A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
         Leigh, Edward, 1602-1671.
      
       
         
           1658
        
      
       Approx. 484 KB of XML-encoded text transcribed from 149 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2004-08 (EEBO-TCP Phase 1).
         A50063
         Wing L999
         ESTC R19653
         12675526
         ocm 12675526
         65537
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A50063)
         Transcribed from: (Early English Books Online ; image set 65537)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 360:9)
      
       
         
           
             A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
             Leigh, Edward, 1602-1671.
          
           
             The second edition reviewed and inlarged.
          
           [13], 245, [10] p.
           
             Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
             London :
             1658.
          
           
             The author's name appears after the edition statement.
             Advertisement: p. [10] at end.
             Reproduction of original in Huntington Library.
             Marginal notes.
             Signature A8 is lacking in filmed copy. Pages from beginning-15 photographed from British Library copy and inserted at end.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Law -- Terminology.
        
      
    
     
        2004-03 TCP
        Assigned for keying and markup
      
        2004-03 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2004-05 Mona Logarbo
        Sampled and proofread
      
        2004-05 Mona Logarbo
        Text and markup reviewed and edited
      
        2004-07 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           A
           
             Philologicall
             COMMENTARY
          
           :
           OR
           ,
           An
           Illustration
           of
           the
           most
           Obvious
           and
           Useful
           words
           in
           the
           LAVV.
           
        
         
           With
           their
           Distinctions
           and
           divers
           Acceptations
           ,
           as
           they
           are
           found
           as
           well
           in
           Reports
           Antient
           and
           Modern
           ,
           as
           in
           Records
           ,
           and
           Memorials
           never
           Printed
           :
           Usefull
           for
           all
           Young
           Students
           of
           the
           Law.
           
        
         
           Arist.
           3.
           
           Metaph.
           Cap
           4.
           
        
         
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
           The
           second
           Edition
           Reviewed
           and
           Inlarged
           .
        
         
           By
           
             Edward
             Leigh
          
           Gentleman
           ,
           sometimes
           of
           the
           
             Middle
             Temple
          
           .
        
         
           LONDON
           ,
           Printed
           by
           
             A.
             M.
          
           for
           
             Charles
             Adams
          
           ,
           and
           are
           to
           be
           sold
           at
           his
           Shop
           at
           the
           Sign
           of
           the
           Talbot
           near
           S
           t
           Dustans
           Church
           in
           Fleetstreet
           .
           1658.
           
        
      
       
         
         
         
           To
           the
           right
           Honourable
           and
           his
           Honoured
           Kinsman
           
             JOHN
             LISLE
          
           
             Esq
          
           One
           of
           the
           Lords
           Comissioners
           of
           the
           Great
           Seal
           of
           England
           .
        
         
           
             My
             LORD
             ,
          
        
         
           IF
           Consanguinity
           and
           long
           acquaintance
           ,
           and
           Converse
           together
           in
           three
           famous
           Societies
           ,
           may
           be
           a
           sufficient
           
           ground
           for
           the
           Dedication
           of
           a
           Book
           to
           one
           ;
           I
           hope
           ,
           it
           will
           neither
           seem
           incongruous
           to
           others
           ,
           nor
           be
           judged
           presumption
           by
           you
           ,
           that
           I
           make
           choice
           of
           a
           Lawyer
           ,
           and
           among
           them
           ,
           of
           your self
           (
           one
           of
           such
           eminent
           place
           in
           reference
           to
           the
           Laws
           of
           the
           Land
           )
           to
           Patronize
           a
           Treatise
           of
           our
           Municipall
           Laws
           .
           I
           wish
           the
           VVork
           were
           
           as
           well
           worthy
           of
           your
           acceptance
           ,
           as
           the
           application
           of
           my self
           to
           you
           is
           proper
           .
           
             Lex
             humana
          
           (
           saith
           Aquinas
           )
           
             est
             quoddam
             dictamen
          
           
           
             rationis
             ,
             quo
             diriguntur
             humani
             actus
             .
          
           A
           humane
           Law
           is
           a
           certain
           dictate
           of
           reason
           by
           which
           humane
           acts
           are
           directed
           .
           The
           Law
           of
           this
           Land
           is
           held
           to
           be
           the
           best
           every
           way
           for
           this
           Nation
           ,
           it
           being
           the
           Birthright
           (
           as
           one
           of
           
           the
           great
           Sages
           of
           the
           Law
           saith
           )
           and
           the
           most
           antient
           and
           best
           Inheritance
           
           that
           the
           Subjects
           of
           this
           Realm
           have
           ;
           for
           by
           it
           they
           enjoy
           not
           only
           their
           Inheritance
           and
           Goods
           ,
           in
           peace
           and
           quietness
           ,
           but
           their
           Life
           and
           their
           most
           dear
           Country
           in
           safety
           ▪
           Among
           other
           principles
           of
           the
           Law
           are
           divers
           generall
           and
           particular
           Customes
           ,
           
             Cum
             enim
             aliquid
          
           
           
             multoties
             fit
          
           (
           saith
           
           the
           Schoolman
           )
           
             videtur
             ex
             deliberato
             judicio
             provenire
             ,
             &
             secundum
             hoc
             consuetudo
             &
             habet
             vim
             legis
             ,
             &
             legem
             abolet
             ,
             &
             est
             legum
             interpretatrix
             .
          
           For
           when
           any
           thing
           is
           done
           very
           often
           ,
           it
           seems
           to
           proceed
           from
           deliberate
           Judgment
           ,
           and
           according
           to
           this
           Custom
           both
           hath
           the
           force
           of
           a
           Law
           ,
           and
           abolisheth
           a
           Law
           ,
           and
           is
           the
           interpreter
           
           of
           Laws
           ,
           Your
           Office
           is
           to
           moderate
           the
           rigour
           of
           the
           Law
           ,
           to
           weigh
           what
           is
           generally
           meet
           ,
           and
           for
           the
           person
           .
           Your
           Court
           is
           a
           Court
           of
           Equity
           or
           Conscience
           ,
           as
           some
           call
           it
           .
           Let
           Conscience
           bear
           sway
           in
           all
           your
           publick
           and
           private
           Determinations
           :
           It
           is
           a
           Study
           well
           becoming
           a
           Christian
           Magistrate
           ;
           to
           labour
           in
           all
           things
           
           to
           approve
           his
           waies
           to
           God
           ,
           Acts
           24.
           
           1●
           .
           Heb.
           13
           ▪
           18.
           
           Lay
           out
           your self
           and
           your
           Abilities
           for
           him
           ,
           before
           whose
           Barre
           the
           highest
           Judge
           on
           Earth
           must
           one
           day
           stand
           ,
           and
           the
           higher
           our
           standing
           here
           is
           ,
           the
           greater
           will
           the
           account
           be
           at
           the
           generall
           Audit.
           The
           consideration
           of
           which
           ,
           I
           hope
           ,
           will
           have
           an
           influence
           upon
           all
           your
           Sentences
           and
           Actions
           ;
           
           If
           you
           shall
           make
           it
           your
           VVork
           to
           exalt
           God
           ,
           he
           will
           pour
           his
           Blessings
           abundantly
           both
           upon
           your self
           ,
           and
           whole
           Family
           ,
           which
           shall
           be
           the
           desire
           of
        
         
           
             My
             Lord
             ,
          
           
             Your
             Affectionate
             Kinsman
             and
             Servant
             ,
             Edward
             Leigh
             .
          
        
      
       
         
         
           To
           the
           Candid
           READER
           .
        
         
           
             Reader
             ,
          
        
         
           THere
           are
           three
           chief
           faculties
           ,
           Law
           ,
           Physick
           ,
           and
           Divinity
           ;
           the
           one
           respects
           the
           estate
           ,
           the
           other
           the
           body
           ,
           the
           third
           the
           soul.
           Every
           Englishman
           should
           labour
           for
           a
           competency
           of
           knowledg
           in
           all
           three
           ;
           First
           of
           the
           Laws
           of
           the
           Land
           ,
           that
           he
           may
           not
           (
           through
           the
           ignorance
           thereof
           )
           prejudice
           his
           estate
           ;
           Secondly
           ,
           of
           Physick
           ,
           as
           the
           Proverb
           saith
           ,
           
             Every
             man
             is
             a
             fool
             or
             a
             Physician
          
           ;
           that
           is
           ,
           either
           knows
           what
           is
           good
           or
           hurtfull
           for
           his
           own
           body
           ,
           or
           else
           is
           not
           so
           wise
           as
           he
           should
           be
           ;
           Thirdly
           ,
           of
           Divinity
           ;
           a
           man
           may
           be
           a
           bad
           Christian
           notwithstanding
           this
           knowledg
           ;
           but
           he
           
           cannot
           be
           a
           good
           Christian
           without
           it
           .
        
         
           The
           study
           of
           the
           Law
           is
           
             multorum
             annorum
             opus
          
           ,
           and
           it
           must
           needs
           be
           the
           more
           difficult
           to
           attain
           unto
           perfection
           in
           it
           ,
           since
           ,
           though
           there
           be
           Inns
           of
           Court
           (
           Colledges
           as
           it
           were
           for
           Students
           in
           that
           Profession
           )
           yet
           the
           Law
           it self
           is
           not
           so
           well
           methodized
           (
           as
           other
           Sciences
           )
           nor
           are
           there
           Tutors
           or
           publick
           Teachers
           of
           the
           same
           ,
           as
           of
           other
           Arts
           ;
           but
           
           every
           Student
           is
           to
           acquire
           knowledg
           in
           it
           by
           his
           own
           industry
           :
           most
           of
           the
           Cases
           which
           he
           reads
           ,
           are
           to
           be
           commited
           to
           memory
           .
        
         
           Of
           all
           that
           have
           written
           systematically
           as
           it
           were
           by
           way
           of
           Institutes
           ,
           Littleton
           is
           most
           extolled
           ,
           he
           being
           the
           *
           Ornament
           of
           the
           Common
           Law
           ,
           and
           (
           as
           some
           say
           )
           the
           most
           perfect
           and
           absolute
           Work
           that
           ever
           was
           written
           in
           any
           humane
           Science
           ;
           I
           have
           collected
           my
           Materials
           out
           of
           him
           and
           Sir
           
             Edward
             Cook
          
           upon
           him
           ,
           and
           his
           Reports
           ,
           
             Perkins
             ,
             Fitzherb
          
           .
           Nat.
           Brevium
           ,
           
           
             Ployden
             ,
             L.
             Dyer
             ,
             Brooks
          
           Abridgment
           ,
           Dr.
           and
           Student
           ,
           Terms
           of
           Law
           ,
           
             Cowels
             Interpreter
          
           ,
           and
           many
           others
           ,
           some
           of
           which
           I
           quote
           in
           the
           Margin
           almost
           for
           every
           thing
           .
        
         
           And
           I
           hope
           that
           this
           little
           Treatise
           being
           in
           English
           ,
           and
           digested
           into
           an
           Alphabeticall
           order
           ,
           will
           be
           usefull
           for
           young
           Students
           in
           the
           Law
           ,
           Iustices
           of
           Peace
           ,
           and
           other
           Countrey
           Gentlemen
           ,
           whose
           benefit
           I
           especially
           intend
           in
           the
           publication
           of
           it
           .
           But
           least
           any
           should
           object
           (
           as
           perhaps
           some
           may
           )
           that
           I
           have
           nothing
           here
           but
           what
           is
           already
           in
           the
           
             Terms
             of
             Law
          
           ,
           and
           
             Cowels
             Interpreter
          
           ;
           I
           shall
           intreat
           the
           Iudicious
           ,
           to
           compare
           what
           I
           have
           of
           the
           word
           Accessary
           ,
           Actions
           ,
           Appeal
           ,
           in
           the
           letter
           A.
           with
           what
           is
           in
           them
           ,
           and
           so
           likewise
           in
           any
           other
           Letter
           ;
           (
           to
           instance
           in
           no
           more
           )
           and
           I
           doubt
           not
           but
           he
           will
           acknowledge
           ,
           that
           there
           is
           difference
           enough
           between
           this
           and
           the
           others
           ,
           though
           I
           do
           make
           use
           of
           them
           ,
           
           as
           I
           do
           of
           divers
           other
           Authors
           .
        
         
           This
           may
           suffice
           by
           way
           of
           Preface
           ,
           I
           shall
           no
           longer
           detain
           thee
           from
           the
           Book
           ,
           but
           wishing
           thee
           much
           good
           by
           these
           my
           labours
           ,
           I
           rest
           ,
        
         
           
             Thy
             hearty
             well-wisher
             ,
             Edward
             Leigh
             ▪
          
        
      
       
         
           Ab
           interpretatione
           ad
           nomen
           ipsum
           derivatum
           sicuti
           à
           genere
           ad
           speciem
           desumpta
           argumentatio
           est
           inanis
           ,
           quod
           etymologia
           latius
           puteat
           quam
           nomen
           ipsum
           ,
           certe
           in
           his
           Reciprocatio
           obscura
           &
           incerta
           est
           ,
           maxime
           lege
           vernacula
           )
           sed
           à
           derivato
           ad
           derivationem
           argui
           longè
           melius
           potest
           ,
           ut
           Tutor
           ,
           ergo
           tueri
           debet
           ,
           &c.
           
        
      
    
     
       
         
         
           A
           Philologicall
           COMMENTARY
           .
        
         
           
             
               ABATE
               .
            
             
               ABATE
               is
               both
               an
               English
               and
               French
               word
               ,
               and
               signifieth
               in
               his
               proper
               sense
               ,
               to
               diminish
               ,
               or
               take
               away
               ;
               as
               one
               that
               abateth
               in
               Lands
               or
               Tenements
               ,
               by
               his
               entry
               diminisheth
               and
               taketh
               away
               the
               Freehold
               in
               Law
               descended
               
               to
               the
               Heir
               ;
               and
               so
               it
               is
               said
               to
               abate
               an
               account
               ,
               signifying
               Substraction
               or
               withdrawing
               ;
               and
               to
               abate
               the
               courage
               of
               a
               man.
               In
               another
               sense
               it
               signifies
               to
               prostrate
               ,
               beat
               down
               ,
               or
               overthrow
               ;
               as
               to
               abate
               Castle●
               ,
               Houses
               ,
               and
               the
               like
               ;
               and
               to
               abate
               a
               Writ
               ,
               is
               to
               destroy
               it
               ,
               by
               pleading
               for
               them
               that
               makes
               it
               actious
               or
               not
               proper
               ,
               and
               hereof
               cometh
               a
               word
               of
               Art
               ,
               Abatamentum
               ,
               which
               is
               an
               entry
               by
               interposition
               ,
               after
               the
               death
               of
               the
               Ancestor
               and
               before
               the
               entry
               of
               the
               Heir
               .
            
          
           
             
               ABBOT
               .
            
