneth to another▪ then the writte ſhall be in the Per and Cui, that is to ſay, into which the tenaunt hath no entrie but by ſuch a one naming the heire or alienée of the diſſeiſor to whome ſuch a one (naming the diſſeiſor) did lette it, which by force diſſeiſed him &c.

And if land bee co •• eid ouer to manie, or if the firſt diſſeiſor bee diſſeiſed, then the writte of Entre ſhall be in the Poſt, that is to ſay that the tenaunt hath no entry but after the diſſeiſin which the firſt diſſeiſour made to the demandant or his aunceſtor. See after Entre en le per.

A writ of Entre in the Per lyeth where a man is diſſeiſed of his freeholde, and the Diſſeiſour alieneth or dyeth ſeiſed, and his Heire entreth, then the diſſeiſee or his heire ſhall haue the ſaide writte againſt the Heire of the Diſſeiſour, or againſt the alienée of the Diſſeiſour, but liuing the diſſeiſour hee ma • e haue an Aſſiſe if he will, and the writte of Entre ſhall ſay, in quod A. non habet ingreſſum niſi per B. qui illud ei dimiſit, qui inde eum iniuſte diſſeiſiuit &c. But if the diſſeiſor alien & the alienée dieth ſeiſed, or alieneth ouer to another, or if the diſſeiſor die, and his heire enter, and that heire alieneth or dyeth, and his heire entreth, then the diſſeiſée or his heire ſhall haue a writ of Entre ſur diſseiſin in y• Per and Cui, And the writte ſhall ſay, in quod idem A non habet ingreſsū niſi per B. cui C. illud ei dimiſit, qui inde iniuſte &c.

And note well, that no writte of Entre in the Per and Cui ſhall bee maintenable againſt none, but where he that is tenaunt bee in by purchaſe or diſcent: But if the alienation or diſcent bee put out of the degrees, vpon which no writ may bee made in the Per, nor in the Per and Cui, then it ſhall bee made in the Poſt, and the writte ſhall ſay, in quod A. non habet ingreſsum niſi poſt diſseiſinam, quam B. inde iniuſte & ſine iuditio fecit praef. N. vel M. proauo N. cuius haeres ipſe eſt.

Alſo there are v. things which put the writ of Entre out of the degrées, that is to ſay, Entruſion, Succeſſiō, diſſeiſin vpon diſſeiſin, Iudgemēt, & Eſcheat.

1 Entruſion is when the diſſeiſor dyeth ſeiſed, & an eſtranger abateth.

2 Diſſeiſin vpon diſſeiſin, is when the diſſeiſor is diſſeiſed by another.

3 Succeſſion, is where the diſſeiſor is a man of religion, and dyeth, or is depoſed, and his ſucceſſor entreth.

4 Iudgement is when one recouereth againſt the diſſeiſour.

5 Eſcheat, is when the diſſeiſor dyeth without heire, or doth felony wherby hee is attamted, by which the lorde entreth as in his Eſcheat.

In all thoſe caſes the diſſeiſie or his heire ſhall not haue a writ of Entre within the degrees in the Per, but in the Poſt, for that that in thoſe ſaide caſes they are not in by diſcent nor by purchaſe.

Alſo there is a writ of entre Ad communem legē, and lyeth where tenant for terme of life, tenaunt for term of anothers life, tenāt by y• curteſie, or tenant in dower alieneth and dyeth, then he in the reuerſiō ſhal haue the foreſaide writ againſt whomſoeuer is in after in y• ſaid tenements.

Alſo a writ of Entre in caſu prouiſo • yeth, if tenant in dower alien in fee, or for terme of life, or for anothers life, liuing the tenant in dower, hee in the reuerſion ſhall haue the writ called a writ of Entre in caſu prouiſo.

Alſo a writ of Entre In caſu conſimili lyeth, if tenant for terme of life, or tenant by curteſie alien in fee lyuing them, he in the reuerſion ſhall haue a writte called a writte of Entre in caſu conſimili.

Alſo a writ of Entre Ad terminum qui preteriit lyeth, if a man leaſe lande to another for terme of yeares, and the tenaunt ho • d ouer his terme, then the leſſor ſhall haue a writ which is called a writ of Entre Ad terminum qui preteriit.

And alſo if lands be leaſed to a man for terme of anothers life, and hee for whoſe life the landes are leaſed dyeth, and the leſſee holds ouer, then the leſſor ſhal haue this writ.

Alſo a writ of Entre ſine aſſenſu capituli lyeth, where an Abbot, Prior, or ſuch as hath Couent or comon ſeale, alieneth lāds or tenements of the right of his Church, without the aſſent of the Couent or Chapter and dyeth, then his ſucceſſour ſhall haue this writ.

Alſo a writ of Entre Cauſa matrimonii prelocuti lyeth, wherelandes or tenements are giuen to a man vpon ſuch condition, that he ſhal take her to his wife within a certaine time, and he do not eſpouſe her within the ſaid terme, or eſpouſe another womā, or make himſelfe Prieſt, or enter in Religion, or him diſable, ſo that he cannot take her according to the ſaide condition, th • n the donour and his heires ſhall haue the ſaid writte againſt him or againſt whomſoeuer is in the ſaid lande. And alſo it behooueth that this condition be made by Indenture, or otherwiſe this writte doth noth lye, and all theſe and other writs of entrie may be made in the Per, Cui, and poſt.

ENtruſion, is a writ and it lyeth where a tenant for terme of lyfe dyeth ſeiſed of certaine lands or tenements, and a ſtraunger entreth, hee in the reuerſion ſhall haue the ſaide writ againſt the abator, or againſt whoſoeuer that is in after their entruſion.

Alſo a write of Entruſion ſhalbee maintenable by the ſucceſſour of an Abbot againſt the abator which ſhall enter in any lands or tenements in the time of vacation that belongeth to the Church by the ſtatute of Marlebridge, the laſt Chapter.

EQuitie, is in two ſortes differing much the one from the other, and are of contrary effectes, for y• one doth abridge, diminiſh and take frō y• letter of the law, The other doeth inlarge, adde & amplifie therunto.

The firſt is thus defined, Equitie is the correction of a lawe generally 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 parliament is made that whoſoeuer doeth ſuch a thing, ſhalbe a felon, & ſhall ſuffer death, yet if a mad man, or an infant of yong yeeres that hath no diſcreſion do the ſame, they ſhall bee no felons nor ſuffer death therefore.

Alſo if a Statute were made that al perſons that ſhall receiue or giue meate or drink, or other ſuccor to any y• ſhal do ſuch a thing, ſhalbee acceſſary to his offence, and ſhall ſuffer death if they did knowe of the fact, yet notwithſtanding one doeth ſuch an acte, and commeth to his wife, who knowing thereof doeth receiue him & giues him meate and drink, ſhee ſhall not bee acceſſary nor felon, for in the generalty of the ſaide wordes of the lawe, he that is mad, nor y• infāt nor y• wife, were not included in meaning.

And thus equitie doeth correct the generalite of ye law in thoſe caſes, and the generall wordes are by equitie abridged.

The other equitie is defined after this ſort, Equitie is when the wordes of the law are effectually directed, and one thing onely prouided by the wordes of the law to the ende that all things of ye like kinde may be prouided by the ſame, & ſo when the wordes enact one thing they enact all other things that are of like degree, as the ſtatut which ordeines that in an action of debt againſt executors, hee that doeth appeare by diſtreſſe ſhall aunſwere, doeth extend by equitie to adminiſtrators, for ſuch of them as doeth appeare firſt by diſtreſſe, ſhall aunſwere by equitie of the ſaid acte, becauſe they are of like kind.

So likewiſe the ſtatute of Glouceſter giues the action of waſt, and the paine thereof againſt him that holdes for life or yeres, and by the equitie of the ſame, a man ſhall haue an action of waſt againſt him that holdeth but for one yeere or halfe yeere, and yet that is without the wordes of the ſta •••• ▪ for he that holdeth but for halfe a yere, for one yeere, doeth not holde for yeres▪ but that is the meaning and the wordes that enact the one, by equitie enact the other.

ERror▪ i • a writ and it lyeth where iudgement is giuen in the Common place or before the Iuſtice in Aſſiſe or Oyer and terminer, or before the Maior and Sh •• ifes of L ••• d •• , or in other Court of Re •• rde, againſt the 〈…〉 or vpon vndue and wrong proceeding▪ then by this were the partie grieued againſt whome the iudgement is giuen ſhall haue his writ • and there • pon cauſe the Record & Proces to be remoued before the Iuſtice of the kings bēch. And if the error be found, it ſhalbe reuerſed: but if an erronious iudgement bee giuen in the kings bench, then it cannot be 〈…〉 but by Parliament▪ 〈…〉 the Statute 〈…〉 of Elizabeth.

Alſo if a falſe iudgmēt be giuen in Court that is not of record, as in county, hundred or in to • rt baron, then the party ſhall haue a writ of falſe iudgement for to make the record to come before Iuſtice of the common place. Alſo if errour be found in the Eſchequer, it ſhal bee redreſſed by the Chancelor & Treaſorer▪ is it appeareth by the ſtatute of Ed. 3. An. 31. c • . 12.

Eſcape, is where 〈…〉 that is arreſted c ••• eth to 〈…〉 before y• • e be 〈…〉 by • word of any Iuſtice or by order of law.

Eſcape is in two ſorts▪ that is to ſay, 〈…〉 & negligent.

• oluntary eſcape▪ is when one doeth arreſt another for felony▪ or other crime, & after he in whoſe cuſtodie he is▪ letteth him goe where he will▪ this letting him goe is a voluntary eſcape.

And if the arreſt of him that eſcaped were for felony, then that ſhalbe felony in him that did ſuffer y• eſcape, & if for treaſon, then it ſhalbe treaſon in 〈…〉 & if for treſpas, then treſpas, and ſo in all other.

Negligēt eſcape is whē one is arreſted, and 〈…〉 eſcapes againſt the will of him that did ſo arreſt him, & is not freſhly purſued & taken before the purſuer looſeth the ſight of 〈…〉 this ſhall bee ſaide a negligent eſcape, notwithſtanding that hee out of whoſe poſſeſſion hee eſcaped doe take him after he loſt ſight of him▪ Alſo if one • e arreſted, and after eſcape▪ & is at his libertie▪ and he in whoſe ward he was, take him 〈…〉 and bring him to the priſon, yet it •• an eſcape in him.

Alſo if a felon be arreſted by the Conſtable and brought to the ga • le in the county▪ and the gailor will not receiue him & the Conſtable letteth him goe▪ and the gailor alſo▪ and ſo he eſcapeth, this is an eſcape in the gailor, for that in ſuch caſe the gaylor is bound to receiue him by the bond of the Conſtable without any precept of the Iuſtice of peace. But otherwiſe it is if a comon perſon arreſt another vpon ſuſpition of felony, there the ga •• er is not bound to receiue him, without a precept of ſome Iuſtice of peace. There is an eſcape alſo without arreſt, as if murder be made in the day, & the murderer be not taken, then it is an eſcape, for the which the towne where the murder was don ſhalbe amerced.

ESchete, is where a tenāt in fée ſimple doeth felony for the which he is hanged or a • iured the realm, or be outlawed of felony, murder, or petie treaſon, or if the: tenant dyeth without heire generall or eſpeciall, then the Lorde of whome the tenaunt held the lande, may enter by way of Eſchete, or if any other enter▪ the Lord ſhal haue againſt him one writ called a writ of Eſchete, which as I thinke is deriued of the french word Eſchien.

ESplees, is as it were the ſeiſin or poſſeſſion of a thing, profit, or commoditie that is to be taken, As of a common the Eſplees is the taking of the graſſe or common by the mouthes of the beaſts that common there. Of an aduowſon the taking of groſſe tithes by the parſon preſented therunto. Of wood, the ſelling of wood, of an orchard the ſelling of appels and other fruit growing there, of a mill, the taking of toll, is the Eſplees and of ſuch like. And note that in a writte of right of lande or aduowſon or ſuch like the demaundant ought to alleage in his count, that he or his aunceſtors tooke the Eſplées of the thing in demaund, or otherwiſe the pleading is not good.

ESſoine, is where an actiō is brought & the plaintife or defendant may not well appeare at the day in court for one of the v. cauſes vnder expreſſed, thē he ſhalbe eſſoined to ſaue his default, note well yt there be v. maner of eſſoins, that is to ſay, Eſſoine de ouſter le mere, & that is the defē dant ſhall haue a day by xl. daies. The ſecond Eſſoin is De terra ſancta, and vpō this the defendant ſhall haue a day by a yeere and a day▪ & theſe twaine ſhall be laid in the beginning of the plee. The third Eſſoin is De male vener, & that ſhall be adiorned to a common day a • the action requireth and this is called the common Eſſoin, and when and how this Eſſoin ſhall be, looke the ſtatutes and the Abridgment of ſtatutes, where it is well declared, And the 4. Eſſoine is De malo lecti, and that is onely in a writ of right, & therupon there ſhall a writ goe out of the Chauncerie, direct to the Shirife, that he ſhall ſend iiij. Knights to the tenant to ſée the tenāt, and if he be ſicke to giue a day after a yéere and a day. Alſo the • i •• e Eſſoine is de ſeruice le Roy, and it lieth in all actions except in Aſſiſe of Nouel diſseiſin▪ • writ of Dower, Darrein preſentment, and in appeal of Murder, but in this eſſoyne it behoueth at the day to ſhewe his warrant or elſe it ſhall torne vnto a default, if it bee in a plée reall, or els he ſhall loſe xx. ſhillinges for the iourney or more, by the diſcretion of the Iuſtice, if it be in a plée perſonall, as it appeareth by the ſtatut o • Glouceſt. cap. 8.

EStoppel is when one is concluded and forbiddē in lawe to ſpeake againſt his owne act or decrée, yea although it bee to ſay the trueth.

And of Eſtoppels there are a great manie, one for example is, when I. S. is bound in au obligation by the name of T. S. or any other name, and is ſued afterward according to the name in the obligation, that is to ſay T. S. now hée ſhall not bée receiued to ſay, that he is miſnamed, but ſhalbe driuen to anſwere according to the name put in the obligation, that is to ſay, T. S. for peraduenture the obligée did not knowe his name, but by the report of the obligor himſelfe, and in aſmuch as he is y• ſame man that was bound, hée ſhalbe eſtopped and forbidden in lawe to ſay contrarie to his owne déede, for otherwiſe hee might take aduauntage of his owne wronge, which the lawe will not ſuffer a man to doe.

Alſo if the daughter y• is an heire to her • ather will ſue liuerie with her ſiſter y• is a baſtard ſhe ſhall not afterwarde be receiued t • ſay that her ſiſter is a baſtard, in ſomuch that if her baſtard ſiſter take halfe the land with her, there is no remedy▪ by the law.

Alſo i • a man ſeiſed of lāds in fée ſimplée wil take a leaſe for yeres of the ſame land of a ſtranger by deede indented, this is an eſtoppel during the terme of yéeres, & the leſſée is thereby barred to ſay the truth▪ for the trueth is, that hée that leaſed the lād had nothing in it at the time of y• leas made, and that the fée ſimple was in him that did take the leaſe: But this he ſhall not be receyued to ſay till after the yeeres are determined, becauſe it appeareth that hée hath an eſtate for yéers, and it was his follie to take a leaſe of his owne lands, and therefore ſhall thus be puniſhed for his follie.

EStraūgers are ſomtimes takē they y• are not parties or priuies to y• ••• ing of a ſine▪ or making of • déed, ſometimes then that be borne beyond the ſeas.

EStrepment, is a writ, and it lieth where one is impleaded by a Precipe quod reddar, for certaine lande, if the demaundant ſuppoſe that the tenaunt will doe waſte hanging the plée, he ſhall haue againſt him this writte which is a prohibition, commaunding him that he doe no waſte hanging the plée.

And this lyeth properlie where a man demaundeth landes by Formedon, or writte of Right, or ſuch writs where hee ſhall not recouer dammages, for in ſuch writs where hee ſhall recouer damages, hee ſhall haue his damages, hauing regard to the waſt done.

ETate probanda, is a writ of office, and it lieth for the Heire of the tenaunt that helde of the Kinge in chiefe, for to proue that he is of full age, directed to the Shirife to enquire of his age, and then hee ſhall become tenant to the king by the ſame ſeruices that his aunceſtors made to the King: But it is ſaid that euery one that ſhal paſſe in this enqueſt ſhall be of the age of xlii. yeres at leaſt, ſo that he was of ful age whē he that ſueth the writ was borne.