             
               Abbot
               ,
               in
               Latin
               Abbas
               ,
               in
               French
               Abbè
               ,
               is
               by
               skilfull
               Linguists
               said
               to
               come
               from
               the
               Syriack
               
               word
               
                 Abba
                 Pater
              
               ,
               and
               in
               our
               common
               Law
               is
               used
               for
               him
               that
               in
               the
               Covent
               or
               fellowship
               of
               Canons
               ,
               hath
               the
               rule
               and
               prehemmence
               ,
               he
               is
               called
               the
               head
               of
               the
               House
               ,
               he
               is
               chosen
               from
               amongst
               the
               Monks
               and
               is
               one
               ,
               as
               to
               all
               purposes
               as
               but
               in
               relation
               to
               the
               Corporation
               .
            
          
           
             
               ABEIANCE
               .
            
             
             
               Abeiance
               ,
               it
               seems
               to
               be
               derived
               from
               the
               French
               
               (
               Abayer
               )
               
                 i.
                 e.
                 al●a●ra●e
              
               ,
               to
               bark
               at
               ,
               as
               Dogs
               do
               against
               a
               strang●r
               ,
               or
               Spaniels
               at
               a
               Feasant
               ,
               put
               to
               the
               perks
               .
               So
               Children
               are
               said
               ,
               
                 Bayer
                 à
                 la
                 ma●●r●
              
               ,
               when
               seeing
               the
               dug
               ,
               they
               struggle
               and
               make
               means
               towards
               it
               .
               Our
               Antient
               Law●●rs
               would
               sig●i●●e
               hereby
               a
               kind
               of
               hope
               or
               lo●ging
               expectance
               ,
               be
               cause
               that
               there
               things
               that
               be
               in
               ab●iance
               ,
               though
               for
               the
               present
               they
               b●
               in
               no
               man
               ,
               yet
               they
               are
               in
               hope
               and
               exp●c●ation
               belonging
               to
               him
               that
               i●
               next
               to
               enjoy
               them
               .
            
             
               When
               a
               Parson
               of
               a
               Church
               dyeth
               ,
               we
               say
               tha●
               the
               Freehold
               is
               in
               Abeiance
               ,
               because
               a
               Successour
               is
               in
               expectation
               to
               take
               it
               .
               It
               a
               Tenam
               ●or
               term
               o●
               anothers
               life
               dy●th
               ,
               the
               Freehold
               is
               said
               to
               be
               in
               Abeiance
               ,
               un●ill
               the
               occupant
               ent●reth
               .
               If
               a
               ●●●
               make
               a
               Lease
               for
               life
               ,
               the
               rem●inder
               to
               the
               right
               Heirs
               of
               
                 I.
                 S.
              
               the
               Fee-simple
               is
               in
               Abeiance
               ,
               untill
               
                 I.
                 S.
              
               dyeth
               ;
               because
               as
               long
               
                 I.
                 S.
              
               liveth
               ,
               his
               Hei●●
               are
               in
               himself
               ,
               and
               he
               hath
               no
               Heirs
               to
               take
               by
               that
               name
               and
               purchase
               ,
               and
               therefore
               during
               the
               li●●
               o●
               
                 I.
                 S.
              
               this
               remainder
               is
               in
               the
               preservation
               of
               the
               Law
               ,
               
                 in
                 nubibus
              
               ,
               the
               Cloudes
               or
               Lap
               of
               the
               Law.
               
            
          
           
             
               ACCESSARIE
               .
            
             
               
                 1.
                 
                 Before
                 the
                 offence
                 or
                 fact
                 ,
                 is
                 he
                 that
                 commandeth
                 or
                 procureth
                 another
                 to
                 do
                 Felony
                 ,
                 and
                 is
                 not
                 there
                 present
                 when
                 the
                 other
                 doth
                 it
                 ;
                 but
                 i●●e
                 be
                 present
                 ,
                 then
                 he
                 is
                 also
                 a
                 principal
                 .
              
               
                 2.
                 ●●●r
                 the
                 ●●●●nce
                 ▪
                 is
                 he
                 that
                 receiveth
                 ,
                 favoureth
                 ,
                 ●id●rh
                 ,
                 a
                 ●●●●eth
                 ,
                 or
                 comforteth
                 any
                 ma●
                 that
                 hath
                 done
                 any
                 murder
                 ,
                 or
                 felony
                 ▪
                 where
                 o●
                 he
                 hath
                 knowledg
                 .
              
            
             
               He
               which
               counselleth
               or
               commandeth
               any
               evil
               thing
               ,
               shall
               be
               judged
               accessary
               to
               all
               that
               followeth
               o●
               this
               evil
               act
               ,
               but
               not
               o●
               another
               distinct
               thing
               ▪
               as
               I
               command
               one
               to
               beat
               another
               ,
               and
               
               he
               beat
               him
               so
               ,
               that
               the
               other
               di●
               of
               it
               ;
               I
               shall
               be
               ●●●●ssary
               to
               this
               murder
               ,
               for
               it
               is
               a
               sequel
               of
               my
               c●●●andement
               .
               But
               if
               I
               command
               one
               to
               steal
               a
               white
               Horse
               ,
               and
               he
               s●eals
               a
               black
               one
               ;
               or
               to
               bu●●
               such
               a
               house
               ,
               which
               he
               w●ll
               knoweth
               ▪
               and
               he
               b●●n
               the
               house
               o●
               an●ther
               :
               I
               shall
               ●ot
               be
               accessary
               〈◊〉
               .
               So
               if
               I
               command
               one
               to
               rob
               such
               a
               G
               〈…〉
               o●
               his
               pla●e
               in
               such
               a
               place
               ,
               as
               he
               is
               goi
               〈…〉
               g
               F●i●
               ,
               and
               he
               br●ak
               his
               house
               in
               
                 〈…〉
                 sid●
              
               ,
               ●nd
               th
               〈…〉
               away
               hi●
               Pla●e
               ;
               I
               shall
               
               〈…〉
               essar●
               to
               this
               ba
               〈…〉
               ,
               for
               this
               i●
               〈…〉
               ny
               :
               ●ut
               i●
               I
               command
               one
               to
               kill
               〈…〉
               in
               the
               ●●ld
               ,
               an●
               he
               kill
               him
               in
               the
               City
               or
               Chur●h
               ;
               or
               I
               command
               him
               to
               kill
               him
               at
               such
               a
               day
               and
               he
               kill
               him
               a●
               another
               day
               ;
               I
               shall
               be
               accessary
               ▪
               for
               the
               killing
               is
               the
               substance
               ,
               an●
               the
               day
               ,
               place
               ,
               or
               weapon
               ,
               is
               but
               circumstance
               .
               ●ut
               if
               I
               command
               one
               to
               kill
               I●hn
               a
               S.
               and
               be●ore
               he
               hath
               kill'd
               him
               ,
               I
               come
               and
               say
               ,
               that
               I
               am
               peni●ent
               for
               my
               mali●e
               ,
               and
               charge
               him
               no●
               to
               kill
               him
               ▪
               and
               y●t
               he
               kill
               him
               ;
               I
               shall
               not
               be
               acc●ssary
               .
               Where
               the
               p●incipall
               is
               pardoned
               ,
               or
               ha●h
               his
               Clergy
               ,
               th
               〈…〉
               ary
               cannot
               be
               arraigned
               ;
               ●or
               the
               Maximm●
               o
               〈…〉
               aw
               is
               ,
               
                 Vbi
                 ▪
                 non
              
               〈…〉
               or
               
               it
               doth
               nor
               appear
               by
               the
               judgm●nt
               of
               the
               Law
               ,
               that
               he
               was
               principall
               ;
               but
               if
               the
               principall
               after
               attainder
               be
               pardoned
               ,
               or
               hath
               his
               Clergy
               allowed
               him
               ,
               there
               the
               acce●●ary
               shall
               be
               ar●a●gned
               ,
               because
               it
               appeareth
               ●udicially
               that
               he
               was
               principall
               .
               Some
               have
               holden
               ,
               that
               neither
               f●r
               ●elony
               nor
               m●im
               ,
               the
               Accessary
               shall
               be
               ar●aigned
               ,
               till
               the
               attainder
               of
               the
               principals
               .
            
             
               In
               the
               lowest
               and
               highest
               offences
               ,
               there
               are
               no
               accessaries
               ,
               but
               all
               are
               principals
               ,
               as
               in
               Ryot●
               ,
               Routs
               ,
               forcible
               Entries
               ,
               and
               other
               Transgressions
               ,
               ●i
               
               
                 &
                 armis
              
               ,
               which
               are
               the
               lowest
               offences
               ;
               and
               so
               in
               the
               highest
               offence
               ,
               which
               is
               
                 Crimen
                 ●oesae
                 majestatis
              
               ,
               
               there
               be
               no
               accessaries
               ,
               but
               in
               Felony
               there
               
               are
               both
               before
               and
               after
               .
            
             
               In
               the
               third
               of
               Queen
               Mary
               a
               maidservant
               conspired
               with
               a
               bad
               fellow
               to
               rob
               her
               Mistris
               ,
               and
               in
               the
               night
               she
               opened
               the
               door
               ,
               and
               brought
               the
               fellow
               to
               the
               bed
               of
               her
               Mistris
               ,
               who
               did
               kill
               the
               Mistris
               ,
               the
               maid
               holding
               the
               candle
               ,
               but
               saying
               nothing
               ;
               she
               was
               not
               a
               Principal
               ,
               (
               thoug●
               she
               was
               present
               at
               the
               act
               ,
               and
               did
               concur
               with
               the
               murderer
               from
               the
               beginning
               to
               the
               end
               )
               but
               accessary
               ,
               because
               opening
               of
               the
               door
               ,
               and
               holding
               of
               the
               candle
               was
               not
               parcell
               of
               the
               consummation
               o●
               the
               act
               .
               Q●aere
               i●
               this
               be
               petty
               treason
               in
               the
               Maid-servant
               ,
               since
               it
               is
               but
               murder
               in
               the
               other
               ,
               although
               she
               was
               present
               when
               her
               Mistris
               was
               murdered
               .
               Yet
               she
               cannot
               ,
               as
               I
               take
               it
               ,
               be
               a
               ●●aytor
               else
               ,
               the
               principal
               being
               but
               a
               murderer
               .
            
          
           
             
               ACQUITTANCE
               .
            
             
               Acquittance
               is
               a
               discharge
               in
               writing
               of
               a
               Summe
               of
               Money
               ,
               or
               other
               duty
               which
               ought
               to
               be
               paid
               or
               done
               .
               This
               word
               di●fereth
               from
               those
               which
               in
               the
               civil
               Law
               be
               called
               acceptilatio
               ,
               or
               Apocha
               ,
               
               for
               the
               first
               of
               these
               may
               be
               by
               word
               ,
               without
               writing
               ,
               and
               is
               nothing
               but
               a
               feigned
               payment
               and
               discharge
               though
               payment
               be
               not
               had
               .
               Apocha
               is
               a
               writing
               witnessing
               the
               payment
               or
               delivery
               of
               Money
               ,
               which
               dischargeth
               not
               unless
               the
               Money
               be
               paid
               .
            
          
           
             
               ACQUITER
               .
            
             
               Acquiter
               is
               compounded
               of
               ad
               and
               the
               old
               Verb
               quietare
               ,
               ●nd
               signifieth
               in
               Law
               to
               discharge
               or
               keep
               in
               quiet
               ,
               and
               to
               see
               that
               the
               Tenant
               
               be
               safely
               kept
               from
               any
               Entries
               or
               molestation
               ,
               for
               any
               manner
               of
               service
               issuing
               out
               of
               the
               Land
               to
               any
               Lord
               that
               is
               above
               the
               Mesne
               ,
               hereof
               cometh
               acquital
               
                 &
                 quietus
                 est
              
               ,
               i.
               e.
               he
               is
               discharged
               ;
               and
               he
               that
               is
               discharged
               of
               a
               selony
               by
               
               judgment
               ,
               is
               said
               to
               be
               acquitted
               of
               the
               selony
               
                 a
                 〈…〉
                 atus
                 de
                 ●el-nia
              
               ,
               and
               if
               it
               be
               drawn
               in
               question
               again
               ,
               he
               may
               plead
               
                 auter
                 sois
                 acquite
              
               .
            
             
               And
               acquitall
               is
               either
               in
               deed
               or
               in
               Law
               ;
               acquitall
               
               in
               deed
               is
               either
               by
               verdict
               ,
               or
               by
               battell
               ,
               by
               verdict
               when
               by
               a
               Jury
               he
               is
               found
               not
               guilty
               o●
               the
               offence
               whereof
               he
               is
               charged
               :
               by
               battell
               ,
               as
               when
               in
               an
               appeal
               the
               plaintiff
               yeeldeth
               himself
               crea●t
               or
               vanquished
               in
               the
               field
               ,
               the
               ●udgment
               shall
               be
               that
               the
               appelee
               shall
               go
               quit
               ,
               and
               that
               he
               shall
               recover
               ●●●
               damages
               .
            
             
               Acquital
               in
               Law
               is
               where
               two
               are
               indicted
               ,
               the
               one
               as
               principall
               ,
               the
               other
               as
               accessary
               ,
               if
               the
               principall
               be
               acquitted
               indeed
               ,
               th●●ther
               shall
               not
               be
               tryed
               ,
               but
               shall
               be
               call'd
               to
               be
               acquitted
               in
               Law
               of
               course
               ,
               but
               i●
               the
               principall
               be
               discharged
               for
               the
               insufficiency
               of
               the
               indictment
               against
               him
               or
               have
               his
               Clergy
               the
               accessary
               i●
               not
               acquitted
               .
            
          
           
             
               ACRE
               .
            
             
               Acre
               ,
               is
               a
               certain
               parcell
               o●
               Land
               that
               containeth
               
               in
               length
               4●
               perches
               ,
               and
               in
               bredth
               four
               perches
               ,
               it
               comes
               from
               the
               Germane
               word
               (
               Acker
               )
               
                 id
                 est
                 ,
                 ager
              
               .
            
          
           
             
               ACTION
               .
            
             
               Action
               ,
               an
               action
               is
               a
               right
               of
               prosecuting
               in
               judgment
               of
               a
               thing
               which
               is
               due
               unto
               any
               one
               .
               
            
             
               It
               may
               well
               be
               called
               an
               Action
               ,
               
                 quia
                 agitur
                 de
                 injuria
              
               ,
               for
               it
               is
               a
               complaint
               of
               an
               injury
               received
               .
            
          
           
             
               ACTIONS
               are
            
             
               
                 1.
                 
                 Personall
                 ,
                 whereby
                 a
                 man
                 claimeth
                 Debt
                 or
                 other
                 Goods
                 and
                 Chattels
                 ,
                 or
                 Damage
                 for
                 them
                 ,
                 or
                 Damages
                 for
                 wrong
                 done
                 to
                 his
                 
                 person
                 ,
                 it
                 is
                 properly
                 that
                 which
                 in
                 Civil
                 Law
                 is
                 called
                 
                   actio
                   in
                   personam
                
                 .
              
               
                 2.
                 
                 Beall
                 ,
                 whereby
                 the
                 Demandant
                 claimeth
                 
                 title
                 to
                 have
                 a
                 Freehold
                 in
                 any
                 Lands
                 ,
                 or
                 Tenements
                 ,
                 Rents
                 or
                 Commons
                 in
                 Free-simple
                 ,
                 〈…〉
                 tail
                 ,
                 or
                 for
                 term
                 of
                 life
                 .
              