Exchaunge, is where a man is ſeiſed of certaine lande, and another man is ſeiſed of other land, if they by a déed indented, or without deede, if the lands be in one county, exchange their lands ſo that euery of them ſhall haue others lands to him ſo exchaunged, in fee, fée taile, or for terme of life, that is called an exchange, 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 〈1 page duplicate〉 and is good without liuery or ſeiſin.

A • ſo in exchaunge it behou • th that the eſtates •• them limited by thexchāge be egal for if one haue an eſtate in f • e in his land, and the other hath eſtate in the other lande but for terme of life, or in taile, then ſuch exchaunge is voide, but if the eſtates be egall, and the landes be not of egall value, yet the exchaunge is good. Alſo an exchange of rent for land is good. Alſo an exchange betwéen rent and common is good, and that ought to bée by deede. Alſo • t behooueth alway, that this worde exchange • e in the deede, or els nothing paſſeth by the deede except that he haue liuerie and ſeiſin.

Execution, is wher iudgment is giuen in any action that the plaintife ſhall recouer the lande, debt or damages▪ •• the caſe is, & when any writte is awarded to put him in poſſeſſion, that is called a writ of execution, and when he hath the p • ſſeſſion of the land, or is paied of the debt or dammages, or hath the bodie of the defendaunt awarded to priſon▪ then he hath execution and if the plée bee in the Countie, or Court Baron, or hundred • nd they deferre the execution of the iudgement in ••• our of the party, or for 〈…〉 her cauſe, then: the demandāt ſhal haue a writ of Executione iudicii. Note that in a writte of debt, a man ſhall not haue recouerie of anie lands, but of thē which the defendant hath y• day of y• iudgement yéelded. And of cattels a man ſhall hau • execution onely of the cattels, which he hath day of the execution ſued.

Executor, is when a man 〈…〉 maketh his teſt • ment & ••• t will, and therein nameth the perſon that ſhall execute his teſtament, thē h •• that is ſo named: is his executor, and is aſmuch as in the ciuil law, (heres deſignatus or teſtamē tarius) as to debts, goods & cattels of his teſtator, and ſuch an executor, ſhal hau • an action againſt euery debtor of his teſtator, and if the executors haue aſſets, eueryone to whom y• teſtator was in debt, ſhall haue an action againſt the executor, if he haue an obligation, or ſpecialtie, but in euery caſe wher the teſtator might wage his law, 〈…〉 tiō lieth againſt y• exe 〈…〉 . Look more therof before •• the ti •• e Adminiſtrators▪

Exigent, is a writ & it ly •• eth • where a man ſ ••• h an action perſonal, and the defendant cannot be ſ •• d, nor hath nothing win the countie wherby he may: be attached nor di •• rai 〈…〉 , their this writte ſhall goe forth to the ſhirife to make proclamation at 5. counties euery one after another, y• he appeare, or elſe that hee ſhal be •• tlawed: and if •• be outlawed, then all his g •• ds and •••• els • e for • to the King▪ Alſo in an i • dictment • of Fellony, the Exigent ſhall goe forth after the firſt Capias. And alſo in a Capias ad computandū, or ad ſatisfacien •• ▪ And in euery Capias that goeth foorth after iudgmēt the exigēt ſhal goe forth after the firſt Capias. And alſo in appeale of death, but not in appeale of robberie or appeale of maime.

Ex parte talis, Look therefore before in the title, Accompt.

Ex graui querela, Looke therefore before in the title Deuiſe.

Extinguishment, is where any Lorde, or any other, hath anie rente or ſeruice going out of anie land and hee purchaſeth the ſame lande, ſo that he hath ſuch eſtate in the lande as hee hath in the rent, then the rente is extincte, for that one may not haue rent going out of his owne lande. Alſo when any rente ſhall be extinct, it behoueth that the land and the rent be in one han • , and alſo that the eſtate y• he hath bee not defeaſible: & alſo y• hee haue as good eſtate in the lande as in the rent, for if he haue eſtate in the lande but for terme of l • fe or yeeres, and hath fée ſimple in the rent, then the rent is no • extinct, but the rent is in ſuſpence for that time, and then after the terme, the rente is reuiued. And if there bee Lorde, meſne, and tenant, and the Lord purchaſe the • enancy, then the mena • tie is extinct, but the meſne ſhall haue the ſurpluſage of the rent, if there bee anie, as rente ſecke. Alſo if a man haue a hie wai • appendant and after purchaſe the land wherein the h • e way is, then the way is extinct: and ſo it is of a cō men appendant.

Extortiō, is a wrong done by an officer, Ordinary, Archdeacō, Official, Maior, Bailife, Shirif, Eſchetor, Coroner, vnderſhirife, gailer or other Officer, by colour of his Office, in taking exceſſiue rewarde or fee, for execution of his ſaid Office or otherwiſe, and is no other thing in deede then plaine robberie, or rather more odious then robberie, for robberie is apparaunt, and alwaies hath with it the countenance of vice, but extortion being as great a • ſee as robberie is, carrieth 〈…〉 it a countenance of ve 〈…〉 : By means wherof it is the more hard to bee tried, or diſcerned, and therfore the more o • ious, and yet ſome there be that wil not ſticke to ſtretch their office, credit and conſcience, to purchaſe money as wel by extortion as otherwiſe according to the ſaying of the Poet Virgil, what is that that hunger ſweete of gold do • h not conſtraine men mortall to attempt?

FAiling of Record, is whē an action is brought againſt one and the defendant pleadeth any matter y• is of record in another ſort, and doth auerre to proue it by Record, And the plaintife ſaith there is no ſuch Recorde, whereupon the defendant hath day giuen him to bring in the record, at which day he faileth, or brought in ſuch a one, as is no barr • to this action, then h • e is ſaide to faile of his Record, and thereupon the plaintife ſhall haue iudgement to recouer &c.

DEede, is a writing ſealed and deliuered to prooue and teſtifie of the agreement of y• partie whoſe déede it is, to the thing contained in the déede, as a deede of feoffement is a proofe of the liuerie of ſeiſin, for the lande paſſeth by the liuerie of ſeiſin, but when the deede and the deliuerie are ioyned together that is a proofe of the liuerie, and that the feoffour is contented, that the feoffee ſhall haue the lande. And note that all deedes are either indented, whereof there bee two, three, or more parts, as the caſe requireth, of which the feoffour, grantour, or leſſour hath on, the feoffee, grauntee, or leſſee another. And peraduenture ſome other bodie alſo another &c. or elſe they are poll Deedes or ſingle, and but one, which the feoffee, grauntee, or • eſ • e • hath &c. And • u • rie Deede conſiſteth▪ of three principall pointes, (and if theſe three be not ioyned together, it is no perfect déed to binde the parties) namely, writing, ſealing, and deliuerie.

The firſt point ts writinge, whereby is ſhewed the parties names to the Deede, their dwelling places, their degrees, the thing granted, vpon what conſiderations, the eſtate limited, the time when it was graunted, and whether ſimply, or vpon condition with other ſuch like circumſtances. But whether the par • yes vnto the Deede, writte in the ende their owne names, or ſet to their markes (as it is commonly vſed) it maketh no matter at all (as I thinke) for that it is not meant where it is ſaid, that euerie deede ought to haue writing.

The ſecond point is ſealing, which is a further teſtimony o • their conſents to that contayned in the deed • , as it appeareth by theſe wordes. In witneſſe wherof &c. or to ſuch effecte alwayes put in the later ende of deedes, without which wordes the deede •• inſufficient▪ And becauſe wee are about ſealing and ſigning of deedes it ſhall not be • much amiſſe heere to ſhewe you, for antiquities ſake, the maner of ſigning and ſubſcribing of • e • des, in our aunceſtors the Saxons times, a faſhion different from that wee vſe in theſe our de 〈…〉 es, in this that they to their deedes ſubcribed their names (commonly adding the ſigne of the Croſſe,) • nd • n the end did ſet down a great number of witneſſes, not vſing at that time any kynde of Seale. And wee • t this day for more ſuretie, both ſubſcrib • our names (although that b • e not verie neceſſary • , • s I haue aforeſaide) and put to our Seales, and vſe the helpe of teſtimonie beſ • des: That former faſhion continued throughout▪ vntill the time of the Conqueſt by the Normans▪ whoſe maners by little and little at the length p •• ua • led amongſt vs, for the firſt ſealed ch • rter in Englād is thought to b • e ſhal of King Edwarde the Confeſſour to the Abbey of Weſt. who being brought vp in Norman • y, brought into this Realme that and ſome other of their • uyſes with him▪ And a • ter the comming of William the conqueror, the Normans l • king their owne countrey cuſtomes (as naturally all nation • do) reiected the maner that they found here, & retained their own, as Ingulp. the Abbot of Croiland, who came in with the conqueſt witneſſeth ſaying: The Normans doe change the making of writinges which were wont to be firmed in England with croſſes of golde & other holy ſignes, into the printing war, and they re • ect alſo the manner of the Engliſh writing. Howd •• t this was not done all at once, but it increaſed and came forward by certaine ſteps and degrées, ſo that firſt and for a ſeaſon the king onely, or a fewe other of the Nobilitie beſides him vſed to ſeale. Then the Noble men for the moſt • part, and none other, which thing a man may ſee in the Hiſtorie of Battell Abbey, where Richard Lucy chiefe Iuſtice of Englande, in the time of King Henrye the ſecond, is reported to haue blamed a meane ſubiect, for that hee vſed a priua • e Seale, when as that pertayned (as hee ſaide) to the king and Nobilit • e onely.

At which time alſo (as I. Roſſe noteth it) they vſed to ingraue in their ſeales, their owne pictures and counterfaites, couered with a long coate ouer their Armors. But of • er this the Gentlemen of the better ſort tooke vp the faſhion, and becauſe they were not all warriors, they made Seales ingrauen with their ſeuerall coates or ſhields of armes, for difference ſake, as the ſame aucthour reporteth. At the length about the time of king Edwarde the thirde, Seales became verie common, ſo that not onely ſuch as bore armes vſed to ſeale▪ but other men alſo faſhioned to themſelues ſignets of their owne deuiſe, ſome taking the letters of their owne names, ſome flowers, ſome knots and floriſhes, ſome birdes or beaſtes, and ſome other things, as wee nowe yet daily behold in vſe.

Some other manner of ſealing beſides theſe haue bin heard of among vs, as namely that of king Edward the third, by which he gaue to Norman the hunter: The hop and the hop towne, with all the bounds vpſide downe, and in witneſſe that it was ſooth, he bit the waxe with his fore tooth.

The like to this was ſhewed to mée by one of my friendes in a looſe paper, but not verye aunciently written, and therefore hee willed mee to eſtéeme of it as I thought good: It was as followeth.

I willyam Kinge▪ giue to thée Powlen Royden, my hop and my hoplandes, with all the boundes vp and downe▪ from heauen to earth, from earth to hell, for thee and thine to dwell, from • u • and mine, to thée & thine, for a Bowe and a broad arrow, when I come to hunt vpon yarrow. In witneſſe that this is ſooth, I bite this waxe with my tooth, in the preſence of Magg, Maude, & Margerie, and my third ſonne Henry.

Alſo that of Alberic de Veer, conteining the donation of Hatfie • d, to the which hee affixed a ſhort black hafted knife, like vnto an olde half • peny whittle, in ſteede of a ſeale, with diuers ſuch like.

But ſome peraduenture will thinke that theſe were receiued in common vſe and cuſtome, and that they were not rather the deuyfes and pleaſures of a fewe ſinguler perſons, ſuch as are no leſſe deceiued, then they that déeme eu • ry charter and writing that hath no ſeale ann • xed, to bee as auncient as the Conqueſt, wheras in déed ſealing was not commonly vſed till the time of King Edw. the thirde, as hath • m alreadie ſaid.

The third point is deliuerie, which although • t be ſet la • t, is not the leaſt, for after that a deede is written and ſealed, i • i • bee not deliuered, all the reſt is to no purpoſe.

And this deliuery ought to bee done▪ by the partie himſelfe, or his ſufficient warrant, and ſo it ſhall bind him, whoſoeuer wrote or ſealed the ſame, and by this • aſte acte the déede is made perfect, according to the intent and effect thereof, and therefore in deedes the deliuerie is to bée proued &c.

So thus you ſée that writing and ſealing without de • iuerie is nothing to purpoſe. That ſealing and deliuerie where there is no writing worketh nothing, Nor writing and deliuerie without ſealing alſo make no déede. And therefore they all ought iointly to concurre to make • per • ect déede, as is before ſaid.

FAux impriſonment, is a writ, and it lieth where a man is arreſted & reſtr • ined from his libertie by an other againſt the order of the lawe, then he ſhall haue agaynſt him this writte wherby he ſhal recouer damages. Looke more therof before in the title arreſt.

Faux iudgmēt looke therfore before in y• title error.

FEe farme, is when a tenant holdeth of his lord in fée ſimple, paying to him the value of halfe, or of the thirde or of the iii. part, or of other part of the lande, by the yéere. And he that holdeth by fée ferme, ought not to pay reliefe or do any other thing then is conteined in the feoffment but fealtie, for that belongeth to all kind of tenures.

FEe ſimple, is when anie perſon holdeth landes or rent or other thing inheri • able to him and to his heires for euermore & theſe words his heirs make the eſtate of inheritance, for if land be giuen to a man for euer yet hée hath but an eſtate for terme of life Alſo if tenant in fée ſimple die, his firſt ſonne ſhall be his heire, but if he haue no ſon, then al his daughters, that he hath ſhalbe his heires, & euery one ſhall haue her part, by partition, but if he haue no ſonne nor daughter then his next coſin collaterall of the whole blood ſhalbe his heire.

FEoffement is wher a mā giueth landes, houſes, or other corporall thinges which be hered • table to an other in fée ſimple, & thereof deliuereth liuery & ſeiſin & poſſeſſion of the lād, that is a feoffment. Alſo if one make a g •• t in the taile, or a leas for terme of life▪ or of an other mans li • e, it behoueth alſo to giue l • uery and ſeiſin, or els nothing ſhall paſſe by the grant.

FE • for is he that 〈…〉 effeth or maketh a feof • ment to another of landes, or tenements in fée ſimple. And feoffée is he, who is infef • ed, or to whom the feoffment i • ſo made.

FEalty, is a ſeruice called in latin fidelitas, & ſhall be done in ſuch maner, that is to ſay, the tenant ſhall holde his right hand vpon a booke, and ſhall ſay to his lord. I ſhalbe to you faithfull & true, I ſhall b • are to you faith for the lands and tenemēts, which I claime to holde of you, and truely ſhall • o to you the cuſtoms and ſeruices that I ought to doe to you at the termes aſſigned, ſo helpe me God. And ſhall kiſſe the booke, but he ſhal not kneele as in doing homage▪ And therof looke after in the title homage. Alſo fe • l • ie is incident to al maner tenures.

FElony, is a generall terme, which comprehendeth diuerſe heynous offences, for which the off • ndour ought to ſuffer d • ath, & looſe their landes: And it ſéemeth y• they are called f • lonies, of the Latine word Fel, which is in Engliſh gall, infrēch Fiel: or of the auncient Engliſh worde fell or fierce, or becauſe that they are intended to be done with a cruell, bitter, fell, fierce or miſchieuous mind. And ſome of them are, when a man without any colour of law, ſtealeth the goods of an other amounting to the value of xij. pence or more, that is Larceny: But if anie approcheth the perſon of another in the high way, and robbeth him of his goods, although it be to the value but of one penie, it is felonie, & that is called robbery, and therefore he ſhalbe hanged.

FIreboote, is neceſſarie wood to burne, which by the common lawe, leſſée for yéeres, or for life, may take in his grounde, although it bee not expreſſed in his leaſe: and although it be a leaſe by word onely without writing: But if he take more then is néedfull, he ſhall be puniſhed in waſt.

FLedwite, that is, to bée quite from amercements whē an outlawed fugitiue cōmeth to the kings peace of his owne will, or beyng licenced.

FLemeſwite, that is, that you may haue the cattell, or amercemēts of your man or fugitiue.

FLetwit (or Flitwit) that is to be quite from contention and conuicts, and that you may haue plée thereof in your Court and the amerciamēts, for (flit) in Engliſh is Tenſone in French.

FOrſtall, that is to bée quite of amercementes and cattels arreſted within your lande, and the amercements thereof comming.

FOrſtaller is he that buyeth Corne, Cattell, or other marchandize whatſoeuer is ſalable, by the waye as it commeth to markets, faires, or ſuch like places to bée ſolde to the intent that hee may ſell the ſame againe at a more high & déere price in preiudice & hurt of the common wealth and people &c.

The payne for ſuch as are conuicte is for the firſt time impriſonment for two Moneths, and loſſe of the value of the thing ſold.

The ſecond time impriſonment by the ſpace of halfe a yéere, & ſhall loſe the double value of the goods &c. The iij. time impriſonment during the Kings pleaſure, and iudgement of the pillorie, and ſhall forfait all his goods. Sée the ſtatute 5. Edw. 6. cap. 14.

FRanches roiall, is where the Quéene graunts to one and his heires, that they ſhall be quite of toll, or ſuch like.

FRee almes, is where in auncient times landes were giuen to an Abbot and his Couent, or to a Deane and the Chapiter, and to their ſucceſſours, in pure and perpetual almes, without expreſſing anie ſeruice certaine, this is frankealmoigne, and ſuch are bounde before God to make Oraſons & prayers for the donour and his heires, and for that they do no fealtie, and if ſuch that haue landes in frankealmoigne doe make no prayer nor deuine ſeruice for the ſoules of the donors, they ſhall not be compelled by the donours to do it, but for that they may complaine to the Ordinarie, praying him that ſuch negligence be no more after, and the Ordinarie of right ought to do it.

But if an Abbot &c. holdeth landes of his Lorde for certeine deuine ſeruice to bée done, as to ſing euery Friday a Maſſe, or doe ſome other thing, if ſuch diuine ſeruice be not done, the Lorde may diſtrayne, and in ſuch caſe the Abbot ought to doe fealtie to the Lorde, and therefore it is not ſaid tenure in frank almoigne, but tenure by diuine ſeruice, for none can hold by franke almoigne, if any certaine ſeruice be expreſſed.

TO holde in Franke fée, is to holde in fée ſimple landes pleadable at the common lawe, not in auncient demeſne.

FOrmedone, is a writ and it lyeth where the tenant in the taile enfeffeth a ſtrā ger or is diſſeiſed, & dieth, the heire ſhall haue a writ of Formdon to recouer the land: but there be thrée maner of Formedones, One is in the diſcender, & that is in the caſe before ſaide. Alſo if one giue landes in the tayle, and for default of iſſue the remainder to an other in the taile, and that for default of ſuch iſſue the land ſhall reuert to the donour, if the firſt tenant in taile die without iſſue hée in the remainder ſhal hau • a formdone in the remainder, but if the ten • nt in the taile die without iſſue, and he in the remainder alſo die without iſſue, then the donour or his heires ſhall haue a Formedone in the reuerter.

FIeri facias, is a writ iudicial, and it lieth where a man recouereth debte or dammages in the Kinges Court, then he ſhall haue this writ to the ſhirife, cō manding him that he leuy the debt and dammages of the goods of him that hath loſt, & it lieth always within a yéere & a day, and after the yéere he muſt ſue a ſcire facias, and if he be warned, & doth not come at the day &c. or if he come, & can ſay nothing, then he which recouereth ſhall haue a writ of fieri facias directed to the Sherife, that he make him haue executiō of iudgmēt.

But if a man recouer againſt a woman & ſhe take a huſband within the yere & the day, then he that ſhall recouer muſt haue a ſcire facias againſt the huſband.

So it is if an Abbot or Prior recouer & dieth his ſucceſſor within the yéere ſhall haue ſcire facias. Sée thereof more in the title ſcire facias, & title Execution.

FIne ſomtimes is takē for a ſumme of money which one is to pay to the King for any contempt or offence done by him: which fine euery one that cōmitteth any treſpas, or that he is cō uicted, that he falſly denieth his owne déede, or d • d anie thing in contempt of lawe, ſhal pay to the king: which is called fine to the King. Somtime a Fine is takē for a final agréemēt which is had between any perſons concerning any land or rēt, or other thing wherof anie ſuit or writ is betwéen thē hāging in any court which may be diuers waies. One is whē one party reknowledgeth y• to be the right of the other, as that y• he hath of the gu • ft of him y• made that recogniſance, which alwaies ſuppoſeth a feoffemēt going before, & is called a fine executed. Or if he acknowledgeth that to bee the right of another omitting theſe words (cōe ceo que il eit de ſō done) which being a fine vpon acknowledging of right onely, if it bee leuied to him which hath the freehold of y• land, is a Fine vpon a releaſe. And if he that acknowledged it, is ſeiſed, and hee to whom it is leuied hath not the fréehold of the land, thē it is called a fine executory, which he to whom the land is acknowledged may execute by Entre or Scire fac.

And ſometime ſuch a fine ſur conuſ • s de droit only is to make a ſurrēder: Therin is rehearſed that the reconuſor hath an eſtate for life, & the other a reuerſion.

And ſomtime it is taken to paſſe a reuerſion, where a particular eſtate is recited to be in another, & that the reconuſor will that the other ſhal haue y• reuerſion, or that y• land ſhal remaine to another, after the particular eſtate ſpent.

And ſomtime he to whō y• right is acknowledged, as that that he hath of the gift of the reconuſor, ſhall yeeld the land, or a rent out therof to y• reconuſor. And ſomtime for the whole fee: Somtime for the particular eſtate with remainder or remainders ouer: and ſometime with reſeruatiō of rents with diſtreſſe and graunt thereof ouer by the ſaid fine.

And it is called a fine becauſe thereby the ſuite is ended and if it be recorded with proclamation it barreth ſtrangers.

FReeholde, is an Eſtate that a man hath in lands or tenements, or profite to bee taken in fee ſimple, taile, for terme of his owne life, or for terme of anothers life in dower or by the curteſie of Englād. And vnder that, there is • o freeholde, for hee that hath eſtate for yeeres or holdeth at wil hath no fréeholde, but they are called chattels.

And of Freeholds there are two ſortes, that is to ſay, freeholde indeede, and fréehold in lawe.

Freeholde in deede, is when a man hath entred into lands or tenementes, and is ſeiſed thereof reallie, actuallie, and in deede: As if the father ſeiſed of landes or tenements in fee ſimple dieth, and his ſonne entreth into the ſame, as heire to his father, then he hath a fréeholde in déede by his entrie.

Freehold in Lawe, is when lands or tenemetnes are diſcended to a man, and hee may enter into them when he will, but hath not yet made his entrie indeed, as in the caſe aforeſaid, if the father being ſeiſed of lands in fée ſimple die ſeiſed, and they diſcend to his ſonne, but the ſonne hath not yet entred into them indeede, nowe before his entrie he hath a fréehold in lawe.

FReshſuit, is when a man is robbed, and the partie ſo robbed, followeth the felon immediatly, and taketh him with the manner, or otherwiſe, and then bringeth an appeale againſt him, and doth conuince him of the felonie by verdict, which thing being inquired of for the Quéene and founde, the partie robbed ſhall haue reſtitution of his goods againe.

Alſo it may bee ſaid, that the partie made freſhſuite, although hee take not the theefe preſentlie, but that it be halfe a yeere, or a yeere after the robberie done, before he bee taken, if ſo bee that the partie robbed doe what lyeth in him, by diligent inquirie & ſearch to take him, yea although he be taken by ſom other bodie, yet this ſhalbe ſaid freſh ſuit.

And ſo freſh ſuit is whē the Lorde commeth to diſtraine for rent or ſeruice, • the owner of the beaſtes doth make reſcous, & drineth them into others ground that is not holden of the lord, and the Lorde followeth preſently & taketh them, this is called freſh ſuit. And ſo in other like caſes.

GArrantie of charters, is a writ, & it lieth where any déed is made yt cōprehēdeth a clauſe of warranntie, yt is to ſay, dedi or cō ceſsi, or this word warrantizabo, & if ye tenant be impleaded by a ſtranger, if it be in aſſiſe or ſuch action where he may not vouch to warrantie, then hee ſhall haue this writ againſt his feffor or his heire, & if ye lād be recouered againſt him▪ hee ſhall recouer as much land in value againſt him that made the warrantie. But this writ ought to be ſued hanging ye firſt writ againſt him, or elſe he hath loſt his aduantage.

Alſo vpon a warrātie in the law, as vpon homage aunceſtrel, or vpon rent reſerued vpō a leaſe for term of life, or a gift in the taile, a man ſhall haue a writ of warrantie of charters, but not vpon eſchange.

GArrantie, is in two maners, that is to ſaye, garrantie lineall and garrantie collaterall.

Garrantie lineal is wher a man ſeiſed in fée, maketh a feffement by his deede to another, and byndeth him & his heires to warrantie, and hath iſſue a ſonne and dyeth, and the warrantie diſcendeth to his ſonne, that is lineall warrantie, for y• that if no déede with warrantie had bin made, then the right of the lands ſhould haue diſcended to ye ſonne, & he ſhall conuey the diſcent from the father to the ſonne. But if the tenant in ye taile diſcontinue the taile, & hath iſſue & dyeth, & the vncle of the iſſue releaſeth to the diſcontinuee with warrantie &c. & dyeth without iſſue, that is a collaterall warrantie to the iſſue in the taile, for that, that the warrantie diſcendeth vpon the iſſue, the which may not conuey him to the taile by meane of his vncle. And in euery caſe where a mā demandeth lands in fee taile by writ of Formedon, if any of the iſſue in the taile which hath poſſeſſion, or which hath not poſſeſſion maketh a warrantie, and he that ſueth the writte of Formedon may by poſſibility by matter that may be in that déede conuey to him title by force of the gift by him that made the warrantie &c. that is then a lineall warrantie, and by ſuch a lineall warrantie, the iſſue in the taile ſhal not be barred, except that he haue aſſets to him diſcended: But if he may not by no poſſibilitie that may be conuey to him title by force of ye gift by him that made the warrantie, then that is a collaterall warrantie, and by ſuch a collateral warrantie, the iſſue in the tail ſhalbe barred without any aſſets. And the cauſe that ſuch a collaterall warrantie is a barre to the iſſu in the tail, is for that, that al warranties before the ſtatute of Gloceſter, which diſcended to them which he heirs to them yt made the warranties were barres to the ſame heires to demaund any lands, except the warranties that began by diſſeiſin, & for that, that the ſaid ſtatute hath ordeined that the warrantie of the father ſhalbee no barre to his ſonne for the landes which come of the heritage of the mother, nor the warrantie of the mother ſhalbe no barre to the ſonne for the landes which come of the heritage of the father, & the ſtatute hath not made nor ordayned remedie againſt the warrantie that is collaterall, to the iſſue in the taile, & therefore the warrantie that is collaterall to the iſſue in the taile, is yet in his force, and ſhalbe a barre to the iſſue in the taile, as it was before the ſtatute. Alſo it behoueth yt all warrāties whereby any heire ſhalbee barred, that the warrantie diſcend by ye courſe of ye cō mon law, to him which is heire to him that made the warrantie, or elſe it ſhalbee no barre, for if the tenaunt in the taile, of lands in borow Engliſh, where the yongeſt ſonne ſhall inheririte by the cuſtome diſcontinueth y• taile, & hath iſſue ii. ſonnes, & y• vncle releaſeth to y• diſcōtinuee with warrantie & dyeth, and the yonger ſonne bringeth a Formdon, yet he ſhall not be barred by ſuch warrāty cauſa qua ſupra. Alſo if any man make any deede with warrantie whereby his heire ſhould be barred, and after he that made the warrantie bee attaint of felony, then his heire ſhall not bee barred by ſuch warranty, for y• that ſuch warrantie might not diſcend vpon him, for y• that the bloud is corrupt. Alſo if the ſonne purchaſe lāds, & after let the lands to his father for terme of yeres, & y• father by his déed enfeffeth a ſtranger, & byndeth him and his heires to warrantie, & the father dyeth, whereby the warrāty deſcendeth to ye ſonne, yet this warranty ſhall not barre the ſonne, but ye ſonne may wel enter notwithſtāding his warranty, for that that this warranty began by diſſeiſin when the father made the feoffemēt which was a diſſeiſin to the ſon, and as it is ſaide of the father, ſo it may be ſaide of euery other anceſtour. And the ſame lawe is, if the aunceſtour be tenaunt by Elegit, or by ſtatute marchant, and make a feoffement with warrantie, ſuch warranties ſhalbe no barres, becauſe they begin by diſſeiſin.

GArrantie, is when one is bounde to another which hath lande, to warrant ye land to him, which may begin two waies▪s▪ by deede of lawe, As if one and his aunceſtours hath held land of another and his aunceſtours time out of mynde by homage, which is called Homage Aunceſtrel: Or by déede of y• partie which graunteth by déede or fine to the tenāt of the land to warrant it to him: vpon which warrantie if the tenant be impleaded by him which ought to warrant, or his heires, the tenant ſhall barre the demandant by pleading of the warrantie againſte him, which is called Rebutter: Or if he be impleaded by another in an actiō, wherein he may vouch▪ he ſhall ▪vouch him which warranted, or his heires, & if the plaintife recouer, the tenant ſhall recouer in value againſt ye vouchée.

WArde▪ is when an infant whoſe aunceſtor helde by knights ſeruice, is in the warde or kéeping of the Lorde, of whome thoſe landes were holden: And if the tenaunt holde of diuers Lordes diuers landes, the Lord of whom the lande is holden by prioritie, that is to ſaye, by the more elder tenure, ſhall haue the wardſhip of the infant: but if one tenure be as olde as the other, then hee that firſt happeth to haue the ward of the bodie ſhall keepe it: But in that caſe euery Lord ſhall haue the warde of the lande that is holden of him. But if the tenaunt hold any land of the Q. in chiefe, then ſhe by her Prerogatiue ſhal haue ye ward of the bodie, & of all ye lande that is holden of her, & of euery other Lord.

Alſo there bee diuers writs of warde, one is a writ of right of warde, and that lyeth where the tenant dyeth, his heire within age, & a ſtranger entreth into the land, and hapneth to haue the warde of the bodie of the infant.

A writ of eiectment of warde lyeth where a man is put out of the warde of the land without the bodie of the infant.

A writ of rauiſhment of ward lyeth where the body is taken from him only and not the land.

WArdeine, or gardeine moſt properly is hee that hath the wardſhip or keeping of an heire, and of his lād holden by knights ſeruice, or of one of them to his owne vſe, during the nona •• of the heire, & within that time hath the b • ſtowing of the body of the heire, in marriage at his pleaſure, without diſparagement.

And of wardens there be two ſorts, namely gardeine in right, & gardeine in deede.

Gardeine in right is he that by reaſon of his ſeigniory is ſeiſed of the wardſhip or keeping of the land, and of the heire, during the nonage of the heire.

Gardein in déed, is wher the lord after his ſeiſin, as aforeſaide, graunteth by deede or without deede, the wardſhip of the lande, or of the heire, or of both to an other, by force of which graunt the grauntée is in poſſeſſion, then is the grauntee called gardeine in deede.

And this gardein in déed may graunt the heire to an other alſo, but that other is not properly called gardeine in déede for that is the grantee of the Garden in right only, but the garden in ſocage hath the profit onely to the vſe of the heire, vntill he accompliſh the age of xiiii. yeeres, and muſt yéeld therefore an account to the heire. See more hereof Lit. lib. 2. cap. 4. & 5. and Stamf. vpon the ſtatute of Prerogatiue, cap. 1. 2. & 6.

GArnishment is, if an action of detinue of charters bee brought againſt one, & the defendant ſayth, that the charters were deliuered to him by the plaintife & by another vpon certaine conditions & prayeth that the other may be warned to plede with y• plaintife if the conditions b • e performed or no, & thereupon a writ of Scire facias ſhal go foorth againſt him, & that is called Garniſhment, & the other when he commeth ſhall plede with the plaintife, and that is called enterpleder.

GAuelet, is a ſpeciall and auncient kinde of Ceſſauit vſed in Kent where the cuſtome of Gauelkind continueth: whereby the tenaunt ſhall forfaite his landes and tenements, to the Lord of whom they are holden if he withdraw frō •• s Lord his due rents & ſeruices, after this maner as followeth.