               
                 3.
                 
                 Mixt
                 ,
                 whereby
                 something
                 in
                 the
                 reallity
                 i●
                 recovered
                 ▪
                 and
                 damages
                 also
                 ,
                 as
                 in
                 〈…〉
                 .
              
            
             
               
                 Actio
                 personalis
                 m●●●itur
                 cum
                 p●rs●na
              
               .
               This
               rule
               is
               not
               generally
               to
               be
               admitted
               ,
               but
               only
               in
               
               such
               Cases
               where
               the
               wrong
               did
               p●inc●pall●
               and
               〈…〉
               rest
               upon
               a
               man
               person
               ,
               as
               if
               one
               scandalize
               or
               bea●
               another
               ,
               if
               either
               pa●ty
               ●y
               the
               ●●tion
               is
               gone
               ,
               b●t
               an
               E●●●●ut●
               may
               ha●e
               a
               W●i●
               of
               Covenant
               ,
               which
               is
               a
               thing
               meerly
               personall
               ,
               or
               any
               Action
               upon
               the
               Case
               ,
               as
               the
               Case
               is
               .
            
             
               
                 An
                 Action
                 upon
                 the
                 Case
              
               (
               called
               by
               the
               Civilion●
               ,
               
                 A●ti●
                 in●●●iarum
              
               )
               is
               so
               termed
               in
               the
               Common
               Law
               ,
               because
               every
               mans
               Case
               must
               be
               in
               the
               Action
               ,
               specially
               ,
               and
               at
               large
               set
               down
               ;
               for
               
               in
               that
               Action
               ,
               the
               writ
               ought
               to
               comprehend
               the
               special
               matter
               ,
               as
               well
               as
               the
               Declaration
               .
            
             
               If
               a
               man
               deliver
               a
               horse
               to
               one
               to
               keep
               him
               safely
               ,
               the
               Defendant
               
                 equum
                 illum
                 tam
                 negligenligenter
                 custodivit
                 ,
                 ut
                 ob
                 defect●m
                 b●nae
                 cust●diae
                 in●eriit
                 .
              
               So
               I
               trust
               my
               Shepherd
               with
               my
               sheep
               ,
               and
               they
               perish
               through
               his
               negligence
               ,
               an
               Action
               of
               the
               Case
               lieth
               here
               .
            
             
               An
               Action
               upon
               the
               Case
               doth
               not
               ly
               at
               the
               
               Common
               Law
               for
               calling
               a
               man
               here●ick
               ,
               or
               adulterer
               ,
               but
               in
               the
               Spiritual
               Law
               ,
               for
               those
               of
               the
               Common
               Law
               cannot
               discusse
               what
               is
               H●resie
               or
               Adultery
               ,
               but
               for
               calling
               one
               Traitor
               or
               ●elor
               an
               Action
               lieth
               at
               the
               common
               Law.
               
            
             
               If
               a
               Smith
               prick
               my
               Horse
               with
               a
               nail
               ,
               I
               shall
               
               have
               an
               Action
               of
               the
               Case
               ,
               and
               so
               likewise
               if
               he
               warrant
               to
               cure
               my
               Horse
               and
               doth
               not
               ;
               but
               if
               he
               do
               what
               he
               can
               ,
               and
               not
               warrant
               the
               curing
               of
               him
               ,
               it
               will
               not
               lie
               .
            
             
               If
               one
               cha●ge
               another
               that
               he
               hath
               forsworn
               
               himself
               ,
               this
               is
               not
               actionable
               ,
               because
               he
               may
               be
               ●or●worn
               in
               usuall
               communication
               ,
               
                 quia
                 benigni●r
                 〈…〉
                 in
                 verbis
                 genera●●bus
                 seu
                 du●●iis
                 est
                 praeser●nda
              
               2.
               
               It
               is
               a●●
               usuall
               word
               of
               passion
               and
               cho●er
               to
               say
               that
               another
               hath
               forsworn
               himself
               ,
               as
               if
               one
               say
               to
               another
               ,
               that
               he
               is
               a
               villain
               ,
               rogue
               ,
               or
               va●let
               ,
               
                 vel
                 s●●i
                 ia
              
               ,
               these
               will
               not
               bear
               an
               action
               ,
               for
               
                 ●●ni
                 judicit
                 est
                 ●●●es
                 d●●imere
              
               ,
               but
               if
               one
               say
               to
               another
               that
               he
               is
               preju●ced
               ,
               or
               that
               he
               hath
               forsw●rn
               himself
               in
               such
               an
               action
               ,
               in
               such
               a
               Court
               ,
               for
               such
               words
               an
               Action
               may
               be
               maintainable
               ,
               for
               here
               it
               appeareth
               that
               he
               hath
               forsworn
               himself
               in
               a
               j●dicial
               proceeding
               .
               So
               if
               a
               man
               say
               ,
               that
               another
               is
               main
               sworn
               ,
               a
               word
               in
               the
               North
               for
               perjured
               ,
               or
               in
               Welsh
               call
               a
               man
               an
               Idoner
               ,
               which
               is
               to
               the
               same
               purpose
               ,
               an
               Action
               will
               lie
               .
            
             
               In
               every
               Action
               upon
               the
               Case
               for
               ●landerous
               words
               ,
               two
               things
               are
               required
               .
               1.
               
               That
               the
               person
               which
               is
               scandalized
               be
               certain
               .
               If
               one
               say
               one
               of
               the
               servants
               of
               I●hn
               a
               S.
               is
               a
               notorious
               thief
               ,
               he
               having
               divers
               ,
               these
               words
               will
               not
               bear
               an
               Action
               
               for
               their
               uncertainty
               .
               2.
               
               That
               the
               scandall
               be
               apparent
               by
               the
               words
               themselves
               ;
               and
               therefore
               if
               the
               Defendant
               say
               to
               the
               Plaintiff
               ,
               that
               he
               is
               full
               of
               the
               Pox
               ,
               it
               shall
               be
               taken
               to
               be
               the
               Small
               Pox
               ,
               though
               the
               Plaintiff
               declares
               with
               an
               innuendo
               ,
               the
               French
               Pox
               ,
               for
               words
               shall
               be
               taken
               in
               
                 miltore
                 sensu
              
               ,
               where
               they
               may
               be
               applied
               two
               waies
               .
            
             
               If
               one
               say
               to
               
                 I.
                 S.
              
               Thou
               art
               a
               Traytor
               ,
               here
               constat
               
               
                 de
                 persona
              
               ,
               and
               the
               Action
               lieth
               ;
               or
               if
               one
               scandalize
               a
               man
               in
               his
               Profession
               or
               Trade
               ,
               by
               which
               he
               gets
               his
               living
               :
               as
               Skinner
               a
               Merchant
               ,
               
               said
               of
               Manwood
               chief
               Baron
               ,
               That
               he
               was
               a
               corrupt
               Judg
               ,
               and
               it
               was
               adjudged
               that
               these
               words
               were
               actionable
               .
               Popham
               saith
               ,
               If
               one
               say
               of
               a
               woman
               that
               keeps
               an
               Inn
               ,
               that
               she
               hath
               a
               great
               infectious
               disease
               ,
               by
               which
               she
               loseth
               her
               guests
               ,
               she
               shall
               have
               an
               action
               upon
               the
               Case
               .
            
             
               If
               one
               say
               of
               a
               Merchant
               ,
               that
               he
               is
               a
               Bankrupt
               knave
               ,
               an
               action
               lies
               ,
               or
               that
               he
               will
               be
               a
               Bankrupt
               in
               two
               days
               ,
               which
               imports
               onely
               an
               inclination
               ;
               yet
               an
               action
               lies
               .
               If
               one
               call
               another
               thief
               or
               traytor
               generally
               the
               action
               will
               lie
               ,
               but
               if
               one
               say
               ,
               Thou
               art
               a
               thief
               ,
               for
               thou
               hast
               robbed
               my
               Orchard
               ;
               or
               ,
               for
               thou
               hast
               robbed
               my
               Hop-ground
               ;
               these
               words
               are
               not
               actionable
               ,
               for
               the
               last
               words
               prove
               it
               to
               be
               no
               Felony
               ,
               and
               so
               qualifie
               the
               proper
               sense
               of
               this
               word
               Thief
               .
            
             
               If
               the
               Goaler
               of
               malice
               fore
               thought
               ,
               lay
               so
               many
               irons
               on
               the
               prisoner
               ,
               as
               to
               lame
               him
               ,
               he
               shall
               have
               his
               Action
               on
               the
               Ca●e
               .
               If
               a
               man
               play
               with
               others
               at
               Dice
               ,
               and
               he
               hath
               ●alse
               Dice
               ,
               with
               which
               
               he
               playeth
               and
               winneth
               the
               others
               money
               ;
               he
               which
               hath
               lost
               his
               money
               ,
               may
               have
               his
               action
               on
               the
               Case
               for
               this
               deceit
               .
               An
               action
               or
               trespass
               upon
               the
               case
               lieth
               against
               the
               keeper
               of
               a
               common
               Inn
               ,
               if
               goods
               be
               imbe●eled
               
                 in●r●h
                 ●●spitu●●
              
               .
               If
               a
               man
               sell
               a
               Horse
               to
               another
               ,
               and
               war●ant
               him
               to
               be
               good
               ,
               and
               the
               Horse
               hath
               some
               secret
               disease
               in
               his
               body
               which
               he
               knoweth
               of
               ;
               the
               other
               shall
               have
               a
               writ
               of
               trespass
               on
               the
               Case
               against
               him
               .
               So
               if
               one
               sel
               Wine
               ,
               and
               warrant
               it
               to
               be
               good
               ,
               and
               it
               is
               naught
               ,
               an
               action
               of
               the
               Case
               will
               lie
               .
            
             
               If
               a
               mans
               servant
               be
               beaten
               ,
               the
               Master
               shall
               not
               
               not
               have
               an
               action
               for
               this
               Battery
               ,
               unless
               it
               be
               so
               great
               ,
               that
               by
               reason
               thereof
               ,
               he
               loseth
               the
               service
               of
               his
               servant
               ;
               but
               the
               servant
               himself
               shall
               have
               an
               action
               for
               every
               petty
               battery
               ,
               
                 Cook
                 ●
                 .
                 Rep.
                 Morys
                 Case
                 .
              
            
          
           
             
             
               ADIOUENMENT
               .
            
             
               Ad●ournment
               ,
               is
               when
               any
               Court
               is
               put
               off
               ,
               and
               a●ligned
               to
               be
               kept
               again
               at
               another
               place
               or
               time
               .
            
          
           
             
               ADMISSION
               .
            
             
               Admission
               ,
               is
               when
               one
               that
               hath
               right
               to
               present
               to
               a
               Church
               being
               void
               ,
               doth
               pre●●nt
               him
               to
               the
               Bishop
               of
               the
               Diocess
               in
               which
               the
               Church
               i●
               ,
               who
               upon
               examination
               finding
               him
               
                 idoneus
                 pers●na
              
               that
               is
               capable
               and
               able
               ,
               doth
               consent
               that
               he
               shall
               be
               Parson
               ,
               and
               saith
               
                 admitt●●●
                 habi●●m
              
               .
            
          
           
             
               ADMINISTRATOR
               .
            
             
               Administrator
               ,
               is
               he
               to
               whom
               the
               ordinary
               (
               
                 id
                 est
              
               )
               the
               Bishop
               doth
               commit
               or
               give
               power
               to
               dispose
               and
               administer
               the
               goods
               ,
               and
               Chattels
               within
               his
               Diocess
               belonging
               to
               any
               person
               that
               is
               dead
               ,
               without
               Executor
               for
               the
               benefit
               of
               
               such
               persons
               ,
               or
               if
               the
               Party
               make
               a
               Will
               and
               Executor
               and
               they
               all
               refuse
               ,
               or
               the
               Executor
               be
               within
               the
               age
               of
               17
               years
               .
            
             
               Administrator
               
                 durante
                 min●re
                 aetate
              
               ,
               cannot
               sell
               
               any
               of
               the
               goods
               of
               the
               dead
               ,
               unless
               it
               be
               of
               necessity
               for
               the
               payment
               of
               debts
               ,
               or
               
                 b●na
                 〈…〉
              
               ,
               for
               he
               hath
               his
               office
               of
               administration
               
                 〈…〉
                 d●
              
               of
               the
               Infant
               ,
               and
               not
               for
               his
               prejudice
               .
               The
               words
               of
               such
               Letters
               are
               ,
               
                 Administ●ati●n●m
                 ●mnium
                 &
                 singalorum
                 bonorum
                 ad
                 ●p●●●
                 ,
                 ●●min
                 dum
                 ,
                 &
                 utilitatem
                 exe●utri●
                 .
                 durante
                 sua
                 mia●●e
                 aetate
                 &
                 non
                 aliter
                 ,
                 nec
                 alio
                 modo
                 commit●imus
              
               ;
               such
               administration
               ceaseth
               at
               the
               age
               of
               seventeen
               of
               the
               Infant
               .
               Where
               one
               hath
               goods
               onely
               in
               an
               inferiour
               Diocess
               ,
               yet
               the
               Metropolitan
               of
               the
               same
               Province
               ,
               pretending
               that
               he
               had
               
                 bona
                 notabilia
              
               in
               divers
               Diocesses
               ,
               commits
               administration
               ▪
               this
               administration
               is
               not
               vo●●
               ,
               but
               voidable
               by
               sentence
               ,
               because
               the
               Metropolitane
               hath
               jurisdiction
               over
               all
               the
               Diocesses
               within
               his
               Province
               ,
               but
               if
               
               an
               Ordinary
               of
               a
               Diocesse
               commit
               administration
               of
               goods
               ,
               when
               the
               Party
               hath
               〈…〉
               in
               divers
               Diocesses
               ,
               such
               administration
               is
               meerly
               void
               ,
               both
               for
               the
               goods
               in
               his
               Diocesse
               ,
               and
               elsewhere
               ,
               because
               that
               by
               ●●
               means
               he
               can
               have
               jurisdiction
               of
               the
               Cause
               .
            
          
           
             
               ADVOWSON
               .
            
             
               Advowson
               of
               a
               Church
               is
               the
               right
               of
               Presentation
               
               or
               Collation
               to
               the
               Church
               ,
               Adv●catio
               ,
               so
               called
               ,
               because
               the
               righ●
               of
               presenting
               to
               the
               Church
               was
               first
               gained
               〈…〉
               uch
               i●
               were
               Founders
               ,
               Benefactors
               or
               Maintainers
               of
               the
               Church
               ,
               viz.
               1.
               
                 ration●
                 fundationis
              
               ,
               a●
               where
               the
               Ancestor
               was
               Founder
               of
               the
               Church
               ,
               or
               2
               
                 ratione
                 〈…〉
                 nis
              
               ,
               where
               he
               endowed
               the
               Church
               ,
               or
               3.
               