If any tenaunt in Gauelkind, withhold his rent and his ſeruices of the tenement which hée holdeth of his Lorde, let the Lorde ſeeke by the award of his Court from thrée wéekes to thrée weekes, to find ſome diſtres vpon the tenements vntill the iiij. Court, alwaies with witneſſes. And if within that tune, he can find no diſtres in that tenement▪ whereby he may haue Iuſtice of his tenant, Then at the iiij. Court let it bée awarded, that he ſhall take that tenement into his hande, in the name of a diſtreſſe, as if it were an oxe or a cowe, and let him kéepe it a yéere and a daye in his hande without manuringe it: within which terme if the tenaunt come and pay his arrerages, and make reaſonable ameno • s for the withholding, then let him haue an • enioy his tenement as his aunceſtors, and hee before held it: and if hee doe not come before the yéere and the day paſt, then let the Lord goe to the next Countie Court with his witneſſes of his owne Court, & pronounce there this proceſſe to haue further witneſſes, and by the awa • de of his Court, (after the County Court holden) he ſhall enter and manure in thoſe landes and tenements as in his owne. And if the tenant come afterward, and will rehaue his tenements, and holde them as he did before, let him make agréement with the Lord, according as it is aunciently ſaid.

Hath hée not ſince any thing giuen, nor hath hee not ſince anie thing paied: Then lette him pay v. li. for his were • r before hée become tenaunt or holder againe. Sée hereof 10. H. 3. Fitz Ceſſauit • 0. and ſtatute 10. E. 2. of Gauelet in London, In the Collection of ſtatutes London 2. matter much tending to this purpoſe, that by this worde Gauelet the Lord ſhall haue the land for the ceaſing of the tenant. And ſée W. 2. cap. 21. which giueth Ceſſauit.

There be ſome copies that haue the firſt Verſe thus written.

Niſith yelde, and niſith gelde.

And others thus.

Nigheſith yeld, & nigheſith geld.

But theſe differ not in ſignification, other copies haue it after this ſort.

Nigondſith ſeld, and nigondſith geld.

That is to ſay, let him ix. times pay, and ix. times repay.

GAuelkinde is a cuſtome annexed, and goyng with landes in Kent called Gauelkinde lands holden by ancient Socage tenure. And is thought by the ſkilfull in Antiquities, to be called Gauelkinde of Gyue al kin, that is to ſay, to all the kindred in one lyne according as it is vſed among the Germās, from whom wee Engliſhmen, and chiefly of Kent come. Or els it is called Gauelkinde of Gyue all kind, that is to ſay, to all y• male children, for kind in Dutch ſignifieth a male childe. And diuers other like coniectures are made by thē of the name (Gauelkind) which I omit of purpoſe for ſhortneſſe ſake.

The moſt vſuall cuſtomes of them are, That the land is diuidable betwéene the heires males, and that the heire at the age of fifteene yéeres may giue and ſell his lande, and ſhall inherite although his father bée attainted and hanged for felonie, and his wife ſhalbe indowed of halfe the land, whereof her huſband died ſeyſed, and the huſband ſhalbe tenant by the curteſie of y• halfe although he haue no iſſue by his wife, but the eſtate of the huſband & wife ceaſeth by their ſecond mariage. And diuers other cuſtomes are vſed in Kent of landes in Gauelkind, for which ſée y• Perambulation of Kent, made by M. Lambert. For which cauſe the reſidue I will omit as vnneceſſarie for this booke, and intreated of largely in the ſaid Perambulation.

GElde. y• is to be quite of ſeruile cuſtomes which were wont to be giuen, and are yet giuen, as hornegeld and ſuch like,

GRaund Cape, look therefore after in y• title Petit Cape.

GRaunde Seriantie is, where a man holdeth of the king certaine lande by the ſeruice of carying his banner or launce, or to lead his hoſte, or to be his caruer, or butler at his Coronation, and that is moſt honorable ſeruice and moſt worthie that a tenant may doe, and for that it is called graund ſerianty. But petit ſeriantie is when one holdeth of the King, paying to him yéerely a bow, a ſworde, a ſpeare, and ſuch like, and that is but Socage in effecte, but a man cannot hold in grand Serieantie or by petit ſerieantie but of the King. Alſo if a tenant by grand ſerieantie dieth his heire being of full age the heire ſhal pay to the King for reliefe the value of the lands ouer the charges that he paieth to the king by grand Serieantie: but hee that holdeth by Eſcuage ſhal paye for his reliefe but C. s.

Alſo thoſe that bee in the Marches of Scotlande, that holdeth of the king by Cornage, that is to blow an horne when the Scottes enter into England, are tenants in grand Serieantie.

Alſo where a man holdeth of the Kinge for to finde a man in his warres within the Realme, that is called graund Serieauntie, for that, that it is done by a Mans badic: And if the tenaunt cannot finde a man to doe it, then hee is bounde to doe it him ſelfe. And he that holdeth by graunde Serieauntie holdeth by Knightes ſeruice, and the King ſhall haue, warde, marriage and reliefe, but not of them that holdeth by petit ſerieantie, but the king ſhal not haue of them that holde by graund ſerieantie eſcuage, except that they holde by eſcuage. So they that hold by graund Serieantie or Eſcuage hold by Knights ſeruice. But one may hold by graund Serieantie and not by eſcuage, and by Eſcuage and not by graund Serieantie: And the Knights ſeruice alwayes draweth to him warde, mariage and reliefe.

GRithbrech, that is the kings peace broken, becauſe (Grith) in Engliſh is pax in Latin.

HAbere facias ſeiſinam, is a writte iudicial, and it lyeth where one hath recouered certaine landes in the Kings court, then hee ſhall haue that writte directed to the Shirife, commaunding him to giue him ſeiſin of that lande, and it ſhal not be returnable.

HAriot, is in two ſortes, the one Hariot cuſtome, the other Hariot ſeruice.

Hariot ſeruice (ſome ſaye) is alwaies expreſſed in a mans graunt or déede that hee holdeth by ſuch ſeruice to paye Hariot at the time of his death, and this hariot is payable after the death of the tenant in fee ſimple.

Hariot cuſtome, is wher Hariots haue béene paide time out of minde by cuſtome. And this may bee after the death of tenaunt for life &c. but to ſpeake thereof generally.

Hariot is the beſt beaſt (whether it be Horſe, Oxe or Cowe) that the tenaunt had at y• time of his death. And the Lorde may either ſeiſe, or take a diſtreſſe for it, whether it bee Hariot ſeruice, or Hariot cuſtome, to the Lordes vſe of whome the tenaunt helde by his Bailife or other officer belōging to his manor. But of right, the Lord nor his officer ſhoulde not take Hariot before it bee preſented at the next court holden after the tenaunt is dead, and that ſuch a beaſt is due to the Lorde for his hariot.

Hidage, that is to be quit, if the kinge ſhal taxe al the land by hides.

Note that a hide of land is a whole ploughlande. And this kinde of tax • ng by hides was much vſed in olde time, as well for prouiſion of Armour, as paymentes of Money, and that chieflie in king Etheldreds daies (a king in this Countrey before the Conqueſt) who in the yeere of Chriſt 1006. when as the Danes landed at Sandwich in Kent, taxed al his land by hides thus, That euerie three hundred and tenne hides of lande, ſhould find one ſhip furniſhed, and euery eight hides ſhoulde find one Iack and one ſallet, for the defence of the Realme.

HOtchpot, is a medling, • or mixing together, and a partition of Landes giuen in frankmarriage, with other landes in fée ſimple diſcended, As for example, a man ſeiſed of 30. acres of lande in fee ſimple hath iſſue 2. daughters, and giueth with one of his daughters to a man that marrieth her ten acres of the ſame lande in frankemariage, and dyeth ſeiſed of the other twentie acres: Nowe if ſhee that is thus married will haue anie part of the twentie acres wherof her father died ſeiſed: She muſt put her landes giuen in frankmarriage in Hotchpot, that is to ſay, ſhee muſt refuſe to take the ſole profits of the lande giuen in frankemarriage, and ſuffer the land to bee commixt and mingled together with the other lande wherof her Father died ſeiſed, ſo that an equall diuiſion maye bee made of the whole betwéene her and her ſiſter: and thus for her tenne acres ſhée ſhall haue fiftéene, elſe her Siſter will haue the twentie acres of which their father died ſeiſed.

HOmage aunceſtrell, is where a man and his anceſtours of time out of mind, did hold their land of their lord by homage. And if ſuch Lord hath receiued homage, he is bound to acquite the tenant againſt al other Lords aboue him of euery manner ſeruice. And if the tenant hath done homage to his Lorde, and be impleded and voucheth the Lorde to warrantie, the Lord is bound to warrant him, and if the tenant looſe, hee ſhall recouer in value againſt the Lord ſo much of the landes as hee had at y• time of y• voucher or any time after. Alſo if a man that holdeth his lande by homage aunceſtrell alien the lande in fee, then the alienée ſhall doe homage to his Lorde, but he ſhall not hold by homage aunceſtrel, for that the continuance of the tenauncie in the blood of the firſt tenaunt is diſcontinued.

HOmeſoken, (or hameſoken) that is to bee quit of amerciaments 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 land.

HOrnegelde, that is to be quit of a certaine cuſtome exacted by tallage thorowe all the lande, as of whatſoeuer horne beaſt.

HOuſebote, is neceſſarie timber, that the leſſee for yeres, or for life, of common right may take vpon the ground, to repa • re the houſes vpon y• ſame groūd to him leaſed, although it be not expreſſed in the leaſe, & although it bee a leaſe by words without deed. But if he take more thē is needful, hee may be puniſhed by • n action of waſte.

HVndredum, that is to bee quite of money or cuſtomes to bée done to the gouernours and hundredors.

IDeot, is hée that is a foole naturally from his birthe, and knoweth not how to accompt or number twentie pence, nor cannot name his father or mother, nor of what age himſelfe is, or ſuch like eaſie & common matters: ſo that it appeareth he hath no maner of vnderſtanding of reaſon, nor gouernement of himſelfe, what is for his profite or diſprofit &c. But if he haue ſo much knowledge that hee can read or learne to read by inſtruction and information of others, or can meaſure an Ell of cloth, or name the dayes in the weeke, or beget a child, ſonne or daughter, or ſuch like, whereby it may appeare that hee hath ſome light of reaſon: then ſuch a one is no Ideot naturally.

IEofaile, is when the parties to any ſ • ite in pleading haue procéeded ſo far that they haue ioyned iſſue, which ſhalbe tryed or is tryed by a Iury or enqueſt. And this pleading or iſſue is ſo badly pleaded or ioyned, that it wilbe error if they procéede: Then ſome of the ſaide parties may by their Counſel ſhew it to the Court as well after verdict giuen and before iudgement, as before the Iury be charged. The ſhewing of which defectes before the Iurie charged was often when the Iury came into the Court to trie the iſſu: then the Counſell which will ſhew it, ſhal ſay, This enqueſt ye ought not to take; And if it bee after verdict, then he may ſay, to iudgement you ought not to go. And becauſe ſuch many delaies were in ſuits, diuers ſtatutes are made to redreſſe them, aſwell in the time of king H. 8. in the 32 yere ca. 30. as in the time of the Queene that nowe is: wherof a man may ſaye as the Ciuilians ſay, that although Conſtantine the Emperor commanded the formes of the law to be cut off, yet the daily vſe of pleading doth ſéeme againe to recall them, or rather, ſome of them increaſe as y• heds of Hidra.

VNlawfull aſſemblie, is where people aſſemble themſelues together to do ſome vnlawfull thing againſt the peace, although that they execute not their purpoſe in déede.

IMparlance, is when an action of debt, treſpas, or ſuch like is brought againſt a man, & after that the plainlife hath counted or declared, the defendant prayeth the Court, that hee may haue time to put in his aunſwere to another daye in the ſame terme, or in the next terme following, this ſtay of aunſwere is called imparlance.

IMpriſonment, is no other thing, but the reſtraint of a mans libertie, whether it be in the open field or in the ſtockes, or cage in the ſtreates, or in a mans owne houſe aſwell as in the common gaole. And in all theſe places the partie ſo reſtrayned is ſaid to be a priſoner, ſolong as hee hath not his libertie fréely to goe at all times whether he will, without Baile, Mainpriſe, or other aucthoritie.

INfangthefe, that is, that theeues taken within your demeſne or • ee conuicted of theftes, ſhall bee iudged in your Court.

INformation, for y• Quéen is that, which for a common perſon • s called a declaration, and is not alwayes done directly by the Queene, or her Atturney, but rather by ſome other man, who ſueth or informeth as well for himſelfe vpon the breach of ſome penall lawe or Statute, wherein a penaltie is giuen to the partie that will ſue for the ſame, but no action of debt to re • ouer it, then it muſt be had by information.

IOintenants be wher two men come to any lands & tenements by one ioynt title: As if a man giue landes to two men and to their heires.

But Tenants in common bee where two men haue landes by ſeuerall titles, or by feoffement to ii. to haue & to holde the one halfe to one & his heires, & the other half to another and his heires, in all theſe caſes none of them knoweth his ſeuerall, as it ſhall be ſaid after.

And note wel, if there be two or thrée ioyntenants, and one hath iſſue & dyeth, then hee and thoſe ioyntenaunts that ouerline ſhall haue the whole by the ſuruiuor.

But if two iointenants make partitō betwéen thē by deed by agreement, then they be ſeuerall tenants.

But if one ioyntenaunt graunt that that belongeth to him to a ſtraunger, then the other ioyntenaunt and the ſtranger be tenants in common.

And though two tenants in cōmon be ſeiſed throghlie and of the whole, and none knoweth his ſeueral, yet if one die the other ſhall not haue the whole by the ſuruiuor, but his heir ſhall haue the halfe.

And ſo if there bee thrée Iointenaunts, and one of them maketh feoffement of his part to another, and the feoffee dieth, then his heire ſhall haue the third parte, and the other two bee ioyntenants as they were, becauſe that they two be ſeyſed by one ioint title.

Alſo if landes bee giuen to the Baron and to his wife, and the huſband alieneth and dyeth, the wife ſhal recouer the whole: but if they were iointenants before the couerture, then in ſuch caſe ſhée ſhall recouer but the halfe.

Alſo if land be giuen to the huſband & to his wife, and a third perſon, if the thirde perſon graunt that that belongeth to him, the one halfe paſſeth by this grant, for that, that the baron & his wife be but one perſon in the lawe, and in this caſe they haue nothing in right but ye halfe.

Alſo if two Iointenants bée of landes in a Towne which is borough Engliſh, where lande is deuiſable, and one by his teſtament deuiſeth that, that belongeth to him to a ſtrā ger and dieth, this deuiſe is void, and the other ſhall haue the whole by ſuruinor, for that the deuiſe may not take effecte till after the death of the deuiſor, and immediate after the death of the deuiſor, the right commeth to the other ioyntenant ſuruiuor, the which claymeth nothing by the deuiſor but in his own right by the ſuruinor: But otherwiſe it is of Parceners ſeiſed of lands deuiſable, cauſa qua ſupra.

INdicauit is a writ, and lieth where debate is betwéene ij. Clerkes in court Chriſtian of one Church, or part of a Church, for diſmes which amounteth at the leaſt to the value of the iiij part of the Church, & for that that the patron of the Clerke of the defendant ſhall léeſe his aduowſon if the clerk of the plaintife ſhall recouer it, he ſhall haue a writ directed to the clerke of the plaintife, or to the officers of the Court chriſtian, them commaunding to ceaſe their plée, vntill it is diſcuſt in the Kings court to whom the aduowſon belongeth, And the writte ſhalbe betwéene fower perſons, two ſhalbe patrons, and two ſhalbe clerkes. But this writ is not returnable: but if they ceaſe not their ſuit, he ſhall haue an Attachment.

IOinture is an eſtate and aſſurance made to a womā in conſideration of mariage for terme of her life▪ or otherwiſe, as is mentioned in the ſtatute 27. H. 8. cap. 10. whether it be before or after the mariage. And if it be after the marriage, then ſhee may at her libertie after the death of her huſband refuſe to take or haue the landes ſo aſſured for her iointure, & demaund her dower at the common law: But if it be made before mariage, then ſhée may not refuſe ſuch ioynture, nor haue dower according to the common law, vnleſſe that when ſhée bringeth her writte of dower, the defendant pledeth ſuch a plée that will not barre her of her dower, thē ſhe ſhalbe endowed: As if he ſay in barre, that her huſband was not ſeyſed of ſuch eſtate whereof ſhée might be endowed, or anie ſuch plée, & doth not ſhewe that ſhée hath a ioynture made &c. and therefore demādeth iudgement of that action, or iudgement if ſhée ſhalbe alſo endowed, or anie ſuch lyke plée &c. And this was the opinion of the right worſhipfull Maſter Brograue, at his Reading in Grayes Inne in ſummer An. 1567. 18. El. vpō a branch of the ſtatute made An. 27. H. 8. ca. 10. concerning iointures & dowers.

And by him of thoſe things whereof a woman may bée endowed, ſhée may haue iointure as of mines, veſturam terre, woodes, Townes, Iles, Meadowes, and ſuch like. Alſo of an aduow on, of a reuerſion depending vppon an eſtate for life, of a windmill, a high Chamber, a rectorie and ſuch other, and they are called Tenementes. Alſo of a villen, for hée is an hereditament. And of all theſe profite may come to the woman. But of thoſe thinges whereof no profite will come, but rather a charge, a iointure cannot be made.

THeft, is a wrongfull takyng awaie of an other mans goods, but not from his perſon, with a minte to ſteale them, agaynſt his will whoſe goods they were.

And thefie is in two ſorts, the one ſo called ſimply, and the other pety or little theft.

The firſt is where the thing ſtolē excéedeth ye value of xij. d. & that is felony.

The other (which is called little or petite theft) is where the thing ſtollen doeth not exceede the value of xij. d. and that is no felony.

LAſtage, that is to be quit of a certaine cuſtome exacted in faires & markets for carrying of thinges where a man will.

LEaſes bée graunts or demiſes by one which hath any eſtate in any hereditaments of thoſe hereditaments to on other for a leſſer time, and they be in diuers maners, that is to ſay for terme of life, for terme of yéeres, for terme of an others life, and at will.

Alſo a leaſe of lande is as good without déede as with déede.

But in a leaſe for terme of life, it behoueth to giue liuerte and ſeiſin vpon the lande, or elſe nothing ſhall paſſe by the grant, becauſe that they bée called freeholdes.

Alſo a leaſe of a common or rent, may not bee good without déede.

But of a Parſonage, it is good without déede, for that that the Church which is the principall, may paſſe well ynough without déede, and ſo the diſmes & offeringes which bée as acceſſarie to the Church.

But diſmes & offringes by thē ſ • lfe may not be let without déed as it is ſaid.

LEſsor, is hée that leſſeth landes or tenements to an other for terme of life, yéeres, or at will and he to whom the leafe is made, is called leſſée.

LEuant and Couchant is ſaide, whch the beaſtes or Cattell of a Straunger are come into an other mans grounde, and there haue remained a certaine good ſpace of time.

LIbertate probanda, looke for that in the title de Natiuo habendo.

LIuerie of ſeiſin, is a ceremonie vſed in conueyance of lands or tenements where an eſtate in fee ſimple, fée taile, or a fréeholde ſhall paſſe: and it is a teſtimoniall of the willing departinge by him: who makes the liuery from the thing whereof liuerie is made: And the receiuing of the liuery, is a willing acceptance by the other partie, of all that whereof the other hath diſmiſſed himſelfe: And was inuented as an open and notorious thing, by meanes whereof the common people might haue knowledge of the paſſing or alteration of eſtates from man to man, that thereby they might bée the better able to trie in whom the right and poſſeſſion of landes and tenementes were, if they ſhould bée impanelled in Iuries, or otherwiſe haue to do concerning the ſame.

The common maner of deliuerie of • eyſin is after this ſorte 〈…〉 e: If it bée in the open field where is no building or houſe, then one that can reade taketh the writing in his hande, if the eſtate ſhall paſſe by déede, and declareth to the ſtanders by the cauſe of their méeting there together &c. and then openly readeth the déede, or declare the effect thereof in Engliſh, and after that it is Sealed, the partie who is to depart from the grounde, taketh the deede in his handes together with a clodde of the earth▪ and a twigge or bowe if any bée there, and all this hée deliuereth to the other partie in the name of poſſeſſion or ſeyſin; according to the forme and effect of the déede which before them was there reād or declared, But if there bee • dwelling houſe or building vpon the land, then this is done there at the doore of the ſame; none being left at that time within the houſe, and the partie deliuereth all the aforeſaide together with the ring of the doore in the name of ſeiſin or poſſeſſion, and he that receiueth the liuerie entreth in firſt alone and ſhutteth too the doore, and preſently openeth it again, and letteth them in &c. If it be of a houſe whereto is no lande or grounde, the liuerie is made and poſſeſſion taken by the deliuerie of the ring of the doore and déede onely. And where it is without déede either of landes or tenementes, there the partie declareth by worde of mouth before witneſſe, the eſtate that he meaneth to departe with, and then deliuereth ſeiſin or poſſeſſion in maner as is beforeſaid: and • o the land or tenement doth paſſe as well where there is no déede as by déede, & that by force of the liuery of ſeiſin: It was agreed in Grayes Inne by the right worſhipfull Maſter Snagge, at his reading there in ſummer Anno 1574. that if a feoffor deliuer the deed in viewe of the lande, in name of ſeiſin that it is good, becauſe that he hath a poſſeſſion in himſelf. But otherwiſe it is of an Atturney, for hee muſt goe to the land, and take poſſeſſion himſelfe, before that hee can giue poſſeſſion to another, according to y• words of his warrant &c. And where liuerie of ſeiſin is by viewe, if the feoffée doe not enter after &c. nothing poſſeth, for he ought to enter indéede.

LOtherwite, that is that you may take amendes of him which doth defile your bondwoman without your licence.

MAhim, is where by the wrongfull • cte of another, any member is hurt or token away, whereby the partie ſo hurte is made vnperfecte to fight: As if a bone bee taken out of the heade: or a bone be broken in anie other parte of the body: or a foote, or hande, or finger, or ioynte of a foote, or any member bee cutte: or by ſome wounde the ſinewes bee made to ſhrinke, or other • e • ber, or the fingers made cr •• ked, or if anie eye be putte out, or the foreteeth broken, or anie other▪ thing hurte in a mans bodie by meanes whereof hee is made the leſ • e • bte • idefend himſelfe or offend his enemie.

But the cutting off of an eare, or noſe, or breaking of the hinder teeth, or ſuch lik • , is no • a • him▪ becauſe it is rather a deformitie of the • bodie▪ then diminiſhing of ſtrength; and that is comma • l • e tryed by beholding the partie by the Iuſtices. And if the Iuſtices ſtand in doubt whether the hurt be a ma ••• m or not, they vſe, • nd will of their great diſcretion take the helpe and opinion of ſo • ne ſkilful Surgeon • ▪ to conſider thereof, before they determine vpon the caſe.

MAinpriſe, is whē a men is arreſted by Capias, then the Iudges may deliuer his bodie to certaine men for to keepe and to bring him before them, at a certaine daie, and theſe b • e called mainp •• nors, and if the partie appear not at y• day aſſigned, the main pernors ſhalbe amer ••• .

MAnnour, is a thinge compounde of diuers things, as of a houſe, land arrable, Paſture, Meadowe, wood, rent▪ 〈…〉 ſon, court Baron▪ and ſuch like make a Man •• r. And this ought to be • by long continuance of 〈…〉 to the cōtrarſo whereof 〈…〉 memor • e cannot diſcerne: for at this days a Mannour cannot bee made, becauſe a Courte Baron cannot now be made, and a Mannour cannot b •• without a Court Baron, and ſuters or fréeholders, two at the leaſte, for if all the freeholdes except one e • cheat to the Lorde, or if hee purchaſe all except one, there his manor is gone, for that it cannot • e a manor without a court Baron (as is aforeſaid.) And • Courte Baron cannot bee holden but before ſuters, and not before • ne ſuter, & therfore where but one fréeholde or fréeholderis▪ there cannot bee a manor properly, although in common ſpéech it may be called a manor.

MAnumiſsion, is in two ſortes, the one is a manumiſſion expreſſed, the other a manumiſſion implied or ſecrete.

Manumiſſion expreſſed is when the Lord maketh a déede to his villeine to infranchiſe him by this word (manumittere) which is as much to ſay, as to le • one go out of another mās handes or power.

The manner of Manumitting or infranchiſing in olde time moſte vſually was thus: The Lord (in preſence of his neighbours) tooke the bondman by the head ſaying, I will that this man be frée, and therwith ſhoued them forward out of his handes, & by this hee was free without more ado • .

Manumiſſion •• plyed without this warde (Manumittere) is when the Lorde maketh▪ an obligation to his villeine to paye him money at a certaine day, or ſueth him where hee might enter without ſuit, or graunteth vnto his villeine an annuitie, or leaſeth lande to him by déede for yeres, or for life, and in diuers ſuch like caſes, the villeine thereby is made free.

MAximes be the foundations of the lawe, and the concluſions of reaſon, and are cauſes efficient, and certaine uniuerſall propoſitions ſo ſure and perfect, that they may not be at any time impeached or impugned, but ought alwayes to bee obſerued & holden as ſtrong principles and auctorities of them ſelues, although they cannot bee proued by force, of argument or demonſtrations logicall, but are knowen by induction by the way of ſence and memoris: As for example, it is a Maxime that i • a mā haue iſ •• two ſonnes by diuers women, and the one of them purchaſe landes in fee and dyeth without: iſſue, the other brother ſhall neuer bee his heire & • .

Alſo it is another maxime, that lands ſhall diſcēd from the father to y• ſonne, but not from the ſonne to the father, for that is an aſcention &c. And diuers like there be.

MAynour, is when a theefe hath ſtollen, and is followed with hue and criē and taken, hauing that ſound about him which he ſtole, that is called y• maynour▪ And ſ • w • commonly vſ • to •• ye▪ when wee finde 〈…〉 doing of an vnlawfull ac •• ▪ that we tooke him with the may • our, or manner.

MEſne, is where the owner of landes or tenements holdeth of one by certaine ſeruice • , and hee holdeth them of an other by like or other ſeruices, then hee which holdeth the lands is called tenant perauaile, and he of whome it is held is called Meſne, & he of whome the Meſne holdeth, is called cheefe lord. And in this caſe if the lorde aboue diſtraineth the tenant for the ſeruice of the Meſne, which ought to acquit him to the lord aboue, then the tenant ſhal haue a writ againſt the Meſne, which is called a writ of Meſne, & if he come not to acquit the tenant, then the meſne ſhall loſe the ſeruice of the tenant & ſhalbe foreiudged of his ſeigniory, & the tenant ſhalbee tenant immediate to the chiefe lord, & ſhal do the ſame ſeruice & ſuits as the Meſne did to the Lord.

MIſpriſion, is when one knoweth that another hath committed treaſon or felony, and will not diſcouer him to the Queene or to the Councell, or to any Magiſtrate, but doth concea • e the ſame. Diuers other offences be called miſpriſion, as when a Chapleine had fixed an old ſeale of a Patent to a new Patent of Non reſidence, and this was holden to bee Miſpriſion of Treaſon onely, and no counterfaytinge of the Queenes ſcale.

Alſo if a man know money to bee counterfait, and bring the ſame out of Irelande hyther into England, and vtter it in payment, this is but Miſpriſion of Treaſon, and no Treaſon, and ſo it is in diuers ſuch like caſes.

And in all caſes of miſpriſion of Treaſon, y• partie offendour ſhall forfaite his goods for euer, and the profits of his landes for terme of his life, & his body to priſon at the Quéens pleaſure.

And for Miſpriſion of felony or treſpaſſe, the offender ſhalbee cōmitted to priſon vntil he haue found ſureties or pledges for his fine, which ſhalbee aſſeſſed by the diſcretion of the Iuſtices before whome he was conuict.

And note that in euery Treaſon or felony is included Miſpriſiō, & where any hath committed treaſon or felony, the Queene may cauſe the ſame to bee indicted & arraigned but of Miſpriſion only if ſhe wil. See more hereof Stamford his firſt booke.

SHewing of deedes or Recordes, is, as if for example, an action of debt be broght againſt one vpō an obligation by one or by executors &c. there after that the plaintife hath declared, hee ought to ſhewe his obligation, & the executor y• teſtamēt to y• Court, & ſo it is of Recorde.

And the diuerſitie betwéene ſhewing of déedes or Recordes, & hearing of déeds or Records, is thus: he that pleades the deedes or record, or declares vpon it, to him it doth appertain to ſhewe the ſame. And the other againſt whome ſuch deede or record is pleaded or declared, & is thereby to be charged, may demaund hearing of the ſame deede or record, which his aduerſatie bringeth or pleadeth againſt him.

MOrtdaunceſter, Looke therefore in the title Coſinage.

MOnſtrauerunt, is a writ and it lyeth for the tenāts in auncien demeſne, and is directed vnto the lorde, him commaunding that he diſtrain not his tenant for to do other ſeruice that he ought not to doe, and they may haue this writ directed to the ſhirife that he ſuffer not the lorde to diſtraine the ſaide tenants for to doe other ſeruice. Alſo if the tenants cannot bee in quiet they may haue an attachment againſt the lorde to appeare before the Iuſtice, & all the names of the tenāts ſhall bee put in that writ, though but one of them be greeued onely.

Alſo if any landes in auncient demeſne be in variance betweene the tenants, then the tenant ſo greeued ſhall haue againſt the other a writ which is called of Right cloſe after the cuſtome of the manor, and that ſhall bee alway brought in the lords court and there he ſhall declare in the nature of what writ hee will, as his caſe lyeth, and this writ ſhall not be remoued but for a great cauſe or no power of the Court.

Alſo if the Lorde in another place out of auncient demeſne diſtraine his tenant to do other ſeruice then he ought, he ſhal haue a writ of right, called Ne iniuſte vexes, and it is a writ of right patent which ſhalbe tryed by battell or Grand aſſiſe.

MOrtmaine, is where lāds be giuē to a houſe of religion, or to another company which be corporate by the kings graunt, then the land is come into mortmaine, that is to ſaye in Engliſh, a dead hand, & then the king or the Lorde of whome the lande is holden, may enter as it appeareth by the Statute de Religioſis, Therefore ſée the ſtatute. Alſo if one make a feoffement vpon truſt to certain perſons to the vſe of a houſe of Religion, or to the vſe of any guyld or fraternitie corporate, then it ſhalbee ſaide mortmaine, and then hee ſhal run in the ſame paine, as it appeareth by the ſtatute Anno. 15. R. 2.

MVlier, is a word vſed in our law, but how aptly I cannot well learn: For according to the proper ſignification, Mulier is a defiled woman, like as it is vſed by Vlpianus in a certaine place after this ſort. If I thought that I had bought a Virgin when ſhe was a defyled woman, the bargaine was not good. Hereby you may ſée, that Mulier is a woman y• hath had the company of a man. But to leaue the right ſignification, Mulier is taken in our law for one that is lawfully begotten and borne: and is alwaies vſed in compariſon with a baſtard, onely to ſhew a difference betwéene them, as thus for example. A man hath a ſonne of a woman before marriage, that is called a baſtarde, and vnlawfull. And after he marrieth, the Mother of the baſtard, and they haue another ſonne, this ſeconde ſonne is called Mulier, that is to ſay lawfull, and ſhall bée heire to his father: but that other cannot bée heire to anie man, becauſe it is not knowen nor certeine in the iudgemēt of the law, who was his father, and for that cauſe is ſaid to bée no mās ſonne, or the ſonne of the people, and ſo without father, according to theſe old verſes.

To whom the people father is, to him is father none and all.

To whom the people father is, well fatherleſſe we may him call.

And alwayes you ſhall finde this addition to them (Baſtard eldeſt, & mulier yongeſt) when they be cō pared together.

MVrder, is a wilfull killing of a man vpon malice forethought, and ſéemeth to come of the Saxon worde Mordren which ſo ſignifieth: And Mordridus, is the murdered euen vntill this day amōg them in Saxonie, from whence we haue moſt of our words as hath bin often ſaid. Or it may be deriued of Mort and dire, as mors dira: Sée Stamford Plees of the Coron lib. 1.

NAtiuo habendo, is a writ, and it lieth where the villein or niefe of the Lorde is gone from him, then the Lorde ſhall haue this writte directed to the Shirife that he make his Lord to haue his villeine or niefewith al his goods. Alſo in this writ more villeins or niefes may not be demaunded then twayne, but as many villeynes or niefes as will, iointly may bring a writ De libertate probanda. Alſo if a villeyne or niefe bring his writ De libertate probanda, before that the Lorde bring his writ, then the villeine pl' ſhall be in peace till the comming of the Iuſtice, or elſe his writ ſhall not helpe him.

Alſo if a villeine haue tarried in auncien demeſne one yeere and a day without claime of the Lord, thē he cannot ſeiſe him in the ſaid fraunchiſe.