                 〈…〉
                 sundi
              
               ,
               as
               where
               he
               gave
               the
               soil
               whereupon
               the
               Church
               was
               built
               ,
               and
               therefore
               they
               were
               called
               advocati
               ,
               and
               thereupon
               the
               advowson
               is
               called
               
                 jus
                 patronatus
              
               .
            
             
               In
               an
               Advowson
               or
               Rectorship
               ,
               there
               are
               three
               distinct
               Rights
               ,
               viz.
               
            
             
               
                 1.
                 
                 
                   Ius
                   presentationis
                
                 ,
                 which
                 doth
                 belong
                 to
                 the
                 Patron
                 .
              
               
                 2.
                 
                 
                   Ius
                   Ordinationis
                
                 to
                 the
                 ordinary
                 .
              
               
                 3.
                 
                 
                   Ius
                   possessionis
                
                 ,
                 to
                 the
                 Parson
                 imparsonee
                 .
              
            
             
               If
               a
               man
               seized
               of
               an
               Advowson
               in
               Fee
               ,
               by
               his
               
               Deed
               granteth
               the
               next
               Presentation
               to
               A.
               and
               before
               the
               Church
               becometh
               void
               ,
               by
               another
               Deed
               grant
               the
               next
               Presentation
               of
               the
               same
               Church
               to
               B.
               the
               second
               grant
               is
               void
               ;
               for
               A.
               had
               the
               same
               granted
               to
               him
               before
               ,
               and
               the
               Grantee
               shall
               not
               have
               the
               second
               avoidance
               by
               constructio●
               ▪
               This
               hath
               been
               resolved
               by
               the
               Justices
               .
            
          
           
             
               AFFEERORS
               .
            
             
               *
               Affeerors
               are
               such
               as
               are
               appointed
               in
               Court-leets
               ,
               to
               mulct
               such
               as
               have
               committed
               any
               fault
               ,
               
               which
               is
               arbitrably
               punishable
               ,
               and
               for
               which
               no
               express
               penalty
               is
               prescribed
               by
               Statute
               .
            
             
               The
               〈…〉
               ament
               is
               the
               act
               of
               the
               Court
               ,
               and
               t●e
               〈…〉
               ment
               the
               act
               of
               the
               Jury
               ,
               Cook
               lib.
               8.
               ●●●il●●
               case
               sol
               .
               40.
               
               B.
               
            
          
           
             
               AFFRAY
               .
            
             
               〈…〉
               is
               derived
               of
               the
               French
               Affray●●
               ,
               which
               〈…〉
               ine
               .
               It
               may
               be
               without
               word
               or
               ●●w
               ●iv●n
               ,
               as
               if
               a
               man
               i●●●●●hew
               himself
               ●●●
               〈…〉
               with
               Armour
               ●●
               Weapon
               which
               is
               no
               usuall
               w
               〈…〉
               it
               will
               strike
               a
               fear
               into
               〈…〉
               er
               that
               be
               
               not
               〈…〉
               ,
               a●
               he
               is
               :
               for
               which
               reason
               i●
               i●
               a
               common
               wrong
               and
               inquirable
               in
               a
               Lect.
               which
               makes
               it
               di●●●r
               ●rom
               assault
               ,
               which
               is
               alwa●s
               a
               particular
               injury
               .
            
          
           
             
               AGE
               .
            
             
               There
               are
               diversity
               of
               Ages
               ,
               which
               the
               Law
               takes
               notice
               of
               .
            
             
               A
               Woman
               hath
               seven
               Ages
               for
               several
               purposes
               
               appointed
               to
               her
               by
               Law
               ,
               as
               seven
               years
               for
               the
               Lord
               to
               have
               aid
               
                 pour
                 file
                 marier
              
               ,
               nine
               years
               to
               deserve
               dower
               ,
               twelve
               years
               to
               coment
               to
               ma●●iage
               ,
               untill
               fourteen
               years
               to
               be
               in
               ward
               ,
               14
               years
               to
               be
               out
               of
               ward
               ,
               if
               she
               attained
               thereunto
               in
               the
               life
               of
               her
               Ancestor
               ,
               sixteen
               years
               to
               tender
               her
               marriage
               ,
               if
               she
               were
               under
               the
               age
               of
               fourteen
               at
               
               the
               death
               of
               her
               Ancestor
               ,
               and
               twenty
               one
               years
               to
               a
               ●enate
               her
               Lands
               ,
               Goods
               ,
               and
               Chattels
               .
            
             
               A
               man
               also
               b●
               the
               Law
               for
               several
               purposes
               hath
               divers
               Ages
               a●●igne●
               unto
               him
               ;
               viz.
               twelve
               years
               to
               take
               the
               Oath
               of
               Allegiance
               in
               the
               Leet
               ,
               14
               years
               to
               consent
               to
               marriage
               ,
               and
               for
               the
               Heir
               in
               ●o●●
               age
               to
               choose
               his
               Guardian
               ,
               and
               fourteen
               years
               is
               also
               accounted
               his
               Age
               of
               discretion
               ,
               fifteen
               years
               for
               the
               Lord
               to
               have
               
                 aide
                 pour
                 sai●e
              
               
               
                 fit●
                 Chivaler
              
               ,
               under
               21
               to
               be
               in
               ward
               to
               the
               Lord
               by
               Knights
               service
               ,
               under
               14
               to
               be
               in
               ward
               to
               a
               Guardian
               in
               soccage
               ,
               and
               21
               to
               be
               out
               of
               ward
               of
               a
               Guardian
               in
               Chivalry
               ,
               and
               to
               alien
               his
               Lands
               ,
               
               Goods
               and
               Chattels
               .
               Before
               the
               age
               of
               twenty
               one
               years
               ,
               a
               Man
               or
               a
               Woman
               is
               called
               an
               Infant
               .
               Full
               age
               regularly
               is
               twenty
               one
               years
               for
               man
               or
               woman
               to
               enable
               them
               to
               seal
               any
               Bond
               or
               any
               Deed
               whatsoever
               ;
               a
               man
               cannot
               lawfully
               be
               impannelled
               in
               a
               Jury
               before
               that
               age
               ,
               and
               at
               17
               years
               he
               may
               administer
               as
               Executor
               .
            
          
           
             
               AGREEMENT
               .
            
             
               Agreement
               (
               saith
               Pl●●d●●
               )
               is
               a
               word
               compounded
               
               of
               two
               words
               ,
               
                 aggregatio
                 &
                 mentium
                 ,
                 i.
                 e.
              
               agreement
               of
               mindes
               ,
               it
               is
               a
               consent
               of
               minde
               ,
               in
               something
               done
               or
               to
               be
               done
               ,
               
                 ab
                 aggredi●●d●
                 dicitur
              
               ,
               saith
               Spelman
               .
            
             
               If
               I
               sell
               all
               my
               Corn
               for
               Twelve
               pence
               every
               Bushell
               ,
               notwithstanding
               the
               uncertainty
               of
               the
               quantity
               of
               the
               Co●●
               ,
               and
               of
               the
               summe
               for
               it
               ,
               yet
               this
               is
               a
               good
               agreement
               .
            
             
               So
               where
               one
               le●●
               a
               Close
               ,
               rendring
               Twelve
               
               pence
               of
               Rent
               for
               every
               Acre
               ,
               notwithstanding
               the
               uncertainty
               of
               the
               Rent
               ,
               yet
               it
               is
               a
               good
               agreement
               ,
               for
               it
               may
               be
               reduced
               to
               a
               certainty
               ,
               by
               measuring
               of
               the
               Corn
               or
               ground
               .
            
          
           
             
               ALIEN
               .
            
             
               Alien
               ,
               is
               derived
               from
               the
               Latine
               word
               
                 alienus
                 ▪
              
               ,
               
               and
               according
               to
               the
               Etymològy
               of
               the
               word
               ,
               it
               signifies
               one
               born
               in
               a
               strange
               countrey
               ,
               under
               the
               obedience
               of
               a
               strange
               Prince
               .
            
             
               Such
               an
               one
               is
               not
               capable
               of
               inheritance
               within
               England
               .
            
             
               
                 1.
                 
                 Because
                 the
                 Secrets
                 of
                 the
                 Realm
                 may
                 thus
                 be
                 discovered
                 .
              
               
                 2.
                 
                 The
                 Revenues
                 of
                 the
                 Realm
                 (
                 which
                 are
                 the
                 
                 sinews
                 of
                 Warre
                 ,
                 and
                 ornament
                 of
                 Peace
                 )
                 shall
                 be
                 taken
                 ,
                 and
                 enjoyed
                 by
                 strangers
                 born
                 .
              
               
                 3.
                 
                 This
                 will
                 tend
                 to
                 the
                 destruction
                 of
                 the
                 
                 Realm
                 .
              
            
             
               He
               cannot
               have
               any
               reall
               or
               personall
               ●ction
               concerning
               Land
               ,
               unless
               he
               be
               an
               alien
               Merchant
               friend
               ,
               and
               then
               he
               may
               have
               a
               Lease
               for
               years
               ,
               of
               Houses
               ,
               Warehouses
               ,
               and
               Conveniences
               for
               habitation
               and
               Merchandizing
               ,
               and
               if
               he
               be
               disturbed
               in
               the
               possession
               of
               them
               ,
               he
               may
               maintain
               actions
               of
               trespass
               .
               And
               if
               he
               be
               naturalized
               by
               Act
               of
               Parliament
               ▪
               then
               he
               is
               not
               accounted
               in
               Law
               alienig●●a
               ,
               but
               
                 ●●●g
                 na
              
               ,
               as
               a
               natural
               born
               Subject
               ,
               and
               may
               purchase
               and
               maintain
               actions
               as
               Englishmen
               .
            
          
           
             
               ALMS
               .
            
             
               Alms
               ,
               and
               relief
               of
               poor
               people
               ,
               being
               a
               work
               
               of
               charity
               ,
               is
               accounted
               in
               Law
               Divine
               Service
               ,
               for
               what
               herein
               is
               done
               to
               the
               poor
               for
               Gods
               sake
               ,
               is
               done
               to
               God
               himself
               .
               
            
             
               If
               it
               were
               ordained
               that
               no
               Alms
               should
               be
               given
               for
               no
               necessity
               ,
               this
               Custom
               and
               Statute
               were
               void
               ,
               because
               no
               generall
               Custom
               of
               Statute
               must
               be
               directly
               against
               the
               Law
               of
               God.
               Nevertheless
               ,
               the
               Statute
               in
               the
               24
               year
               of
               King
               Ed.
               3.
               whereby
               it
               is
               ordained
               .
               That
               no
               man
               under
               pain
               of
               imprisonment
               ,
               shall
               give
               any
               alms
               to
               any
               vagrant
               beggers
               that
               may
               well
               labour
               ,
               that
               they
               may
               so
               be
               compelled
               to
               labour
               for
               their
               living
               ,
               is
               a
               good
               Statute
               ,
               for
               it
               observeth
               the
               intent
               of
               the
               Law
               of
               God.
               
            
          
           
             
               AMERCIAMENT
               .
            
             
               Amerciament
               in
               Latine
               is
               called
               misericordia
               ,
               
               because
               it
               ought
               to
               be
               assessed
               mercifully
               ,
               and
               this
               ought
               to
               be
               moderated
               by
               affeerement
               of
               his
               equals
               ,
               
               or
               else
               a
               Writ
               
                 de
                 moderata
                 misericordia
              
               doth
               lie
               ,
               or
               because
               the
               party
               which
               offendeth
               
               putteth
               himself
               on
               the
               mercy
               of
               the
               KING
               .
            
             
               A
               fine
               is
               alwaies
               imposed
               and
               assessed
               by
               the
               Court
               ,
               but
               Amerciament
               by
               the
               Countrey
               .
            
          
           
             
               ANCESTOR
               .
            
             
               Ancestor
               is
               derived
               of
               the
               Latine
               word
               
                 〈…〉
                 sor
              
               ,
               and
               in
               law
               there
               is
               a
               difference
               between
               antecessor
               
               and
               predecessor
               ,
               for
               antecessor
               is
               applied
               to
               a
               naturall
               person
               ,
               as
               
                 I.
                 S.
                 &
                 antecess●●●s
                 ●ui
              
               ;
               but
               predecessor
               is
               applied
               to
               a
               body
               Politique
               ,
               or
               Corporate
               ,
               as
               
                 Epis.
                 Lond.
                 &
                 predecessores
                 .
                 S●●
                 Re●●●r
                 de
                 D.
                 &
                 predecessores
                 sui
                 .
              
            
          
           
             
               AN
               ,
               IOUR
               .
            
             
               
                 An
                 ,
                 iour
              
               ,
               The
               law
               in
               many
               cases
               hath
               limited
               a
               year
               and
               a
               day
               to
               be
               a
               legall
               ●and
               convenient
               time
               for
               many
               purposes
               ▪
               The
               Wife
               or
               Heir
               hath
               a
               year
               and
               a
               day
               ,
               to
               bring
               an
               appeal
               of
               death
               .
               If
               a
               man
               
               be
               wounded
               or
               poysoned
               ,
               and
               dieth
               thereof
               within
               the
               year
               and
               the
               day
               ,
               it
               is
               Felony
               .
               A
               protection
               shall
               be
               allowed
               but
               for
               a
               year
               and
               a
               day
               ,
               and
               no
               longer
               :
               a
               year
               and
               a
               day
               to
               remain
               in
               ●●ti●●t
               ●emes●e
               to
               enfranchise
               a
               Villain
               .
            
             
               
                 An
                 〈…〉
              
               ,
               and
               waste
               ,
               is
               a
               forfeiture
               when
               a
               man
               hath
               committed
               petty
               treason
               or
               felony
               ,
               and
               hath
               ●●nds
               which
               he
               holdeth
               of
               some
               common
               person
               ▪
               the
               King
               in
               detestation
               of
               the
               crime
               ,
               might
               by
               the
               Prerogative
               cause
               the
               trees
               to
               be
               digged
               up
               ,
               the
               houses
               to
               be
               ●ased
               and
               pull'd
               down
               ,
               and
               the
               pastures
               and
               meadows
               to
               be
               plowed
               up
               :
               but
               the
               land
               ▪
               so
               desaced
               were
               to
               escheate
               to
               the
               Lord
               ,
               and
               the
               King
               had
               no
               other
               benefit
               then
               before
               ,
               ●i●●o●
               the
               good
               of
               the
               Common-wealth
               it
               was
               provided
               by
               
                 Magna
                 Charta
              
               ,
               Chap.
               22.
               that
               instead
               of
               such
               
               spoil
               ,
               the
               King
               should
               have
               the
               lands
               of
               such
               ●●lon
               for
               a
               year
               and
               a
               day
               ,
               and
               afterwards
               the
               Lord
               
               to
               have
               it
               without
               such
               spoil
               .
               This
               Statute
               of
               
                 Prerogativa
                 Regis
              
               ,
               made
               in
               the
               47
               year
               of
               E.
               2.
               is
               thought
               by
               Stamford
               and
               others
               to
               be
               in
               force
               as
               to
               this
               point
               ,
               and
               hath
               made
               them
               conceive
               erroneously
               ,
               but
               that
               Statute
               being
               repealed
               by
               an
               Act
               in
               ●●
               E.
               3
               cap.
               1.
               the
               Act
               of
               
                 Magna
                 Charta
              
               ,
               as
               to
               this
               is
               still
               in
               force
               .
               The
               King
               shall
               not
               have
               
                 a●●●●●
                 diem
                 ,
                 &
                 vas●am
              
               of
               lands
               holden
               in
               Gavel
               ▪
               kind
               ,
               where
               the
               Father
               is
               hanged
               :
               but
               if
               he
               be
               outlawed
               and
               ab●ured
               for
               felony
               ,
               he
               shall
               .
               Some
               hold
               that
               the
               custom
               of
               
                 Kent
                 ,
                 The
                 Father
                 to
                 the
                 Bow
                 ,
                 the
                 Son
                 to
                 the
                 P●●●●
                 ,
              
               must
               be
               taken
               strictly
               ;
               for
               if
               he
               be
               attainted
               and
               die
               in
               prison
               ,
               his
               lands
               shall
               es●hea●
               .
               If
               one
               be
               
               arrested
               for
               selony
               ,
               and
               breaks
               the
               arrest
               ;
               so
               that
               in
               pursuit
               of
               him
               he
               is
               killed
               ,
               because
               he
               would
               not
               otherwise
               be
               taken
               ;
               the
               King
               in
               this
               case
               shall
               have
               the
               year
               ,
               day
               ,
               and
               waste
               .
            