NE admittas is a writte directed to the Biſhop at the ſuite of one which is patron of any Church, and hée doubteth that the Biſhop will collate one his Clerke, or admit an other Clerke preſented by an other man to the ſame benefice: then hée that doubteth it ſhall haue this writ to forbid the Shirife to collate or admit any to that Church.

NOn omittas propter libertatem is a writ, and it lieth where the Shirife returneth vpon a writ to him directed, that hee hath ſent to the Baylife of ſuch a franchiſe which hath returne of writs, and he hath not ſerued the writ, then the plaintife ſhal haue this writ directed to the Shirife, that he himſelfe enter into the franchiſe and execute the kings writ.

Alſo the Shirife ſhall warne the Baylife that hée be before the Iuſtice at the day contayned in the writte, and if hée come not and excuſe himſelfe, then all the writtes iudicials which ſhall paſſe out of the Kinges court during the ſame plee, ſhalbe writs De non admittas &c. and the Shirife ſhal make execution of them hanging that plée.

NE iniuſte vexes, Looke therefore before in the title Monſtrauerunt.

NIefe, is a woman that is bounde, or a villeine woman, but if ſhe marrie a free man, ſhee is thereby made frée, becauſe that ſhe and her huſbande are but one perſon in lawe, and ſhee ought to bee of the ſame nature and condition in lawe to all intents that her huſbande is. But her huſbande is frée to all intents without anie condition in law or otherwiſe: and ſo by conſequens the wife ought to be, and is free according to the nature of her free huſbande, & then if ſhe were once frée & cleerely diſcharged of bondage to al intents, ſhee can not be niefe after without eſpeciall acte done by her, as diuorce, or confeſſion in court of record, and that is in fauour of liberty, and therfore a frée woman ſhall not bee bound by taking of a villeine to her huſbande: But their iſſue ſhalbe villeins as their father was, which is contrary to the Ciuil lawe, for there it is ſaid, the birth followeth the bellie.

Bondage or Villenage had beginning among the Hebrues, and his originall proceeding of Chanaan the Sonne of Cham, who becauſe that he had mocked his Father Noe to ſcorne, lying diſſolutelie when hee was drunk, was puniſhed in his Son Chanaan with penaltie of bondage.

NIſi prius, is a writ iudiciall, and it lieth when an inqueſt is empanelled and returned before the Iuſtices in the bench, then the plaintife or defendante maie haue this writte directed to the Shirife, him commanding that he cauſe the Countrey to come before the Iuſtices in the ſame countie, at their comming to be determined, and that for the eaſing of the enqueſt.

NOmination, is where one may in right of his Mannour or otherwiſe, nominate and appointe a worthy Clerke or men to a Parſonage, Vicarage, or ſuch like ſpirituall promotion. And note that this nomination ought to bee to another then the ordinarie, which other ſhall preſent him to the Ordinarie.

NOnabilitie, is where an actiō is brought againſt one, and the defendāt ſaith that the plaintife is not able to ſue a • ie action, and demandeth iudgment if he ſhalbe anſwered. There are ſixe cauſes of nonabilitie in the plaintife, as if hee bee an outlawe, or an alien borne, but that diſability is in actions reals and mixt onely, and not in actions perſonals, except hee be an alien enemie, or condempned in premunire, or profeſſed into an Abbey, Priorie or Fryarie, or excommunicate, or a villeine, and ſueth his Lorde, but this laſt is no plee for another that is not Lord to the villaine. See more hereof in Littleton. lib. 2. cap. 11.

BAre Contract, or naked promiſe, is where a man bargaineth or ſelleth his lands or goods, or promiſeth to giue to one money, or a horſe, or to build a houſe, or doe ſuch a thing at ſuch a day, and there is no recompence appointed to him for the doing thereof. As if one ſay to another, I ſell or giue to you all my landes or goods. And there is nothing appointed, aſſigned, or agreed vpon what the other ſhall giue or paie for it, ſo that there is not one thing for another, this is a naked Contract, and voide in lawe, and for not performance thereof no action lyeth, for of a naked Contract commeth no action.

NVſaunce, is where any man leuieth any wal or ſtoppeth any water, or doth anie thing vpon his owne grounde to the vnlawfull hurt and annoyance of his neighbour, he that is grieued may haue therof an aſſiſe of Nuſance. Alſo if he that make the Nuſance alien ye land to another, thē this writ ſhallbee brought againſt them both as it appeareth by ye ſtatute weſtminſter 2. chap 24.

Nuper obiit.

NVper obiit, is a writte and it lyeth where one hath manie heires, that is to ſay, manie Daughters or manie Sones, if it be in gauell kinde in Kent, and dyeth ſeiſed, and one heire entreth into all the lande, then the other that bee holden out, ſhall haue this writte againſt the coheire that is in. But a writ de Rationabili parte lyeth in ſuch caſe where the aunceſtor was once ſeiſed, and died not ſeiſed of the poſſeſſion, but in reuerſion.

ORedelfe, is where one claiymes to haue the ore that is founde in his ſoile or ground.

OVtfangthiefe, that is, that theeues or felons of your lande, or fee, out of your land or fée taken with felony or ſtealing, ſhall be brought back to your court and there iudged.

HEaring of recordes and deedes, is as for example, an action of debte bee brought againſt a man vpon an obligation, and the defendant appeares to the action, and thē praieth that he may hear the obligation wherewith the plaintife chargeth him.

So it is when as executors bring an action of debt, and the defendant demaundeth to heare the teſtament, vpon this demaunde it ſhall be read vnto the defendant. But if it be in another terme or after that the defendant hath imparled, then he ſhall not heare it. And ſo asis ſaid of deeds, is to be vnderſtood of Records that are alleaged againſt him.

OIer & Terminer, is a writ called in latin de Audiendo & terminando, & it lyeth where anie great or ſodaine inſurrection is made or any other ſodaine treſpaſſe which requireth haſtie reformation, thē the King ſhall directe a Commiſſion to certain men and Iuſtices to heare and to determine the ſame.

Note that euerie Iuſtices of Aſſiſe haue alſo one Commiſſion of Oier and determiner, directed to thē and diuers other inhabitantes within the ſhires, whereunto their circuite extendeth, whereof ech one of the Iuſtices of Aſſiſe are of the Quorum, for the hearing and determining of diuers offences, which may h • ppen in their circuite, which without yt commiſſion they could not.

QVale ius, is a writ and it lyeth where an Abbot, prior, or ſuch other ſhould haue iudgement to recouer l • nde; by the default of the tenant againſt whom the l • nde is demanded, then before iudgement giuen or execution awarded, this writ ſhal go forth to the eſchetor to enquire what right hée hath to recouer, and if it be • ounde that he hath no right, then the Lorde which ſhoulde haue the land if the tenant had aliened in mortmaine may enter as into land aliened into mortmaine, for this looſing by default is like alienation. See the ſtatute w. 2. ca, 32.

But a writ of Ad quod dampnum lyeth where one wil giue lāds to an houſe of religion, then this writ ſhall goe foorth to the Eſchetor, to enquire of what value the land is, & what preiudice it ſhall bée to the King.

QVare eiecit infra terminum is a writ, and it lyeth where one maketh a leaſe to another for terme of yeres, and the leſſor enfeoffeth another, and the feffee putteth out the termour, then the termour ſhall haue this writ againſt the feoffee, but if another ſtranger put out the termour, then he ſhall haue a writ de Eiectione firmae againſt him, and in thoſe two writs he ſhal recouer the terme and his dammages.

QVare impedit is a writ & it lieth where I haue aduowſon & y• parſon dieth and another preſenteth his clerke, or diſturbeth mee to preſēt, then I ſhal haue the ſaid writ. But Aſſiſe of darrain preſentment lyeth, where I or my aunceſtors haue preſēted before. And where a man may haue Aſſiſe of darrain preſentment, he may haue a Quare impedit, but not contrariwiſe.

Alſo if the plée be depē ding betweene two parties, and be not diſcuſſed within v •• moneths, then the Biſhop may preſent by laps, & he y• hath right to preſent, ſhal recouer his damages, as it appeareth by the ſtatute of weſt. 2. c. 5. therefore ſee the ſtatute. Alſo if hee that hath right to preſent after the death of the perſon, & bringeth no Quare impedit nor Darreine preſentment, but ſuffereth a ſtranger to vſurpe vpon him, yet he ſhal haue a writ of right of aduowſon, but this writ lyeth not, vnleſſe he claun to haue the aduowſon to him & his heires in fee ſimple.

QVare incumbrauit, is a writ, • it lyeth where two bee in plee for the aduowſon, and the Biſhop ad •• tt • th the clerke of one of them within the vi. monethes, then he ſhall haue this writ againſt the Biſhop, but this writ lyeth alway hanging the plee.

QVare non admiſit, in a writ, and it lieth where a man hath recouered on aduowſon, and he ſendeth his conuenable clerke to y• Biſhop to be admitted, & the Biſhop will not receiue him, the he ſhall haue the ſaide writ againſt the Biſhop. But a writ de Ne admittas lyeth, where ii • e in plee, if the pl • intife ſuppoſe that the Biſhop will admitt the clerke of the defendant, then hee may haue this writ to the Biſhop, comaunding him not to admit him hanging the plee.

QVarentine, is where a man dyeth ſeiſed of a maner place & other lands, whereof the wi • e ought to be endowed, then the woman may abide in the maner place, & there liue of the ſtore & profits thereof, the ſpace of x • . dayes within which time her dower ſhal be aſſigned, as it appeareth in Magna Charta; cap. • .

QVid iuris clamat, is a writ, and lyeth where I graunt the reuerſion of my tenant for terme of life by fine in the kings-co ••• , & the tenāt wil not ••• orn, then the gran • ee ſhall h ••• this writ for to compell him to atturne▪ But • writ of Que • ▪ r • ddit ••• reddit •• th wher I grant by fine a rent charge, or another rent which is not •• t ſeruice which my tenaunt holdeth of mee, and the tenant will not atturne, then the grauntee ſhall haue this writ. And a writ of Per que ſeruit • a lyeth in like caſe for rent ſeruice.

Alſo if I graunt foure diuers rents to one man, & the tenant of the land atturneth to the grauntée by payment of a penye, or of an halfe penie in the name of attornement of all the rents, this attornmēt ſhall •• t him in ſeiſin of all the rent. But theſe iii. writs •• ght to be broght againſt thoſe which are tenants at the day of y• note leuied, & againſt none others.

FIfteene, is a payment graunted in Parlyament to the Queene by the temporaltie, namely, the fifteenth part of their goods: And it was vſed in auncient time to bee leuyed vpon their cattell going in their groundes, which thing was verie troubleſome▪ and therefore nowe for the moſt parte, that way is altered and they vſ • to leuye the ſame by the yarde▪ or Ic • e • or other meaſure of land. By meanes whereof it is nowe leſſe troubleſome, & more certeine the • before it was. And euerie Towne and Countrey doe knowe what ſumme is to bee paied among them, and how the ſame ſhalbe rayſ • d. wée read that Moiſes was the firſt that did nuber the people, for •• ••• bred the Iſraelites, and therefore the firſt Taxe, ſubſidie, tribute, or fiftéene was inuēted by him amōg the Hebrews, as P • l • dore Virgill doth thinke.

QVod ei deforciat, is a writ, & it lieth where the tenaunt in the Ta ••• , tenaunt in Dower, or tenant for terme of l •• lée • eth b • defaut in anie action, then •• that l •• ſeth ſhall haue this writie agaynſt him that recouereth, or againſt his heire, if he think that hee hath better right then hee which recouered. Sée the Statute weſt. 2. cap. 4.

QVo iure is a writ, and it •• eth where a man hath had common of paſture in an other ſeuerall of 〈◊〉 within the time of memorie, then hée to whom belongeth the ſeuerall ſhall ha • e this writ, and he ſhalbee c ••• ged to ſhewe by what title hee claimeth the common.

QVo minus is a writ, and it •• eth where a man hath graunted to another houſ •• ote & hey • o • e in his wood to take • uerie yéere, & he that made the graunt maketh ſuch w • ſt a • d diſtruction that the grauntée cānot haue his reaſonable eſtouers, then the grauntée ſhal •• ue the foreſaid writ, and it is in manner of a writ of waſt.

And note that houſebote is called certaine eſtouers to mend the houſe.

And heybote is certaine eſtouers to mend heis and hedges.

QVo warranto is a writ, and it lyeth where a man vſurpeth to haue anie fraunchiſe vppon the King, then the King ſhall haue this writte, to make him to come before his Iuſtices, for to ſhew by what title he claymeth ſuch franchiſe.

RAtionabilibus diuiſis is a writ, & it lieth where there are two Lordſhips in diuers Townes, and one nigh the other, and anie parcel of one Lordſhip, or of waſt hath béene incrocht by litle parcels, then the ſame Lord from whom the parcell of ground or of waſt hath bene encroched, ſhall haue this writte againſt the Lord that hath ſo encroched.

REgrator is hée that hath corne, vittayles, or other thinges ſufficient for his owne neceſſarie néede, occupation, or ſpending, and dothe neuertheleſſe ingroſſo and buy vp into his handes more Corne, vittayles, or other ſuch thinges, to the intent to ſell the ſame againe at a higher and déerer price, in Faires, Markets, or ſuch like places. Whereof ſée the ſtatute 5. Edw. 6. cap. 14. for hée ſhalbe puniſhed as a forſtaller.

REioinder, is when the defendant maketh aunſwere to the replication of the plaintife.

And euerie Reioinder ought to haue theſe two properties ſpecially, that is to ſay, it ought to be a ſufficient aunſwere to the replication, and alſo to follow and enforce the matter of the barre.

REliefe, is ſometimes a certaine ſumme of money that the heire ſhal paye to the Lord of whom thoſe Landes are holden, which after the deceaſe of his anceſtour are to him diſcended as next heire, ſometimes it is the payment of another thing, and not money: And therefore reliefe is not certayne, and alike for all tenures, but euerie ſundrie tenure hath (for the moſte parte) his ſpecial Reliefe certaine in it ſelfe, Neither is it to bee paide alwayes at a certain age, but varieth therein alſo according to the tenure. As if the tenaunt had Landes holden by Knightes ſeruice (excepte graunde Serieantie) and die, his heire being at full age, & h • ld his lande by the ſeruice of a whole knights fee, the lord of whom theſe landes are ſo holden ſhall haue of the heire C. s. in the name of the relief, and if he held by leſſe then a knights fee, hee ſhall pay leſſe, and if more, then more, hauing reſpecte alwaies to the r • te for euerie knightes fée • n hundred ſhillings. And if hee helde by Graund Serieantie (which is alw • ies of the Quéene, and is alſo Knights ſeruice) then the reliefe ſhall be the value of the land by the yeer • ▪ •• ſides all charges 〈…〉 out of the ſame.

Alſo if a man holde •• the King in chief, and of other Lords the King ſhall haue the warde of all the landes, and the heire ſhall pay reliefe to all the Lords at his ful age, but the lords ſhal ſue to the King by petition and ſhal haue the rēt for the time that the inf •• t was in ward.

And note that alwayes when the reliefe is due, it muſt bee paid at one who •• payment and not by parts, althogh that the rent be to be paid at ſeueral feaſts.

REmainder, of land is the lande that ſhall remain after the particuler eſtate determined: As if one graunt lande for terme of yeres or for life, y• remainder to I. S. that is to ſay, that whē y• leaſe for yeres is determined, or leſſee for life is deade, that then the land ſhall remaine, ſhall be, or abide with, to, or in I. S. See Reuerſion.

REmitter, is when a man •• hath two titles to anie land, & he commeth to the lande by the laſt title, yet ſhe ſhall bee iudged in by • orte of his elder title, and that ſhall bee ſaide to him a remitter, as it the tenaunt in the taile diſcontinue the tayle, and after diſſeiſeth his diſcontinue and dieth thereof ſeiſed, & the landes diſcendeth to his iſſue or coſin collateral by force of the taile, in that caſe hee is in his remitter, that is to ſay, ſeiſed by force of the taile, and the title of the diſcontinue is vtterly •• nulled and defeated, and the reaſon and cauſe of ſuch remitter is, for that that ſuch an heire is tenant of the land, & ther is no perſon tenant againſt whom he may ſue his writ of Formedon for to recouer the eſtate tayle, for hee may not haue an action againſt himſelfe. Alſo if tenant in the tail infeoffe his ſon or heire apparant in the taile which is within age & after dieth, that is a remitter to the heire. But if he were of full age at the 〈…〉 of ſuch feoffement; it is •• remitter, for that that i • was his foli •• , that hee being of 〈…〉 age, would 〈…〉 ſuch a feffement. Alſo i • the baron alien landes that hee hath in the right of his 〈…〉 ; and after take an e • ſtate againe to him and to his wife for terme of the • liues, that is a remitter to the 〈…〉 for that that this alienation is the •• te of the baron on 〈…〉 of the 〈…〉 for no follie 〈…〉 adiudged in the woman during the 〈…〉 of her 〈…〉 , but if ſuch alienation bee by fine in court of Record, ſuch a taking againe afterward to the 〈…〉 and wife for terme of their 〈…〉 , ſhall not make the woman to bee in her remitter; for that in ſuch a fine the womā ſhalbe examined by the Iudge, and ſuch examinations in fines, ſhal exclude ſuch women for euer. Alſo when the entre of any man is lawfull, and he taketh an eſtate to him when he is of full age, if it be not by • éede indented, or matter of Recorde, which ſhall eſt oppe him, that ſhall bee to him a good remitter.