          
           
             
               ANNATES
               .
            
             
               Annates
               ,
               seemeth
               to
               be
               all
               one
               with
               first-fruits
               ,
               because
               the
               rate
               of
               the
               first-fruits
               paid
               of
               spirituall
               things
               is
               after
               one
               years
               profit
               .
            
          
           
             
               ANNUITY
               .
            
             
               Annuity
               ,
               is
               a
               yearly
               payment
               of
               a
               certain
               sum
               of
               
               money
               granted
               to
               another
               in
               see
               for
               life
               or
               years
               ,
               charging
               the
               person
               of
               the
               grantor
               onely
               .
            
             
               For
               it
               ,
               no
               action
               lieth
               ,
               but
               onely
               a
               Writ
               of
               Annuity
               
               against
               the
               grantor
               or
               his
               heirs
               ,
               if
               the
               grantor
               grant
               for
               him
               and
               his
               heirs
               .
            
             
               If
               one
               grant
               to
               another
               an
               annuity
               
                 pro
                 consilio
                 impendendo
              
               ;
               if
               he
               will
               not
               give
               counsell
               ,
               the
               other
               may
               stay
               the
               annuity
               ,
               because
               he
               cannot
               have
               the
               
               thing
               ,
               for
               which
               he
               grants
               the
               annuity
               ;
               It
               is
               a
               conditionall
               grant
               ,
               though
               there
               be
               not
               any
               word
               of
               a
               condition
               .
            
             
               If
               one
               grant
               to
               one
               learned
               in
               the
               Law
               ,
               or
               in
               Physick
               ,
               an
               annuity
               for
               terme
               of
               the
               life
               of
               the
               
               Grantee
               
                 pro
                 consilio
                 impendendo
              
               to
               the
               Grantor
               ;
               and
               the
               Grantor
               dieth
               ,
               the
               annuity
               shall
               not
               cease
               by
               this
               ,
               but
               the
               Grantee
               shall
               hold
               for
               ●erm
               of
               his
               
               life
               ,
               and
               yet
               it
               was
               granted
               ,
               and
               was
               executorie
               for
               the
               Counsell
               ,
               but
               no
               Counsell
               may
               be
               given
               to
               the
               Grantor
               when
               he
               is
               dead
               ,
               so
               that
               by
               the
               act
               of
               God
               ,
               the
               Grantee
               is
               discharged
               of
               giving
               Counsell
               .
            
             
               If
               an
               Annuity
               be
               granted
               
                 pro
                 consili●
                 impenso
                 &
                 impendendo
              
               ,
               and
               the
               Grantee
               commit
               Treason
               whereby
               he
               is
               imprisoned
               ,
               so
               that
               the
               Grantor
               cannot
               have
               access
               unto
               him
               for
               his
               Counsell
               ,
               yet
               
               nevertheless
               the
               annuity
               is
               not
               determined
               by
               this
               non
               feasance
               ,
               yet
               it
               was
               the
               Grantees
               act
               and
               default
               to
               commit
               the
               Treason
               ,
               whereby
               the
               imprisonment
               grew
               ,
               but
               the
               Law
               excuseth
               him
               ;
               because
               the
               not
               giving
               counsell
               was
               compulsory
               ,
               and
               not
               voluntary
               in
               regard
               of
               the
               imprisonment
               .
            
             
               If
               I
               grant
               to
               
                 I.
                 S.
              
               an
               annuity
               of
               ten
               pounds
               a
               a
               year
               
                 pro
                 consilio
                 impenso
                 &
                 impendendo
              
               ;
               If
               
                 I.
                 S.
              
               be
               
               a
               Physician
               ,
               it
               shall
               be
               understood
               of
               his
               counsell
               in
               Physick
               ,
               if
               a
               Lawyer
               of
               his
               counsell
               in
               Law.
               An
               annuity
               is
               granted
               
                 pro
                 consilio
                 impenso
                 ,
                 &
                 impendendo
              
               to
               one
               Pl●mer
               Attorney
               ,
               there
               is
               contention
               between
               the
               Grantor
               and
               a
               stranger
               ,
               and
               the
               Attorney
               
                 dat
                 consilium
                 adversario
                 concess●ris
                 ,
                 sed
                 non
                 est
                 requisitus
                 ad
                 dandum
                 consilium
                 per
                 concessorem
                 sibi
                 in
                 illa
                 materia
                 ,
              
               whether
               this
               were
               against
               the
               effect
               and
               intention
               of
               the
               former
               grant
               ,
               and
               it
               was
               held
               no
               ,
               but
               the
               Annuity
               shall
               continue
               .
            
          
           
             
               APPEAL
               .
            
             
               Appeal
               cometh
               of
               the
               French
               word
               Appeller
               ,
               
               that
               signifieth
               to
               accuse
               or
               appeach
               ,
               it
               is
               an
               accusation
               ,
               or
               of
               appeller
               to
               call
               ,
               because
               
                 appellans
                 vocat
                 reum
                 in
                 judicium
              
               ,
               He
               calleth
               the
               Defendant
               into
               judgement
               .
            
             
             
               There
               are
               three
               sorts
               of
               Appeals
               .
            
             
               
                 1.
                 
                 Of
                 wrong
                 to
                 his
                 Ancestor
                 ,
                 whose
                 Heir
                 male
                 he
                 is
                 ,
                 and
                 that
                 is
                 only
                 of
                 death
                 .
              
               
                 2.
                 
                 Of
                 wrong
                 to
                 the
                 Husband
                 ,
                 and
                 is
                 by
                 the
                 wife
                 
                 only
                 of
                 the
                 death
                 of
                 her
                 Husband
                 to
                 be
                 prosecuted
                 whilest
                 she
                 is
                 a
                 widow
                 .
              
               
                 3.
                 
                 Of
                 Wrongs
                 done
                 to
                 the
                 appellants
                 themselves
                 ,
                 as
                 robbery
                 ,
                 rape
                 ,
                 and
                 mayhem
                 .
              
            
             
               The
               Law
               prohibireth
               not
               counsell
               in
               an
               appeal
               ,
               
               as
               it
               doth
               in
               an
               Indictment
               ,
               became
               there
               is
               no
               appeal
               brought
               ,
               but
               that
               of
               common
               presumption
               ,
               the
               appellant
               hath
               great
               malice
               against
               the
               Appell●e
               .
               As
               when
               the
               Appeal
               is
               brought
               by
               the
               wife
               of
               the
               death
               of
               her
               Husband
               ,
               or
               by
               the
               Sonne
               of
               the
               death
               of
               his
               father
               ,
               or
               that
               an
               appeal
               of
               robbery
               is
               brought
               for
               stealing
               of
               goods
               :
               but
               when
               that
               man
               is
               indicted
               at
               the
               Kings
               suit
               ,
               the
               King
               intendeth
               nothing
               but
               justice
               with
               favour
               .
            
             
               If
               he
               that
               is
               attainted
               of
               Treason
               or
               Felony
               be
               slain
               by
               one
               that
               hath
               no
               authority
               ,
               in
               this
               Case
               his
               eldest
               son
               can
               have
               no
               appeal
               ,
               for
               he
               must
               bring
               his
               appeal
               as
               Heir
               ;
               which
               being
               
                 ex
                 provisiene
                 hominis
              
               ,
               he
               loseth
               ●
               ▪
               by
               the
               attainder
               of
               his
               father
               ,
               but
               his
               wife
               shall
               have
               an
               appeal
               ,
               because
               she
               is
               to
               have
               her
               appeal
               as
               wife
               ,
               which
               she
               remaineth
               ,
               notwithstanding
               the
               attainder
               ,
               because
               
                 maris
                 &
                 faeminae
                 conjunctio
                 est
                 de
                 jure
                 naturae
                 ,
              
               and
               therefore
               ●s
               indissoluble
               .
               The
               reason
               why
               a
               woman
               hath
               appeal
               
                 de
                 morte
                 viri
              
               ,
               is
               because
               by
               his
               death
               she
               is
               thought
               less
               able
               to
               live
               and
               maintain
               her self
               ;
               if
               she
               marry
               again
               ,
               her
               appeal
               is
               
               determined
               ,
               though
               the
               new
               married
               Husband
               be
               dead
               within
               a
               year
               and
               day
               after
               his
               death
               that
               was
               slain
               .
               The
               appeal
               must
               be
               within
               the
               year
               and
               a
               day
               after
               the
               Deed
               ,
               Cook
               4
               
                 Rep.
                 Cases
                 of
                 Ap.
                 &
              
               
               Indict
               .
               It
               shall
               be
               brought
               within
               a
               year
               after
               the
               stroke
               ,
               and
               not
               the
               death
               ,
               Stamford
               .
               
            
             
               An
               appeal
               of
               Mayhem
               is
               in
               manner
               but
               a
               trespass
               ,
               for
               he
               shall
               recover
               but
               damages
               ,
               yet
               the
               indictment
               shall
               say
               
                 quod
                 felonete
                 mahemavit
              
               .
            
          
           
             
               APPENDANT
               .
            
             
               Appendant
               is
               any
               inheritance
               belonging
               to
               another
               
               that
               is
               superiour
               or
               more
               worthy
               .
            
             
               The
               thing
               Appendant
               ought
               to
               agree
               with
               the
               nature
               and
               quality
               of
               the
               thing
               unto
               which
               it
               is
               appendant
               ,
               a
               Leet
               cannot
               be
               appendant
               to
               a
               Church
               or
               Chappel
               ,
               for
               they
               are
               of
               several
               natures
               ▪
            
             
               A
               thing
               corporate
               cannot
               be
               appendant
               to
               a
               thing
               corporate
               ,
               nor
               a
               thing
               incorporate
               ,
               to
               a
               
               thing
               incorporate
               ,
               but
               a
               thing
               incorporate
               as
               an
               advowson
               ,
               to
               a
               thing
               corporate
               as
               a
               Mannour
               ,
               or
               a
               thing
               corporate
               ,
               as
               Land
               ,
               to
               a
               thing
               incorporate
               ,
               as
               an
               Office.
               
            
          
           
             
               APPRENTICE
               .
            
             
               
                 Apprentices
                 ,
                 quasi
                 apprehensores
                 ,
                 apprendre
              
               to
               learn
               ,
               are
               such
               persons
               who
               do
               serve
               a
               certain
               time
               ,
               (
               for
               the
               most
               part
               seven
               years
               )
               by
               pact
               for
               the
               learning
               of
               any
               Art
               ,
               it
               is
               from
               the
               French
               word
               Apprendre
               ,
               which
               signifies
               to
               learn
               in
               any
               Art
               ,
               thence
               they
               have
               apprentisage
               ,
               and
               we
               apprentiship
               ,
               
               as
               also
               
                 apprentisage
                 ,
                 davocas
                 plaidans
                 ▪
              
               for
               the
               apprentiship
               of
               the
               Lawyers
               ,
               and
               thence
               with
               us
               some
               are
               called
               apprentices
               to
               the
               Law
               ,
               and
               sometime
               apprentices
               to
               the
               Bar
               ,
               who
               are
               those
               who
               are
               permitted
               
                 salutare
                 cancellos
                 fori
                 vel
                 barr●●
              
               there
               publickly
               to
               plead
               ,
               in
               the
               time
               of
               H.
               6.
               
               Fortescue
               saith
               ,
               there
               were
               in
               the
               Ins
               of
               Court
               and
               Chancery
               ,
               at
               the
               least
               2000
               of
               them
               ,
               which
               prodigious
               number
               may
               be
               admired
               ,
               since
               in
               the
               Parliament
               Rolls
               ,
               20
               Ed.
               1.
               
               Rot.
               5.
               
                 in
                 dorso
              
               :
               it
               is
               there
               ordained
               
                 in
                 his
                 verbis
                 ,
                 De
                 Attornatis
                 &
                 apprenticii●
                 ,
              
               
               
                 D.
                 Rex
                 injunxit
                 I.
                 de
              
               Metingham
               ,
               
                 &
                 sociis
                 suis
                 ,
                 quód
                 ipsi
                 per
                 eorum
                 discretionem
                 provideant
                 &
                 ordinent
                 certum
                 numerum
                 de
                 quolibet
                 Comitatu
                 de
                 melioribus
                 &
                 legalioribus
                 ,
                 &
                 libentiùs
                 addiscentibus
                 ,
                 secundum
                 quod
                 intellexerunt
                 quòd
                 Curiae
                 suae
                 &
                 populo
                 de
                 regno
                 melius
                 valere
                 poterit
                 ,
                 &
                 majus
                 commodum
                 fuerit
                 .
                 Et
                 quod
                 ipsi
                 quos
                 ad
                 hoc
                 eligerent
                 Curiam
                 sequantur
                 ,
                 &
                 se
                 de
                 negotiis
                 in
                 eadem
                 Curia
                 intromittant
                 ,
                 &
                 alii
                 non
                 .
                 Et
                 videtur
                 Regi
                 &
                 ejus
                 Concilio
                 ,
                 quod
                 septies
                 viginti
                 sufficere
                 poterint
                 ,
                 apponant
                 tamen
                 praesati
                 Iusticiarii
                 plures
                 si
                 viderint
                 esse
                 faciendum
                 ,
                 vel
                 numerum
                 anticipent
                 ,
                 &
                 de
                 aliis
                 remanentibus
                 fiat
                 per
                 discretionem
                 eorundem
                 Iusticiariorum
                 ,
              
               &c.
               