REnts, be in diuers manners, that is, rent ſeruice rente charge, and rent ſecke.

Rent ſeruice is, where the tenaunt in fee ſimple holdeth his land of his lord by fealty and certaine rent, or by other ſeruice and rit, and then if the rente of the tenant be behinde; the lorde may diſtraine for the rent, but for that hee ſhall not haue an action of debt.

Alſo if I giue lande in taile to a man paying to me certain rent, then ſuch rent is, rente ſeruice. But in ſuch caſe it behooueth that the reuerſion bee in the donour, for if a man make a feoffement in fee, or a gi • t in taile, the remainder ouer in fée without déede, reſeruing to him a certain rent, ſuch reſeruation is voyde, and that is by the ſtatute Quia emptores terrarum, and then hée ſhall holde o • the Lord of whom his donour held.

But if a man by déed indent at ſuch a day make ſuch gifte in taile, the remainder ouer in fee, or leaſe for terme of life, the remainder ouer, or a feoffement, and by the ſame indēture reſerue to him rent, and that if the rent bee behinde that well it is lawfull to him to diſtrain, th •• ſuch rent is rent charge.

But in ſuch caſe, if there bee not anie ſuch clauſe of diſtreſſe in the déede, then ſuch rente is called rente ſecke, and for ſuch rente ſeck hee ſhal neuer diſtrain but if hee were once ſeiſed hee ſhall h • ue aſſiſe. And if hee were not ſeiſed, he is without remedie.

Alſo if one grant a rent going out of his lande with clauſe of diſtres, that is rent charge, and if the rent be behinde, the grauntée may chooſe to diſtraine or ſue a writte of Annuitie, but hee cannot haue both, for if hee bring a writte of Annuity, then the lande is diſcharged. And if hee diſtraine and auowe the taking in the court of recorde then the land is charged, & the perſon of the grauntor diſcharged.

Alſo if one grant a rente charge, & the grauntée purchaſeth half of the land, thē all the rent is extinct.

But in rent ſeruice if the Lorde purchaſe parcell of the land, then the rent ſhall be apporcioned.

But if one hath a rente charge and his father purchaſe parcel of the land and that parcell diſcende to the ſonne which hath the rente charge, then the rente ſhall bee apporcioned according to the value of the lande as it is ſaid of rent ſeruice, for that that the ſon commeth to that not by his owne act, but by diſcent.

Alſo if I make a leaſe for terme of yeeres reſeruing to mee certaine rent, that is called a rent ſeruice, and for that it is at my libertie to diſtraine for the rent, or to haue an action of debt, but if the leaſe be determined, and the rent bee behinde, then I cannot diſtrain, but ſhalbe put to my action of debt.

And note well, that if the Lorde bee ſeiſed of the ſeruice and rent before ſayde, and they bee behinde, and he diſtraine, and the tenant reſcueth the diſtreſſe hee may haue Aſſiſe, or a writ of Reſcous, but it is more neceſſarie for him to haue aſſiſe then a writte of reſcous, for that by aſſiſe he ſhall recouer his rent and his damages, but by a writ of reſcous hee ſhall not recouer but the thing and the damages.

And note wel, that if the Lorde bee not ſeiſed of the rent and ſeruice, and they be behind, • nd he diſtraine for them, and the tenaunt take again the diſtreſſe, he ſhall not haue aſſiſe, but a writ of reſcous, & ſhall not néede to ſhew his right.

And note well, that if the Lorde may not finde a diſtreſſe by two yeere, hee ſhal haue againſt the tenāt a writ of Ceſſauit per biennium, as it appeareth by the ſtatute of weſt. 2. cap. 21. And if the tenaunt die in the meane time and his iſſue enter, the Lorde ſhall haue againſt y• iſſue a writ of Entre vpon Ceſſauit, or if the tenant alien the lord ſhal haue againſt y• alienée the foreſaide writ. But if the lord haue iſſue and die, and the tenant bee in arrerages of the ſaide rent and ſeruice in the time of the father of the iſſue, and not in the time of the iſſue, hee may not diſtraine for the arrerages in ye time of his father, & he ſhall haue none other recouery againſt the tenāt or any other, for that that ſuch aduantage is giuen by the law to the tenāt. And note well that rente ſeruice is that to the which belongeth fealtie, but to rent charge and rent ſecke belongeth not ſealtie, but it belongeth to rent ſeruice of common right.

And note that if a man diſtraine for rent charge, & the diſtres be taeen againſt his will from him, and hee was neuer ſeiſed before, he hath no recouery but by writ of Reſcous, for the diſtreſſe firſt takē giueth not to him ſeiſin, only if he hap the rent before, for if hee were ſeiſed of the rent before, and after the rent bee behind, and hee diſtraine, & reſcous to him be made, he ſhall haue Aſſiſe, or a writ of Reſcous.

And note well that in euery Aſſiſe of rent charge & annuall rent, or in a writ of Annuitie, it behoueth to him that bringeth the writ to ſhew forth an eſpecialtie, or eis he ſhall not maintain the Aſſiſe. But in an Aſſiſe of Mortdaunceſtor or Formedon in the diſcender, or other writs (in ye which title is giuen or compriſed) brought of rente charge, or annuall rente, it needeth not to ſhewe the eſpecialtie.

And note well that if a man grant a rent charge to another, and the grauntée releaſe to the grauntor parcel of the rēt, yet al the rent is not extinct.

And note well, that if rent charge be graunted to two iointly, and the one releaſe yet the other ſhall haue the halfe of the rente. And alſo if the one purchaſe the halfe of the land whereof the rente is going out▪ the other ſhall haue the halfe of the rente of his companion: and if the diſſeiſor charge the lād to a ſtranger, and the diſſeiſie bring an aſſiſe and recouer, the charge is defeated. But it hee that hath right, charge the land, and a ſtraunger faine a falſe action againſt him, and recouer by defaulte, the charge abideth. And note well, that in caſe that partition bee betweene two parceners, and more lande be allotted to one then to the other, & ſhee that hath more of the lande▪ chargeth her land to the other, and ſhee happeth the rent, ſhee ſhall maintaine Aſſiſe without eſpecialtie.

And it is a rent ſecke, where a man heldeth of me by homage, fealty & other ſeruice, yelding to me acerteine rent by the yeere, & I grant this rent to another, reſeruing to me the ſeruice.

And note well that if rent ſecke be graunted to a man and to his beires and the rent bee behinde, and the grauntour dye, the heire may not diſtreine nor ſhall recouer the arrerages of the time of his father, as it is before ſaide of rent ſeruice.

And in the ſame manner it is to ſaye of rent charge or annuall rent: But in all theſe rents before ſaide the heire may haue for the arrerages in his owne time ſuch aduantage as his father had in his life. See the Statute 32. H. 8. cap. 37.

And note well, that in rent ſeche, if a man be not ſeiſed of the rent, and it be behinde, hee is without recouerie, for that that it was his owne folly at the beginning when the rent was graunted to him or reſerued, that he tooke not ſeiſin of the rent, as a penie or two pence.

And note well that a man may not haue a Ceſſauit per biennium, or another writ of Entre ſur Ceſsauit for no rent ſecke behind by two yeeres, but onely for rent ſeruice, as it appeareth in the Statute W. 2. cap. 21.

And note well that in rent ſecke it behoueth him that ſueth for the rent ſeck for to ſhewe a deede to the tenaunt, or els the tenant ſhall not bee charged with the rent, but where the rent ſecke was rent ſeruice before, as in this caſe: Lord, meſne and tenant, and euery of them holdeth of other by homage and fealtie, and the tenant of the meſne by x. s. of rent, the Lorde paramont purchaſeth ye landes or tenementes of the tenant, all the ſeigniorie of the meſne but the rent is extinct: And for this cauſe this rent is become rent ſecke, and the rent ſeruice changed, for hee may not diſtraine for this rent, and in this caſe hee that demaundeth the rent ſhall neuer be charged to ſhewe a deede.

Alſo in a writ of Mordaunceſtor, Aile, or Beſail, of rent ſecke, it needeth not to ſhewe a ſpecialtie, for that theſe writtes of poſſeſſion doe comprehend a title within themſelues, that is to ſay, that the aunceſtour was ſeyſed of the ſome rent, and continued his poſſeſſion, becauſe of which ſeyſin the lawe ſuppoſeth that it is alſo auerable by the countrey.

Yet learne, for ſome ſuppoſe that it behooueth of neceſſitie to ſhewe foorth a déede, for that that rent ſeck is a thing againſt cō mon right, aſwell as rent charge.

But in Aſſiſe of Nouel diſſeiſin, and in a writte of Entre ſur diſſeiſin brought of rent ſeck, it behoueth of neceſſitie to ſhewe foorth a déed, for that that rent ſeck is a thing againſt a commō right, except in the caſe before ſaid, where it was rent ſeruice before.

And Aſſiſe of Nouel diſſeiſin, and a writ of Entre ſur diſſeiſin, containe within them no title, but ſuppoſe a diſſeyſin to be done to the plaintife, and of the intendement of the lawe the diſſeyſin gyueth no cauſe of auerment againſt common right, but of neceſſitie it behoueth to ſhew foorth a déede.

REpleuin is a writ, and it lyeth when any man diſtrayneth another for rent or other thing, then he ſhall haue this writ to the Shirife to deliuer to him the diſtres, and ſhall finde ſuretie to purſue his action, and if he purſue it not, or if it bee founde or iudged againſt him, then he that tooke the diſtreſſe ſhall haue againe the diſtreſſe, & that is called the returne of the beaſtes, & he ſhall haue in ſuch caſe a writ that is called Returno habendo.

Alſo if it be in any franchiſe or bailiwike, the partie ſhall haue a Repleuin of the Shirife direct to the Baylife of the ſame franchiſe for to deliuer them again, & he ſhall finde ſuertie to purſue his actiō at the next countie. And this Repleuin may be remoued out of the coūty vnto the common place by a writ of Recordare.

Looke more of Repleuin in the title Diſtres.

Alſo a writ of Homine replegiando lyeth where a man is in priſon & not by ſpeciall cōmandement of y• king, nor of his iuſtice, nor for the death of a man nor for the kings foreſt nor for ſuch cauſe that is not repleuiſable, then hee ſh • ll haue this writ directed to the ſhirife y• hee cauſe him to be repleued: this writ is a Iuſticies & not returnable, & if the ſhirife do it not, then there ſhall goe foorth another writ, ſicut alias, & afterward another writ ſicut pluries vel cauſam nobis ſignifices, which ſhalbe returnable, & if y• ſhirife yet make no repleuin, then there ſhall go forth an attachement againſt y• ſhirife directed to the Coroners to attach the ſhirife & to bring him before y• Iuſtice at a certain day▪ & further more y• they make execution of the firſt writ.

REplication, is when the defendant in any action maketh an aunſwere, and the plaintife maketh an aunſwere to that, that is called the Replication of the plaintife.

REpriſes, ar • deductions, payments, and duties that goe yeerely and are paide out o • a manor. As rent charge, rent ſecke, pē tions, corodies, annuities, fées of ſtewards, baylife, & ſuch like.

REceite, is when any action is brought againſt the tenant for terme of life, or tenāt for terme of yeres, and hée in the reuerſion commeth in and praieth to be receiued for to defende the lande and for to plead with the demaundant. Alſo when he commeth it behooueth that he be alway ready to plead with the demaundant.

REſcous, is a writ and it lyeth when anit man taketh a diſtreſſe and another taketh it againe from him and will not ſuffer him to bring the diſtreſſe with him, then hee doth to him reſcous and vpō that he may haue this writ and ſhall recouer dāmages. Alſo if one diſtraine beaſtes for dammage feſant in his ground, & driueth them in the hie way for to unpoūd them, and in going they enter into the houſe of him whoſe they be, & he withholdeth them there & will not ſuffer the other to impound thē then that withholding is a reſcous.

REſeruation, is taken diuers waies, and hath diuerſe natures, as ſometimes by waie of exception to kéepe that which a man had before in him, as if a leaſe bée made for yeares of grounde reſeruing the great trées growing vppon the ſame, now the leſſée may not meddle with them, nor with any thing that commeth by reaſon of them ſo long, as it abydeth in, or vpon the trées, as maſt of Oke, Cheſtnu • , Appels, or ſuch like, but if they fall from the trées to the ground then they are in righte the leſſées, for the ground is let to him, and all there vpon not reſerued &c.

Sometimes a reſeruation doth get and bringe foorth an other thinge which was not before. As if a man leaſe his landes reſeruing yéerely for the ſame xx. li. &c. And diuers other ſuche reſeruations there be.

And note that in auncient time, their reſeruations were as well (or for the more parte) in vitualles, whether fleſh, fiſh, Corne, Bread, Drinke, or what elſe, as in money▪ vntill at the laſt, & that chiefly in the Raigne of King Henrie the firſt by agréement, the reſeruation of victuals was changed into ready money▪ as it hath hitherto ſince continued.

REtraxit, is the preterperfectence of Retraho, compounded 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 his plée is, and ſaith that he will not procéede any farder in the ſame &c. nowe this ſhall be a barre to the action for euer.

REeue is an Officer, but more knowen in auncient time then at this day. For almoſt euerie manor had then a Réeue, and yet ſtill in many Copiholde manors (where the old cuſtome any thing preuayleth) the name and office is not altogether forgottē ▪ And is in effect that which nowe euery Baylife of a manor practiſeth▪ although the name of Baylife was not then in vre among vs beyng ſince brought in by the Normans: But the name of Réeue, aunciently called Gereue (which particle (Ge) in continuance of time was altogether left out and loſt) came from the Saxon worde Gereſa. which ſignifieth a ruler: And ſo in déede his rule and aucthoritie was large within the compaſſe of his Lords mannor and among his menne and tenantes as well in matters of gouernement in peace and warre, as in the ſkilfull vſe and trade of huſbandrie: For as hée did gather his Lordes rentes, paie Repriſes, or duties iſſuyng out of the mannour, ſet the ſeruauntes to worke, fell and cutte downe Trées to repayre the buyldinges, and encloſures, with diuerſe ſuch lyke for his Lordes commoditie: So alſo hée had aucthoritie, to gouerne and kéepe the tenauntes in peace, and if néede required, to lead them foorth in warre.

REuerſion of lande, is a certaine eſtate remayning in the leſſor or donor, after the particuler eſtate and poſſeſſion conueyed to an other by leaſe for lyfe or yéeres, or gift in tayle.

And it is called a Reuerſion in reſpecte of the poſſeſſion ſeperated from it: ſo that hée that hath the one hath not the other at the ſame time, for being in one bodie together, there cannot bee ſaid a reuerſion, becauſe by the vniting, y• one of thē is drowned in the other: And ſo the reuerſion of land, is the lād it ſelfe when it falleth.

RIot is where thrée (at the leaſt) or more doe ſome vnlawfull acte: as to beate a man, Enter vpon the poſſeſſion of an other, or ſuch like.

RObberie, is when a mā taketh anie thing from the perſon of an other feloniouſlie, although the thing ſo taken bée not to the value but of a penye, yet it is felonie, for which the offendour ſhall ſuffer death.

ROut, is when people doe aſſemble themſelues together & after do procéed or ride, or go forth, or do moue by the inſtigation of one or more, who is their leader: This is called Rout, becauſe they doe moue, and procéed in Routes & numbers.

Alſo where many aſſemble themſelues together vpon their owne quarels & brauls, as if the inhabitants of a towne will gather thēſelues together, to breake hedges, pales or ſuch like to haue common there, or to beate another that hath done to them a commō diſpleaſure or ſuch like, that is a Rout and againſt the lawe although they haue not done or put in execution their miſchieuous entent. Sée the ſtatute 1. Mar. ca. 12.

SAke, this is a plée and correction of treſpaſſe of men in your court, becauſe (Sak) in Engliſh is Acheſon in french, and ſak is put for Sik, as to ſay for ſik, ſak, alſo for what hurt, and Sak is put for forfait.

SCire facias, is a writ iudicial going out of the record, and it lieth where one hath recouered debt or damages in y• kings court, & he ſueth not to haue execution within the yéere & the day, thē after the yéere and day he ſhal haue y• ſaid writ to warne the party, & if the partie come not, or if hee come & nothing ſay to diſcharge or ſtay the executiō, then he ſhall haue a writ of Fieri facias directed to the ſhirife him commaunding that he leuie the debt or damages of the goods of him that hath loſt.

Alſo the writ of Fieri facias lieth within the yéere without any ſcire fac' ſued.

Alſo if the ſumme of the ſame debte or damages may not bée leuied of the goods of him that hath loſte them, he may haue a writte of Elegit directed to the Shirife, that he cauſe him to deliuer the one halfe of his lands and goods except his oxen and implements of his cart.

Alſo when one hath recouered debte or damages in an action parſonall (where y• proces is a Capias) he may haue an other writ of Execution called a Capias ad ſatisfaciendum for to take the body of him that is ſo condempned, which ſhalbe committed to pryſon there to abide without baile or mainpriſe til that he hath ſatiſfied the partie.

Alſo when one hath iudgement to recouer anie landes or tenementes, he ſhall haue a writte called Habere facias ſeiſinam direct to the ſhirife, him commanding to deliuer to him ſeiſin of the ſame lande ſo recouered, Sée more of yt in the title Fieri facias, and in the title Execution.

SCot, that is to bée quite of a certaine cuſtome, as of common tallage made to the vſe of the Shirife or Bailife.

TO hold by knights ſeruice, is to holde by homage, fealtie, and eſcuage, and it draweth to it ward, mariage, and reliefe, And note that Knightes ſeruice, is ſeruice of landes or tenementes to beare armes in warre in the defence of the Realme, and 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. yéeres. And to the ende that the Lorde ſhall not léeſe that that of right hée ought to haue, and that the power of the realme, be nothing weakened, The lawe will becauſe of his tender age, that the lord ſhall haue him and his lands in his ward till the full age of him, that is to ſay xxi. yeeres.

Looke of that more in the title Graund ſeriantie, and the title of Eſcuage.

SHewing, that is to bée quite with attachment in any court, and before whom ſoeuer in plaintes ſhewed and not auowed.

SOk, this is ſuite of men in your Court, according to the cuſtome of the Realme.

SOkmans, are the tenants in auncient demeſne, that holde their landes by Socage, that is by ſeruice with the plough, and therefore they are called Sokmans, which is as much to ſay as tenants or men that holde by ſeruice of the plough, or plowmen: For Sok ſignifieth a plough.

And theſe Sokmans or tenants in auncient demeſne, haue many and diuers liberties gyuen and graunted to them by the lawe, aſwell theſe tenants that holde of a common perſon in auncient demeſne, as thoſe that holde of the Quéene in auncient demeſne, as namely to be frée from paying tolle in euerie Market, Faire, Towne, & Citie throughout the whole Realme, aſwell for their goods and cattels that they ſell to others, as for thoſe thinges that they buy for their prouiſion, of other. And thereupon euery of them may ſue to haue letters patents vnder the Quéenes ſeale directed to her Officers, and to the Maiors, Baylifes, and other Officers in the Realme to ſuffer thē to be tolle frée.

Alſo to be quite of pontage, murage, and paſſage, as alſo of taxes and Tallages graunted by Parliament, except that the Quéene taxe auncient demeſne, as ſhée may at her pleaſure for ſome great cauſe.

Alſo to be frée from paimentes towardes the expences of the Knights of the Shire that come to the Parliament.

And if the Shirife will diſtraine them, or any of them to bee contributorie for their landes in auncient demeſne, then one of them or all as the caſe requireth, may ſue a writte directed to the ſhirife commaunding him that hée do not compell them to be contributories to the expences of the Knightes. And the ſame writte doth commaund him alſo, that if hee haue alreadie diſtrayned them therefore, that he redeliuer the ſame diſtreſſe.

Alſo that they ought not to bee impannelled, nor put in Iuries and enqueſts in the countrey out of their Mannour or lordſhip of auncient demeſne, for the landes that they holde there (except that they haue other landes at the common law, for which they ought to bee charged) And if the Shirife doe returne them in panels, then they may haue a writte directed to him de non ponē dis in aſsiſis & iuratis: And if he doe the contrarie, then lyeth an attachment vpon that againſt him.

And ſo it is alſo if the Bailifes of Franchiſes that haue returne of writs will returne anie of the tenaunts which holde in ancient demeſne in Aſſiſes or iuries.

And alſo to be exempt frō Leetes and the Shirifes turne, with diuers other ſuch like liberties.

TO holde in Socage is to hold of anie Lord lands or tenementes, yeelding to him a certain rēt by ye yere for all manner of ſeruices.

And note well, that to holde by Socage is not to holde by knightes ſeruice, nor to it belongeth warde, mariage, nor reliefe, but they ſhal double once their rent after the death of their aunceſtor, according to that that they bee wont to pay to their Lord.

And they ſhal not be ouer meaſure grieued, as it appeareth in the Treatile of wardes and reliefe.

And note well that Socage may be ſaid in 3. manners, that is to ſaye: Socage in frée tenure, Socage in ancient tenure, and Socage in baſe tenure.

rent for all manner of ſeruices, as is before ſaide, and of that the next kinnes bodie ſhall haue the warde to whom the heritage may not diſcende, till the age of xiiii. yéeres, that is to ſay: if the heritage come by the parte of the Father, they of the parte of the Mother ſhall haue the warde, And contrariwiſe.

And note well that if the gardian in ſocage do make waſt, he ſhal not be impeached of waſt, but hee ſhall yeelde accompt to the heire when hee ſhall come to his ful age of xxi. yeres. And looke the ſtatute of Marleb. cap. 17. for this matter.

Socage of auncient tenure is that where the people in auncient demeſne helde, which vſe no other writte to haue then the writte of Right cloſe, which ſhall bee determined according to the cuſtome of the manor, and the Monſtrauerunt for to diſcharge them when their Lord diſtraineth them for to doe other Seruices that they ought not to doe.

And this writ of Monſtrauerunt ought to bee brought againſt the Lord▪ and theſe tenants holde al by one certaine ſeruice, and theſe be free tenants of ancient demeſne.

Socage in • aſ • tenure is wher a man holdeth in ancient demeſne, that maye not haue the Monſtrauerunt, and for that it is called the baſe Tenure.

SPoliation, is a ſuite for the fruites of a Church, or for the church it ſelf, and it is to bee ſued in the ſpirituall Court, and not in the temporall Courtes. And this ſuite lyeth for one incumbent agaynſt another incumbent, where they both claime by one patron, and where the right of the patronage doth not come in queſtion or debate. As if a Parſon bee created a Biſhop, and hath diſpenſation to kéepe his benefice ſtill, and afterward the Patron preſents another incumbent which is inſtituted, and inducted: Nowe the Biſhoppe maie haue againſt that Incumbent a Spoliation in the Spirituall Courte, becauſe they claime both by one Patron, and the right of the patronage doth not come in debate, and becauſe that the other incumbent came to the poſſeſſion of the benefice by the courſe of the Spirituall Lawe, that is to ſaie, by inſtitution and induction, ſo that he hath colour to haue it and bee Parſon by the ſpirituall Lawe. For otherwiſe if he be not inſtituted and inducted &c. Spoliation lyeth not againſt him, but rather a writ of Treſpaſſe, or an aſſiſe of Nouel diſſeiſin &c.

So it is alſo where a perſon which hath a pluralitie doeth accept an other benefice, by reaſon whereof the Patron preſents another clerke, who is inſtituted and inducted, now the one of them may haue Spoliation againſt the other, and then ſhall come in debate if hee haue a ſufficient pluralitie or not. And ſo it is of depriuation &c.

The ſame law, is where one ſayeth to the Patron, that his Clerke is dead, where vpon hee preſents another: There the firſt incumbent which was ſuppoſed to bee dead may haue a Spoliation againſt the other, and ſo it is in diuers other like caſes, whereof See Fitzherbert Nat. breuium.

STallage, that is to bee quite of a certaine cuſtome exacted for the ſtreat taken or aſſigned in faires and markets.

SVit cuſtome, is when I and my aunceſtors haue béene ſeiſed of your owne ſuit & your anceſtors time out of mynde &c.

SVit reall, is when men come to the ſhirifes turne or leete, to which court all men ſhal bee compelled to come to knowe the lawes, ſo that they ſhal not be ignorant of things that ſhalbee declared there how they ſhalbe gouerned. And it is called reall ſiute becauſe of their allegeāce▪ and this appeareth by cō mon experience when one is ſworne, his othe is, that he ſhalbe a loyall and faithful man to ye Quéene. And this ſuite is not for the land which he holdeth within the Countie, but by reaſon of his perſon, and his abode there, and ought to bee done twiſe a yere, for default whereof, he ſhall be amerced and not diſtrained.

SVit ſeruice, is to ſue to the Shirifes turne or Leete, or to the Lordes Court from three weekes to three weekes by the whole yeere, and for default thereof, a man ſhalbee diſtrained and not amerced. And this ſuit ſeruice is by reaſon of the tenure of a mans lands.

TO holde by Statut marchant, is where a man knowledgeth to paye certain money to another at a certaine day before the Maior, Baylife or other warden of any town that hath power to make execution of the ſame ſtatut, & if the obligor paye not the debt at the day, & nothing of his goods, landes or tenemēts may be found wtin the ward of the Maior or warden beforeſaid, but in other places without, then the recogniſee ſhall ſue the recogniſance and obligation with a certification to the Chauncerie vnder the kings ſeale, and hee ſhall haue out of the Chauncery a Capias to the Shirife of the countie where hee is to take him, and to put him in priſon, if hee bee not a clerke, till hee haue made gréement of the debt. And one quarter of the yeere after that, that he ſhalbee taken, hee ſhall haue his land deliuered to himſelf to make gree to the partie of the debt, and hee may ſell it while hee is in priſon, and his ſale ſhall be good and lawfull. And if hee do not gree within a quarter of a yeere, or if it be returned that hee be not found, then the reconiſée may haue a writ of the Chauncery which is called Extendi facias, direct to all ſhirifes where hee hath lands, to extend his lands and goods, and to deliuer the goods to him, & to ſeiſe him in his lands, to holde them to him and to his heires & his aſſignes, till that the debtes bee leuyed or payed, and for that time he is tenaunt by ſtatute marchant. And note well, that in a ſtatute marchant the recogniſee ſhall haue execution of all the landes which the recogniſour had the daye of the recogniſance made, and anye tune after by force of the ſame ſtatute.

And note wel, that when any waſt and deſtruction is made by the recogniſee, his executors, or by him that hath eſtate, the recogniſor or his executors ſhal haue the ſame lawe as is beforeſaid of the tenant by Elegit.

And note well, if the tenant by ſtatute Marchāt holde ouer his terme, hee that hath right may ſue againſt him a Venirefacias ad computandum, or els enter by and by as vpon tenant by Elegit. See the ſtatut 11. E. 1. and of Acton burnel, & 13. E. 1. de Mercatoribus.

TO holde in the taile is where a man holdeth certain lands or tenemēts to him and to his heires of his bodie begotten. And note well, that if the lande be giuen to a man and to his heires males, & he hath iſſue male, he hath fee ſimple, and that was aiudged in the Parliament of our Lord y• king. But where lands be giuen to a man & to his heires males of his body begotten, then hee hath fee taile, and the iſſue female ſhall not be inheritable, as it appeareth the 14. yere of Ed. 3. in Aſſiſe 18. E. 3. 45.

Fee taile, is where land is giuen to a man and his heires of his body begotten, and he is called Tenant in the taile generall, but if lands be giuen to the huſband & the wife & the heires of their two bodies begotten, then the huſband and the wife be Tenants in the taile eſpeciall, and if one of them die, he that ſuruiueth is tenant in tail after poſſibility of iſſu extinct and if he make waſt he ſhal not bee impeached for that waſt. See Littleton.

But if the king giue lād to a man and to his heires males, and the donee dieth without iſſue mal • , then the coſin collaterall of the donee ſhal not enherite, but the king ſhall reenter and ſo it was adiudged in the Eſchequer Chamber 18. H. 8. in an Information made againſt the heire of Sir T. Lou • l knight.

TAxe and tallage, are paiments, as tenthes, fiftenths, ſubſidies, or ſuch like granted to the Quéen by Parliament.

The tenaunts in auncient demeſne are quite of theſe taxes and tallages graunted by Parliament except that the Quéen • doe taxe auncient •••• ſne, as ſhée may 〈◊〉 ſhée thinks good for ſome great cauſe. Sée auncient de • meſne.

TEnure in capite, is 〈◊〉 any hold of the Quéen • as of her perſon ••• yng Quéene, & of her cro ••• as of a Lordſhip by it ſelf • in groſſe, and in chief above all other Lordſhips, And not where they h • lde of her as of anie Mau ••• , Honour, or Caſt • ll, except certeyn • auncient honor • which appeare in the Eſch • quer.

TO holde for terme of yere • is not but chattell in effect, for no action is maintenable againſt y• termour, for the recouering of the free holde, for no freehold is in him. A leas for terme of yeres is a chattell reall, & the other chattell is perſonal, & all goods which are remouable are chattels parſonals.

TEſtament, is thus deſined in maſter Plowdens C •• mentarus, a teſtament is the witneſſe of the mind, & is compound of theſe two wordes, Teſtatio & mentis, which ſo ſignifieth, trueth is, that a Teſtament is a witnes of the mind, but that it is a compound worde, Aulus Gellius •• his vi. booke, cap. 12. doth deny the ſame to an excellent lawyer one Seruius Sulpitius, & ſayeth that it is a ſimple word, as are theſe Calciamentū, Paludamentum, Pauiamentū, and di •• rs ſuch like.

And much leſſe is agreamentum, a cōpound word of aggregatio and mentiū, as is ſaide before in the title •• Agreement, for there is no ſuch latin word ſimple or compound, but it may neuertheleſſe ſerue wel for a law latin worde.

And therefore thus it may be better defined. A Teſtament is the true declaration of our laſt will, of that we would to bee done after our death &c.

And of Teſtamentes there be two ſorts, namely a Teſtament in writing, and a Teſtament by wordes, which is called a Nuncupatiue Teſtament.

The firſt is alwaies • n writing as is ſ ••• .

The other is, when a man being ſicke, and for feare leaſt death or want of memorie, or of ſpeech, ſhoulde come ſo ſuddenly and haſtely vpon him, that he ſhould bee preuented if hee ſt • yed the writing of his Teſtament, deſireth his neighbours and friends to • e • re witneſſe of his laſt win▪ and then declareth the ſame preſently by wordes before them, which after his dece ••• is proued by witneſſes, and put in writing by the Ordinary, and then ſtandeth in▪ as good force (except for lands) as if it had at y• firſt in the life of the Teſtator béen put in writing.

THem, that is, that you ſhall haue all the generations of your villames with their ſuites and cattell whereſoeuer they ſhal be • ound in England, except that if any bondman ſhal remain quite one yere and a day in any priuiledged towne, ſo that he ſhall be receiued into their communaltie or guilde, as one of them, by that meanes he is deliuered from villeuage.

THeftbote, is when a mā taketh any goods of a theefe to fauour and maintaine him: And not when a man taketh his owne goods that were ſtolien from him • c.

The puniſhment in auncient time of theeftbote, was of life and member. But n • we at this day Maſt. Stamford ſeith, it is puniſhed by raunſome and by impriſonment. But enquire further, for I thinke if be felonie.

TItle, is where a lawfull cauſe is come vppon a man to haue a thing which an other hath, and he hath no action for the ſame, as title of Mortmaine, or to enter for breach of condition.

TItle de Entre, is when one ſeiſed of land in • ee maketh feffement thereof vpon condition, and the condition is broken: Now after the condition thus broken, the feoffor hath title to enter into the land, and may ſo doe at his pleaſure, and by his entrie the frée hold ſhalbe ſaid to • e in him preſentlie.