            
             
               These
               Apprentices
               of
               Law
               were
               prohibited
               to
               come
               to
               the
               Parliament
               at
               Coventry
               by
               Henry
               the
               fourth
               ,
               in
               the
               sixth
               year
               of
               his
               Reign
               ,
               as
               appears
               by
               a
               Writ
               directed
               to
               a
               Sheriff
               thus
               ,
               
                 Nolumus
                 autem
                 ,
                 quòd
                 tu
                 seu
                 aliquis
                 alius
                 vicecomes
                 Regni
                 nostri
                 praedicti
                 ,
                 aut
                 apprenticius
                 ,
                 five
                 aliquis
                 alius
                 homo
                 ad
                 Legem
                 aliqualiter
                 sit
                 elect
                 ,
              
               &c.
               therefore
               this
               Parliment
               was
               called
               
                 Parliamentum
                 indoctum
              
               and
               had
               in
               its
               design
               nothing
               more
               then
               the
               ruine
               of
               the
               Church
               and
               Laws
               .
            
          
           
             
               APPORTION
               .
            
             
               Apportion
               ,
               This
               word
               cometh
               of
               the
               word
               portio
               ,
               which
               signifieth
               a
               part
               of
               the
               whole
               ,
               and
               apportion
               
               signifieth
               a
               division
               or
               partition
               of
               a
               Rent
               or
               Common
               ,
               and
               is
               either
               ,
            
             
               
                 1.
                 
                 Voluntary
                 ,
              
               
                 2.
                 
                 Or
                 by
                 constraint
                 of
                 Law.
                 
              
            
          
           
             
               APPURTENANT
               .
            
             
               Appurtenant
               and
               Appendant
               are
               things
               that
               by
               time
               of
               prescription
               have
               belonged
               ,
               appertained
               ,
               and
               are
               joyned
               to
               another
               principal
               thing
               ,
               by
               which
               they
               pass
               and
               go
               as
               accessary
               to
               the
               same
               special
               
               thing
               by
               vertue
               of
               these
               words
               pertinentiis
               ,
               as
               Lands
               ,
               Advowsons
               ,
               Commons
               ,
               Waies
               ,
               Courts
               to
               a
               Mannour
               house
               ,
               or
               Office.
               Appendants
               are
               ever
               
               by
               prescription
               ,
               appurtenants
               may
               be
               created
               in
               some
               Cases
               ,
               at
               this
               day
               .
            
          
           
             
               ARBITREMENT
               .
            
             
               Arbitrement
               ,
               it
               is
               so
               called
               ,
               because
               the
               Judges
               elected
               therein
               may
               determine
               the
               controversie
               not
               according
               to
               the
               Law
               ,
               but
               
                 ex
                 boni●
                 viri
                 arbitrio
              
               ,
               or
               else
               because
               the
               parties
               to
               the
               controversie
               have
               submitted
               themselves
               to
               the
               judgment
               of
               the
               arbitrators
               ,
               not
               by
               compulsory
               meanes
               ,
               but
               
                 ex
                 libero
                 arbitrio
              
               ,
               out
               of
               their
               own
               accord
               .
               It
               is
               a
               power
               given
               by
               the
               parties
               litigant
               to
               some
               to
               hear
               and
               determine
               some
               matter
               in
               Suit
               between
               them
               ,
               to
               whose
               iudgment
               they
               bind
               themselves
               to
               stand
               .
            
             
               There
               is
               a
               diversity
               between
               it
               and
               concord
               ,
               
               that
               an
               arbitrement
               may
               be
               pleaded
               ,
               although
               the
               time
               of
               performance
               of
               it
               be
               not
               yet
               come
               ,
               but
               a
               concord
               ought
               to
               be
               executed
               ,
               and
               satisfied
               before
               the
               action
               brought
               ,
               or
               it
               is
               no
               good
               plea.
               
            
             
               Five
               things
               are
               incident
               to
               an
               Arbitrement
               .
            
             
               
                 1.
                 
                 Matter
                 of
                 controversie
                 .
                 
              
               
                 2.
                 
                 Submission
                 .
              
               
                 3.
                 
                 Parties
                 to
                 the
                 Submission
                 .
              
               
                 4.
                 
                 Arbitrators
                 .
              
               
                 5.
                 
                 Rendring
                 the
                 award
                 ,
                 which
                 may
                 be
                 either
                 
                   
                     1.
                     
                     By
                     word
                     or
                     ,
                  
                   
                     2.
                     
                     By
                     writing
                     .
                  
                
              
            
          
           
             
               ARRAIGN
               .
            
             
               Arraign
               ,
               A
               prisoner
               is
               said
               to
               be
               arraigned
               ,
               when
               
               he
               is
               indicted
               ,
               and
               put
               to
               his
               tryal
               .
            
             
               One
               arraigned
               upon
               an
               an
               indictment
               of
               selony
               
               or
               murder
               shall
               have
               no
               counsell
               ,
               but
               the
               Judges
               shall
               so
               instruct
               him
               in
               all
               things
               that
               pertain
               to
               the
               order
               of
               pleading
               ,
               that
               he
               shall
               run
               in
               no
               danger
               
               by
               his
               mispleading
               ,
               to
               arraign
               an
               Assise
               to
               prosecute
               by
               such
               a
               Writ
               .
            
          
           
             
               ARREST
               .
            
             
               Arrest
               ,
               is
               derived
               as
               some
               think
               of
               the
               French
               
               word
               arrester
               to
               stay
               ,
               or
               from
               the
               Greek
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               a
               Decree
               or
               Sentence
               of
               the
               Court.
               
            
             
               Arrest
               is
               when
               one
               is
               taken
               and
               restrained
               from
               his
               Liberty
               by
               power
               or
               colour
               of
               a
               lawfull
               warrant
               .
               Arrest
               signifieth
               properly
               ,
               a
               decree
               of
               a
               Court
               ,
               be
               vertue
               of
               which
               a
               man
               is
               arrested
               ,
               &c.
               
            
             
               If
               a
               man
               be
               struck
               ,
               and
               it
               is
               doubtfull
               whether
               he
               will
               die
               ,
               a
               man
               may
               arrest
               him
               which
               struck
               him
               ,
               untill
               it
               be
               known
               whether
               he
               will
               die
               or
               no.
               
               
            
             
               The
               person
               of
               a
               B●ron
               which
               is
               a
               Peer
               of
               the
               Parliament
               ,
               shall
               not
               be
               arrested
               in
               Debt
               or
               Trespass
               for
               his
               body
               ,
               for
               none
               o●
               the
               Nobility
               
               which
               is
               Lord
               of
               the
               Parliament
               ,
               and
               by
               the
               Law
               ought
               to
               betryed
               by
               his
               Peers
               ,
               shall
               be
               arrested
               by
               is
               body
               .
            
             
               The
               Law
               intends
               that
               they
               a●hst
               the
               King
               with
               their
               counsell
               for
               the
               Common-wealth
               ,
               and
               keep
               the
               Realm
               in
               safety
               by
               their
               prowesse
               and
               valour
               .
               And
               they
               are
               intended
               to
               have
               sufficient
               in
               Lands
               whereby
               they
               may
               be
               distrained
               ,
               this
               Priviledge
               extends
               also
               to
               women
               that
               are
               Countesses
               by
               birth
               or
               marriage
               ,
               if
               those
               by
               marriage
               loose
               not
               that
               dignity
               by
               intermarriage
               with
               one
               under
               the
               degree
               of
               Nobility
               .
               They
               shall
               not
               therefore
               be
               put
               
               in
               Juries
               ,
               although
               it
               be
               the
               service
               of
               the
               Countrey
               .
            
             
               An
               arrest
               in
               the
               night
               is
               lawfull
               ,
               for
               the
               Officer
               ought
               to
               arrest
               a
               man
               when
               he
               can
               be
               found
               ,
               for
               otherwise
               peradventure
               he
               shall
               never
               arrest
               him
               ,
               
                 quia
                 qui
                 male
                 agit
                 odit
                 lucem
                 ,
              
               and
               if
               the
               Officer
               do
               not
               arrest
               him
               when
               he
               findeth
               him
               and
               may
               
               arrest
               him
               ,
               the
               Plaintiff
               shall
               have
               an
               action
               upon
               the
               Case
               ,
               and
               recover
               all
               his
               loss
               in
               dammages
               .
               
               No
               man
               shall
               be
               arrested
               upon
               the
               Sabbath
               day
               by
               a
               new
               act
               ,
               &c.
               
            
          
           
             
               ASSAULT
               .
            
             
               Assault
               ,
               is
               from
               the
               Latine
               word
               Assultus
               ,
               which
               denoteth
               a
               leaping
               or
               flying
               upon
               a
               man
               ,
               so
               that
               it
               cannot
               be
               performed
               without
               the
               offer
               of
               some
               hurtfull
               blow
               ,
               or
               atleast
               some
               fearfull
               speech
               ,
               and
               therefore
               to
               rebuke
               a
               Collector
               with
               foul
               words
               ,
               so
               that
               he
               departed
               for
               fear
               without
               doing
               his
               Office
               ,
               was
               taken
               for
               an
               assault
               .
               To
               strike
               at
               a
               man
               
               though
               he
               were
               neither
               hurt
               nor
               hit
               with
               the
               blow
               ,
               was
               adjudged
               ●n
               assault
               22
               
                 lib.
                 Ass.
                 Plea.
              
               60.
               
               Assault
               doth
               not
               alwaies
               imply
               necessarily
               a
               hitting
               and
               therefore
               in
               trespass
               ,
               for
               assault
               and
               battery
               ,
               a
               man
               may
               be
               found
               guilty
               of
               the
               assault
               ,
               and
               yet
               excused
               of
               the
               battery
               .
               40
               Ed.
               3
               ,
               4.
               and
               25
               Ed.
               3.
               24.
               
            
          
           
             
               ASSEMBLY
               .
            
             
               
                 Assembly
                 ,
                 unlawfull
              
               ,
               is
               where
               above
               the
               number
               of
               two
               do
               assemble
               to
               do
               some
               unlawfull
               act
               .
               
            
          
           
             
               ASSISE
               .
            
             
               Assise
               sayeth
               
                 Littleton
                 ,
                 est
                 nomen
                 aequivocum
              
               ,
               sometimes
               it
               is
               taken
               for
               a
               Jury
               ,
               for
               in
               the
               record
               of
               an
               Assise
               ,
               the
               word
               is
               
                 Assisa
                 venit
                 recognitura
              
               ,
               &c
               ▪
               is
               the
               same
               as
               
                 Iurata
                 venit
                 recognitura
              
               ,
               and
               in
               a
               Writ
               of
               right
               the
               Tenant
               putting
               himself
               on
               God
               ,
               and
               the
               great
               Assise
               is
               the
               same
               as
               upon
               God
               and
               his
               Countrey
               ,
               viz.
               the
               Jury
               ,
               but
               most
               properly
               it
               is
               taken
               for
               a
               Writ
               or
               Action
               ,
               and
               it
               lieth
               where
               any
               man
               is
               put
               out
               of
               his
               Lands
               ,
               Tenements
               or
               any
               profit
               to
               be
               taken
               in
               a
               certain
               place
               ,
               and
               so
               disseised
               of
               his
               Freehold
               .
               At
               the
               common
               Law
               assise
               was
               
                 remedi●m
                 maxime
                 festinum
              
               ,
               for
               in
               this
               the
               Defendant
               shall
               not
               pray
               the
               aid
               of
               any
               but
               the
               King
               ,
               also
               
                 maxime
                 beneficiale
              
               ,
               for
               in
               no
               action
               at
               the
               Common
               Law
               a
               man
               shall
               recover
               
               Land
               it self
               ,
               and
               damages
               ,
               but
               only
               in
               an
               Assise
               against
               the
               disseisor
               .
            
             
               There
               be
               four
               Assises
               in
               an
               Assise
               of
               Novell
               disseism
               ,
               of
               Mort
               dancester
               ,
               of
               darreine
               presentment
               ,
               and
               of
               Utrum
               .
            
             
               Assise
               cometh
               of
               the
               Latin
               word
               Assideo
               ,
               which
               is
               ●o
               associate
               or
               sit
               together
               .
            
          
           
             
               ASSUMPSIT
               .
            
             
               Assumpsit
               ,
               (
               of
               the
               Lat.
               assumptio
               )
               is
               a
               voluntary
               
               promise
               made
               by
               word
               ,
               by
               which
               a
               man
               assumeth
               and
               taketh
               upon
               him
               to
               perform
               or
               pay
               any
               thing
               to
               another
               .
            
             
               It
               holds
               good
               in
               Law
               ,
               when
               there
               is
               something
               laid
               down
               in
               consideration
               :
               For
               a
               promise
               without
               consideration
               will
               not
               bind
               in
               Law
               to
               performance
               ,
               but
               is
               called
               
                 nudum
                 pactum
                 ex
                 quo
                 non
                 oritur
                 actio
                 .
              
            
          
           
             
               ATTACHMENT
               .
            
             
               Attachment
               ,
               signifieth
               a
               taking
               hold
               ,
               or
               apprehending
               by
               commandement
               of
               Writ
               ,
               from
               the
               French
               word
               attacher
               .
            
             
               It
               differs
               from
               an
               arrest
               or
               Capias
               ,
               for
               that
               proceedeth
               out
               of
               the
               inferiour
               Courts
               by
               precept
               and
               Attachment
               out
               of
               the
               Superiour
               Courts
               .
               By
               Precept
               or
               Writ
               ,
               an
               arrest
               is
               only
               upon
               the
               body
               
               of
               a
               man
               ,
               an
               Attachment
               is
               more
               general
               ,
               and
               extends
               to
               the
               taking
               of
               goods
               .
               Kitchin
               saith
               a
               man
               may
               attach
               a
               Cow.
               
            
          
           
             
               ATTAINDER
               .
            
             
               Attainder
               ,
               is
               when
               a
               man
               hath
               committed
               Treason
               or
               Felony
               ,
               and
               after
               conviction
               judgment
               hath
               passed
               upon
               him
               ,
               he
               is
               then
               said
               to
               be
               attainted
               ,
               and
               such
               attainder
               hath
               these
               effects
               ,
               that
               his
               blood
               is
               so
               stained
               and
               corrupted
               thereby
               ,
               that
               he
               is
               said
               to
               be
               convicted
               when
               the
               Jury
               hath
               found
               him
               guilty
               ,
               but
               not
               attainted
               till
               judgment
               .
               
               If
               a
               man
               doth
               adhere
               to
               the
               Kings
               enemies
               ,
               and
               die
               ,
               or
               be
               slain
               before
               a
               tainder
               ,
               he
               shall
               forfeit
               nothing
               ,
               nor
               shall
               his
               blood
               be
               corrupt
               .
               This
               was
               the
               case
               of
               
                 Iack
                 Cade
              
               ,
               who
               being
               slain
               in
               open
               Rebellion
               could
               no
               way
               be
               punished
               ,
               or
               forfeit
               any
               thing
               ,
               and
               therefore
               in
               the
               29
               th
               year
               of
               H.
               6.
               cap.
               1.
               was
               attainted
               by
               Parliament
               ;
               before
               that
               time
               it
               was
               rare
               to
               attaint
               a
               man
               after
               his
               death
               ,
               but
               since
               frequent
               .
            
             
               
                 1.
                 
                 His
                 Children
                 cannot
                 be
                 Heirs
                 to
                 him
                 ,
                 nor
                 any
                 
                 other
                 Ancestor
                 .
              
               
                 2.
                 
                 If
                 he
                 were
                 noble
                 and
                 gentle
                 before
                 ,
                 he
                 and
                 all
                 his
                 Children
                 and
                 Posterity
                 are
                 by
                 his
                 attainder
                 made
                 base
                 and
                 ignoble
                 in
                 respect
                 of
                 any
                 Nobility
                 or
                 Gen●ry
                 which
                 they
                 had
                 by
                 their
                 birth
                 .
              
               
                 3.
                 
                 This
                 corruption
                 of
                 blood
                 is
                 so
                 high
                 ,
                 that
                 regularly
                 it
                 cannot
                 be
                 possibly
                 salved
                 but
                 by
                 Authority
                 of
                 Parliament
                 .
                 The
                 Kings
                 Letters
                 Patents
                 will
                 not
                 do
                 it
                 .
              
            
          
           
             
               ATTAINT
               .
            
             
               Attaint
               ,
               is
               a
               Writ
               that
               lieth
               where
               a
               false
               verdict
               is
               given
               in
               Court
               of
               Record
               upon
               an
               issue
               joyned
               by
               the
               parties
               and
               of
               antient
               Writers
               it
               is
               called
               
                 breve
                 de
                 convictione
              
               ,
               and
               is
               derived
               of
               the
               participle
               tinctus
               ,
               or
               attinctus
               ,
               because
               if
               the
               p●rty
               Jury
               be
               attainted
               of
               a
               false
               Oath
               ,
               they
               are
               stained
               with
               perjury
               ,
               and
               become
               infamous
               
               for
               ever
               ,
               for
               the
               judgment
               of
               the
               Common
               Law
               in
               the
               attaint
               importeh
               eight
               great
               and
               grievous
               punishments
               .
            
             
               
                 1.
                 
                 Quòd
                 amittat
                 liberam
                 Legem
                 in
                 perpetuum
                 ,
                 
                   he
                   shall
                   never
                   be
                   received
                   to
                   be
                   a
                   witness
                   ,
                   or
                   of
                   any
                   Jury
                   ,
                   nor
                   can
                   he
                   be
                   Champion
                   in
                   a
                   Writ
                   of
                   Right
                   .
                
              
               
                 2.
                 
                 Quòd
                 fo●is
                 faciat
                 omnia
                 ▪
                 bona
                 &
                 catalla
                 sua
                 .
              
               
                 
                 3.
                 
                 Quòd
                 terrae
                 &
                 tenementa
                 in
                 manus
                 Domint
                 Regis
                 capiantur
                 .
              
               
                 4.
                 
                 Quòd
                 u●●res
                 &
                 liberi
                 extra
                 domus
                 suas
                 ejicerentur
                 .
                 
              
               
                 5.
                 
                 Quòd
                 domus
                 suae
                 prost●entur
                 .
              
               
                 6.
                 
                 Quòd
                 arbores
                 suae
                 extirpentur
                 .
              
               
                 7.
                 
                 Quòd
                 p●ata
                 sua
                 arentur
                 .
              
               
                 8.
                 
                 Quòd
                 ●o●●●ra
                 sua
                 carceri
                 mancipentur
                 .
              
            
             
               It
               is
               a
               Substantive
               made
               (
               say
               some
               )
               of
               the
               French
               verb
               
                 atteindre
                 ,
                 id
                 est
                 ,
                 asse
                 qui
              
               or
               attingere
               ,
               because
               he
               is
               catched
               and
               overtaken
               ,
               rather
               of
               the
               French
               teindre
               ,
               in
               Latin
               ●in●ere
               to
               stain
               ,
               dye
               ,
               colour
               ,
               
                 unde
                 Gal.
                 Teint
              
               Latin
               tinctus
               ,
               as
               we
               say
               ,
               he
               is
               attainted
               ,
               or
               tainted
               of
               Treason
               ,
               
                 i.
                 e.
              
               stained
               .
            
          
           
             
               ATTORNEY
               .
            
             
               Attorney
               ,
               is
               an
               antient
               English
               word
               ,
               and
               signifieth
               one
               that
               is
               set
               in
               the
               turn
               ,
               stead
               ,
               or
               place
               of
               another
               .
               Of
               these
               some
               be
               private
               and
               some
               be
               publick
               ,
               
               as
               Attorneys
               at
               Law
               ,
               whose
               Warrant
               from
               his
               ●laster
               is
               ,
               
                 ponet
                 ●●●o
                 su●
                 talem
                 Attornatum
                 suum
                 ,
              
               which
               setteth
               in
               his
               turn
               or
               place
               ,
               such
               a
               man
               to
               be
               his
               Attorney
               .
               Those
               that
               be
               private
               are
               sometimes
               by
               writing
               ,
               sometimes
               by
               word
               ,
               to
               make
               or
               take
               Livery
               or
               Possession
               ,
               to
               make
               claim
               to
               Lands
               ,
               to
               enter
               to
               sue
               ,
               &c.
               
               And
               it
               is
               a
               Rule
               ,
               that
               where
               the
               Attorney
               doth
               less
               then
               the
               Authority
               
               and
               commandment
               ,
               all
               that
               he
               doth
               is
               void
               ,
               but
               where
               he
               doth
               that
               which
               he
               is
               authorized
               to
               do
               ,
               and
               more
               ,
               it
               is
               good
               ,
               for
               so
               much
               as
               is
               warranted
               ,
               and
               void
               for
               the
               rest
               .
               If
               a
               man
               be
               disseised
               of
               black
               Acre
               ,
               and
               white
               Acre
               ,
               and
               a
               Warrant
               of
               Attorney
               is
               made
               to
               enter
               into
               both
               ,
               and
               make
               Livery
               ,
               and
               the
               Attorney
               entereth
               only
               into
               one
               and
               maketh
               Livery
               ,
               it
               is
               void
               for
               all
               .
               So
               if
               a
               Letter
               of
               Attorney
               be
               made
               to
               
               deliver
               seisin
               upon
               a
               condition
               ,
               and
               he
               doth
               it
               without
               a
               condition
               ,
               it
               is
               void
               ,
               because
               he
               did
               less
               then
               his
               Authority
               .
               But
               if
               one
               have
               Authority
               to
               deliver
               seisin
               to
               
                 I.
                 S
                 ▪
              
               and
               he
               do
               it
               to
               
                 I.
                 S.
              
               and
               
                 I.
                 N.
              
               that
               is
               good
               as
               to
               
                 I.
                 S.
              
               because
               more
               then
               his
               Authority
               .
            
          
           
             
               ATTOURNEMENT
               .
            
             
               Attournement
               ,
               is
               an
               agreement
               of
               the
               Tenant
               
               to
               the
               grant
               of
               the
               Seignory
               or
               of
               a
               Rent
               ,
               or
               of
               the
               Donee
               in
               tail
               ,
               or
               Tenant
               for
               life
               or
               years
               ,
               to
               a
               grant
               of
               a
               reversion
               ,
               or
               remainder
               made
               to
               another
               .
               It
               is
               an
               antient
               word
               of
               Art
               ,
               and
               in
               the
               Common
               Law
               signifieth
               a
               torning
               or
               attorning
               from
               one
               to
               another
               ,
               we
               use
               also
               attornamentum
               as
               a
               Latin
               word
               ,
               
                 &
                 attornare
              
               to
               attorn
               .
               A
               grant
               to
               the
               King
               ,
               or
               by
               the
               King
               to
               another
               ,
               is
               good
               without
               attornment
               by
               his
               Prerogative
               .
               Also
               where
               one
               doth
               grant
               a
               Rent
               ,
               Reversion
               ,
               Remainder
               ,
               Service
               ,
               or
               Seignory
               to
               another
               by
               way
               of
               devise
               ,
               by
               a
               last
               Will
               and
               Testament
               .
               So
               when
               the
               thing
               granted
               doth
               pass
               by
               way
               of
               use
               ,
               as
               where
               one
               l●vieth
               a
               Fine
               ,
               bargaineth
               and
               selleth
               ,
               hath
               Inrolement
               or
               Covenants
               to
               stand
               seised
               of
               a
               reversion
               ,
               &c.
               to
               the
               use
               of
               another
               there
               needeth
               no
               attornment
               ▪
               Conusee
               of
               a
               fine
               ,
               of
               a
               seigniory
               ,
               rent
               ,
               reversion
               ,
               &c.
               before
               attornment
               ,
               cannot
               maintain
               an
               Action
               of
               Wast
               ,
               nor
               a
               Writ
               of
               Entry
               
                 ad
                 Communem
                 Legem
              
               ,
               or
               in
               
                 Casu
                 promis●ae
              
               ,
               or
               in
               
                 consimili
                 Casu
              
               ,
               upon
               the
               alienation
               of
               the
               Tenant
               escheate
               upon
               the
               dying
               of
               the
               Tenant
               without
               heir
               ,
               or
               ward
               upon
               his
               dying
               his
               Heir
               within
               age
               therefore
               by
               force
               the
               ingrosment
               of
               the
               fine
               ,
               if
               it
               be
               of
               a
               Seigniory
               ,
               he
               may
               compell
               the
               Tenant
               to
               attorn
               by
               a
               Writ
               called
               a
               
                 Per
                 que
                 servitia
              
               ,
               if
               of
               a
               rent
               ,
               by
               a
               Writ
               called
               a
               
                 Quem
                 redditum
                 reddit
              
               ,
               and
               if
               of
               a
               reversion
               ,
               or
               remainder
               of
               a
               Tenement
               
               for
               life
               ,
               then
               by
               a
               Writ
               called
               a
               
                 Quid
                 Iuris
                 clamat
              
               .
            
          
           
             
               AWARD
               .
            
             
               Award
               of
               the
               French
               word
               agarder
               ,
               which
               is
               to
               decide
               or
               judg
               .
            
             
               Which
               is
               either
            
             
               
                 1.
                 
                 Interloqu●tory
                 .
              
               
                 2.
                 
                 Or
                 Definitive
                 .
              
            
          
           
             
               AVOWRY
               .
            
             
               Avowry
               ,
               is
               a
               manifestation
               or
               maintenance
               of
               a
               thing
               formerly
               done
               ,
               and
               cometh
               of
               a
               French
               word
               Advouer
               ,
               and
               it
               is
               used
               in
               our
               Law
               when
               one
               hath
               taken
               a
               distress
               for
               Rent
               or
               other
               things
               ,
               and
               he
               who
               is
               distrained
               sueth
               a
               Replevin
               ,
               and
               he
               that
               took
               the
               distress
               doth
               justifie
               .
            
             
               
                 Auxilium
                 ad
                 filium
                 militem
                 faciendum
                 ,
                 &
                 ad
              
               
               
                 filium
                 maritandum
              
               ,
               is
               a
               Writ
               directed
               to
               the
               Sheriff
               of
               every
               County
               where
               the
               King
               or
               other
               Lord
               hath
               any
               Tenants
               to
               levy
               of
               them
               reasonable
               aid
               towards
               the
               Knighting
               of
               his
               Sonne
               at
               15
               years
               or
               the
               marriage
               of
               his
               daughter
               at
               7
               ,
               at
               the
               Common
               Law
               it
               was
               not
               limited
               ,
               yet
               ought
               to
               have
               been
               
               
                 rationabile
                 auxilium
              
               ,
               but
               now
               it
               is
               limited
               to
               20
               s.
               for
               a
               Knights
               Fee
               ,
               and
               so
               for
               20
               l.
               
                 per
                 annum
                 in
                 soccagio
              
               .
            
          
           
             
               AYDE
               .
            
             
               Ayde
               ,
               is
               where
               a
               particular
               ●●●●rietor
               is
               impleaded
               and
               not
               being
               able
               to
               defend
               the
               thing
               for
               which
               he
               is
               impleaded
               ,
               he
               prayeth
               ay●e
               of
               some
               better
               able
               ,
               and
               it
               is
               two
               waies
               .
            
             
               
                 1.
                 
                 In
                 a
                 Plea
                 reall
                 
                   teners
                   ●●tit
                   auxilium
                   de
                
                 A
                 S.
                 
                   sine
                   quo
                   respond
                   ●e
                   n●●●otest
                
                 
              
               
                 2.
                 
                 In
                 a
                 Plea
                 〈…〉
                 all
                 ,
                 and
                 then
                 the
                 Defendant
                 
                   pet●
                   auxilium
                   ad
                   manulerendum
                   exititium
                
                 .
              
            
          
        
         
           
           
             B.
             
          
           
             
               BAIL
               .
            
             
               BAil
               or
               ballium
               is
               safe
               keeping
               or
               protection
               ,
               and
               
               thereupon
               we
               say
               ,
               when
               a
               man
               upon
               surety
               is
               delievered
               out
               of
               prison
               ,
               
                 trad●tu●
                 in
                 ballium
              
               ,
               he
               is
               delivered
               into
               bail
               ,
               i.
               e.
               into
               their
               ●●●●
               keeping
               ,
               or
               protection
               from
               prison
               ,
               it
               is
               derived
               from
               the
               French
               word
               baille●
               ,
               and
               that
               also
               cometh
               of
               the
               Greek
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               they
               both
               signifie
               to
               deliver
               into
               hand
               ,
               for
               he
               that
               is
               bailed
               ,
               is
               taken
               out
               of
               prison
               ,
               and
               delivered
               into
               the
               hands
               of
               his
               friends
               .
            
          
           
             
               BAILEMENT
               .
            
             
               Bailement
               ,
               is
               a
               delivery
               of
               things
               ,
               writings
               ,
               goods
               ,
               or
               stuff
               to
               another
               .
            
             
               The
               Intendment
               of
               Law
               in
               Cases
               of
               Bailement
               is
               that
               it
               resteth
               indifferent
               ,
               whether
               he
               be
               guilty
               or
               not
               untill
               tryal
               .
            
          
           
             
               BAILIFF
            
             
               Bailiff
               ,
               This
               word
               Baille
               (
               as
               some
               say
               )
               cometh
               of
               the
               French
               word
               Bailiff
               in
               Latin
               Bailivus
               ,
               but
               
               in
               truth
               ,
               Bailie
               is
               an
               old
               Saxon
               word
               ,
               and
               sigfieth
               a
               safe
               Keeper
               or
               Protector
               ,
               the
               Sheriff
               that
               hath
               
                 custodiam
                 comitatus
              
               ,
               is
               called
               balivus
               ,
               and
               the
               County
               
                 baliva
                 sua
              
               ,
               when
               he
               cannot
               find
               the
               Desendant
               ,
               he
               returned
               ,
               
                 non
                 est
                 inventus
                 in
                 bali●●
                 mea
                 .
              
            
          
           
             
               BANK
               .
            
             
               Bank
               ,
               is
               a
               Saxon
               word
               ,
               and
               signifieth
               a
               bench
               ,
               or
               high
               seat
               or
               a
               Tribunal
               ,
               and
               is
               properly
               applyed
               to
               the
               Justices
               of
               the
               Court
               of
               Common
               Pleas
               ,
               because
               the
               Justices
               of
               that
               Court
               sit
               there
               
               in
               a
               certain
               place
               ,
               and
               legall
               Records
               term
               them
               
                 Iusticiarii
                 de
                 ban●●
              
               .
               Another
               Court
               there
               is
               called
               the
               Kings
               Bench
               ,
               both
               because
               the
               Records
               of
               
               that
               Court
               are
               stiled
               
                 coram
                 Rege
              
               ,
               and
               because
               Kings
               in
               former
               times
               have
               often
               personally
               sate
               there
               .
            
          
           
             
               BARGAIN
               .
            
             
               Bargain
               ,
               and
               sale
               is
               when
               a
               recompence
               is
               given
               by
               both
               the
               parties
               to
               the
               bargain
               .
               By
               it
               
               Lands
               may
               pass
               without
               livery
               of
               S●isin
               ,
               if
               the
               bargain
               and
               sale
               be
               by
               deed
               indented
               ,
               sealed
               and
               in●olled
               .
            
             
               A
               warranty
               made
               upon
               the
               concluding
               of
               a
               bargan
               and
               sale
               doth
               bind
               ,
               but
               not
               if
               the
               warranty
               be
               made
               after
               the
               bargain
               concluded
               .
               If
               a
               man
               sell
               unto
               one
               certain
               cloth
               ,
               and
               warrant
               it
               to
               be
               of
               such
               a
               length
               ,
               and
               it
               is
               not
               of
               that
               length
               ,
               he
               which
               buyes
               the
               cloth
               ,
               may
               have
               an
               action
               of
               deceit
               against
               him
               ,
               but
               if
               the
               warranty
               be
               made
               at
               some
               other
               time
               after
               the
               bargain
               ,
               he
               may
               not
               have
               such
               
               a
               Writ
               ,
               unless
               the
               warranty
               be
               in
               writing
               .
            
             
               The
               Grant
               or
               bargain
               and
               sale
               of
               the
               profits
               of
               Land
               is
               the
               Grant
               of
               the
               Land
               it self
               ,
               for
               the
               profits
               of
               the
               Land
               ,
               and
               the
               Land
               it self
               are
               one
               and
               the
               self
               same
               thing
               in
               substance
               ,
               but
               one
               may
               lease
               his
               Park
               ,
               excepting
               the
               wood
               and
               underwood
               ,
               
               and
               his
               Mannor
               ,
               reserving
               the
               Warren
               ,
               but
               the
               soil
               of
               the
               wood
               and
               Warren
               shall
               go
               to
               the
               L●ssee
               .
               If
               I
               lease
               a
               farm
               ,
               excepting
               the
               wood
               ,
               or
               for
               so
               much
               of
               this
               farm
               as
               is
               woodland
               ,
               and
               may
               by
               the
               name
               of
               a
               wood
               be
               demanded
               in
               a
               precipe
               the
               soil
               it self
               is
               excepted
               ,
               but
               otherwise
               it
               is
               of
               pasture
               or
               arrable
               ground
               ,
               which
               hath
               wood
               growing
               upon
               it
               .
               
                 Cook
                 l.
              
               5.
               
               
                 Iors
                 Case
                 ,
                 &
                 l.
              
               11.
               
               
                 Laifords
                 Case
              
               .
            
          
           
             
               BARRE
               .
            
             
               Barre
               ,
               is
               a
               word
               common
               as
               well
               to
               the
               English
               as
               to
               the
               French
               ,
               of
               which
               cometh
               the
               Noun
               
               a
               Barre
               Barra
               .
               It
               signifieth
               legally
               destruction
               for
               ever
               ,
               or
               taking
               away
               for
               a
               time
               of
               the
               action
               
               of
               him
               that
               hath
               right
               ,
               it
               is
               called
               a
               Plea
               in
               Barre
               when
               such
               a
               Barre
               is
               pleaded
               .
            
          
           
             
               BARRETOR
               .
            
             
               Barretor
               ,
               is
               a
               common
               mover
               and
               exciter
               or
               
               maintainer
               of
               suits
               ,
               quarrells
               or
               parts
               either
               in
               Courts
               or
               else
               where
               in
               the
               Countrey
               .
               In
               Courts
               of
               Record
               or
               others
               ,
               as
               in
               the
               County
               ,
               Hundred
               ,
               or
               other
               inferiour
               Courts
               .
               In
               the
               County
               in
               three
               manners
               .
               1.
               
               In
               disturbance
               of
               the
               Peace
               ,
               in
               taking
               or
               keeping
               of
               Possessions
               ,
               or
               Lands
               in
               controversie
               ,
               not
               only
               by
               force
               ,
               but
               also
               by
               subtilty
               .
               2.
               
               And
               most
               commonly
               in
               suppression
               of
               truth
               and
               right
               .
               3.
               
               By
               false
               inventions
               and
               sowing
               of
               cal●mniations
               ,
               rumours
               ▪
               and
               reports
               ,
               whereby
               discord
               and
               disq●iet
               may
               grow
               between
               neighbours
               .
            
             
               A
               common
               Barretor
               ,
               or
               Barre
               offender
               ,
               is
               a
               common
               quareller
               ,
               mover
               ,
               or
               maintainer
               of
               quarrels
               ,
               either
               in
               the
               Court
               or
               Countrey
               .
               Some
               derive
               it
               of
               the
               French
               word
               Barrateur
               which
               signifieth
               
               a
               deceiver
               ,
               others
               of
               the
               Latin
               word
               Baratro
               ,
               which
               signifieth
               a
               vile
               knave
               or
               unthrift
               ,
               some
               of
               two
               legall
               words
               Barra
               ,
               which
               signifieth
               the
               Barre
               in
               Courts
               ,
               where
               causes
               are
               debated
               ,
               and
               rettum
               ,
               which
               signifieth
               a
               crime
               or
               offence
               .
               He
               is
               
                 seminator
                 litium
                 ,
                 &
                 pacis
                 Domini
                 Regis
                 perturbatur
                 .
              
            
          
           
             
               BASTARD
               .
            
             
               Bastard
               ,
               is
               he
               that
               is
               born
               of
               any
               woman
               not
               ma●●ied
               ,
               so
               that
               his
               father
               is
               not
               known
               by
               the
               
               order
               of
               the
               Law
               ,
               and
               therefore
               by
               the
               Law
               he
               is
               sometimes
               called
               
                 filius
                 nullius
              
               ,
               the
               son
               of
               no
               man
               ,
               sometimes
               
                 filius
                 populi
              
               the
               sonne
               of
               every
               man.
               
                 Cui
                 Pater
                 est
                 populus
                 ,
                 Pater
                 est
                 sibi
                 nullus
                 &
                 omnis
                 .
              
               
            
             
               
                 Cui
                 Pater
                 est
                 populus
                 ,
                 non
                 habet
                 ille
                 patrem
                 .
              
            
             
               The
               civil
               Law
               doth
               legitimate
               the
               Child
               born
               before
               matrimony
               ,
               as
               well
               as
               that
               which
               is
               born
               
               after
               :
               and
               giveth
               unto
               it
               succession
               in
               the
               Parents
               inheritance
               .
               But
               to
               the
               Child
               born
               out
               of
               matrimony
               ,
               the
               Law
               of
               England
               alloweth
               no
               succession
               The
               Civilians
               say
               ,
               
                 Matrimonium
                 subsequens
                 tollit
                 peccatum
                 prius
                 ;
                 matrimonium
                 subsequens
                 legitimos
                 sacit
                 quoad
                 sacerdotium
              
               ;
               (
               because
               they
               are
               legitimate
               by
               the
               Canon
               Law
               )
               
                 non
                 quoad
                 successionem
                 ,
                 propter
                 consuetudinem
                 regni
                 ,
                 quae
                 se
                 habet
                 in
                 contrarium
                 .
              
            
             
               The
               Bishops
               were
               instant
               with
               the
               Lords
               ,
               that
               they
               would
               consent
               ,
               That
               all
               such
               as
               were
               born
               asore
               matrimony
               should
               be
               legitimate
               ,
               as
               well
               as
               they
               that
               be
               born
               within
               matrimony
               ,
               as
               to
               the
               succession
               of
               imheritance
               ;
               because
               the
               Church
               accepteth
               such
               for
               legitimate
               .
               
                 Et
                 omnes
                 Comites
                 &
                 Barones
                 una
                 voce
                 responderunt
                 ,
                 Nolumus
                 leges
                 Angliae
                 mutare
                 ,
                 quae
                 huc
                 usque
                 usitatae
                 sunt
                 &
                 approbatae
                 :
              
               And
               all
               the
               Earls
               and
               Barons
               with
               one
               voice
               answered
               ,
               That
               they
               would
               not
               change
               the
               Laws
               of
               the
               Realm
               ,
               which
               hitherto
               had
               been
               used
               and
               approved
               .
            
             
               If
               a
               man
               take
               a
               wise
               ,
               which
               is
               great
               with
               child
               
               by
               another
               ,
               which
               was
               not
               her
               husband
               ;
               and
               after
               the
               child
               is
               born
               within
               the
               Espousals
               ,
               then
               it
               shall
               be
               said
               the
               child
               of
               her
               husband
               ,
               though
               it
               were
               but
               one
               day
               after
               the
               Espousals
               solemnized
               ,
               according
               to
               that
               ,
               
                 Pater
                 est
                 quem
                 nuptiae
                 demonstrant
              
               ,
               for
               whose
               the
               Cow
               is
               (
               as
               it
               is
               commonly
               said
               )
               his
               is
               the
               Calf
               also
               .
            
             
               There
               was
               an
               Act
               made
               ann
               .
               21.
               
               
                 Iacobi
                 Regis
              
               ,
               to
               prevent
               the
               destroying
               and
               murthering
               of
               Bastard
               children
               ,
               and
               it
               was
               continued
               .
               3.
               
               
                 Caroli
                 c.
              
               4.
               
               If
               any
               women
               be
               delivered
               of
               any
               issue
               ,
               which
               
               by
               the
               Laws
               of
               this
               Realm
               should
               have
               been
               a
               Bastard
               ,
               and
               shall
               endeavour
               by
               drowning
               ,
               or
               secret
               burying
               ,
               or
               any
               other
               way
               by
               her self
               or
               others
               to
               conceal
               the
               death
               thereof
               ,
               whether
               it
               
               were
               born
               alive
               or
               not
               ,
               the
               Mother
               so
               offending
               shall
               suffer
               death
               as
               in
               case
               of
               murder
               ,
               except
               ●he
               can
               prove
               by
               one
               witness
               at
               least
               ,
               that
               the
               same
               child
               was
               born
               dead
               .
            
             
               A
               Bastard
               killeth
               his
               Mother
               ,
               this
               seemeth
               p●●●y
               
               treason
               ,
               for
               the
               Mother
               is
               certainly
               known
               ,
               but
               a
               Bastard
               shall
               not
               be
               bound
               ,
               though
               the
               Father
               were
               a
               bondslave
               ,
               for
               the
               Law
               doth
               not
               acknowledg
               any
               Father
               in
               this
               case
               .
            
             
               A
               Bastard
               having
               gotten
               a
               name
               by
               reputation
               ,
               
               may
               purchase
               by
               his
               reputed
               or
               known
               name
               to
               him
               and
               his
               heirs
               ,
               although
               he
               can
               have
               no
               heir
               ,
               unless
               it
               be
               the
               issue
               of
               his
               body
               .
            
             
               A
               man
               makes
               a
               Lease
               to
               B.
               for
               life
               ,
               remainder
               to
               the
               eldest
               issue
               male
               of
               B.
               and
               the
               h●i●●
               males
               of
               his
               body
               ,
               B.
               hath
               issue
               a
               Bastard
               son
               ,
               he
               shall
               
               not
               take
               the
               remainder
               ,
               because
               in
               the
               Law
               he
               is
               not
               his
               issue
               ,
               for
               
                 qui
                 ex
                 damnato
                 ●●i●●
                 nascuntur
                 int●r
                 liberos
                 non
                 comput●ntur
                 .
              
               The
               ●ust●ces
               of
               
               Peace
               shall
               commit
               ●ewd
               women
               which
               have
               Bastards
               to
               the
               house
               of
               Correction
               ,
               there
               to
               be
               punished
               and
               set
               on
               work
               ,
               during
               the
               term
               of
               one
               whole
               year
               ,
               there
               to
               remain
               till
               she
               can
               put
               in
               good
               Sureties
               for
               her
               good
               behaviour
               not
               to
               offend
               so
               again
               .
            
          
           
             
               BATTERY
               .
            
             
               Battery
               ,
               is
               the
               wrongfull
               beating
               of
               one
               ;
               But
               if
               a
               man
               will
               take
               away
               my
               goods
               ,
               I
               may
               lay
               my
               hands
               upon
               him
               and
               disturb
               him
               ,
               and
               if
               he
               will
               not
               leave
               ,
               I
               may
               beat
               him
               ,
               rather
               then
               he
               shall
               carry
               them
               away
               ,
               for
               that
               is
               no
               wrongfull
               beating
               Menacing
               beginneth
               the
               breach
               of
               peace
               ,
               
               assaulting
               increaseth
               it
               ,
               and
               battery
               accomplisheth
               it
               .
            
          
           
             
             
               BUGGERY
               .
            
             
               Buggery
               ,
               committed
               with
               manking
               or
               beast
               is
               
               selon●
               without
               benefit
               of
               Clergy
               ,
               it
               being
               a
               sin
               against
               God
               ,
               Nature
               ,
               and
               the
               Law
               ,
               and
               in
               antient
               times
               such
               offenders
               were
               to
               be
               burned
               by
               the
               Common
               Law.
               
            
             
               One
               describeth
               this
               offence
               to
               be
               
                 carnalis
                 c●upula
                 cont●a
                 〈…〉
                 ,
                 &
                 haec
                 vel
                 per
                 confusionem
                 sp●ci●●um
                 ,
                 sc.
              
               a
               man
               or
               a
               woman
               with
               a
               bru●t
               beast
               ,
               
                 vel
                 〈…〉
                 ,
                 sc.
              
               a
               man
               with
               a
               man
               ,
               a
               woman
               with
               a
               woman
               ,
               See
               Levit.
               18.
               22
               ,
               23.
               
            
          
           
             
               BURGAGE
               .
            
             
               Burgage
               ,
               in
               Latin
               Burgagium
               ,
               is
               derived
               of
               Burgus
               
               a
               Town
               ,
               and
               it
               is
               called
               a
               Burgh
               or
               Borough
               because
               it
               sendeth
               Burgesses
               to
               Parliament
               .
               The
               termination
               of
               this
               word
               burgagium
               signifieth
               the
               service
               ,
               whereby
               the
               Burgh
               is
               holden
               .
            
          
           
             
               BURGLARY
               .
            
             
               Burglary
               ,
               is
               usually
               desined
               the
               night-breaking
               
               of
               a
               house
               ,
               with
               an
               intent
               to
               steal
               or
               kill
               ,
               though
               none
               be
               killed
               ,
               nor
               any
               thing
               stolen
               ,
               and
               so
               it
               is
               of
               a
               Stable
               ,
               pa●cell
               of
               a
               house
               ,
               but
               not
               of
               breaking
               ones
               Close
               to
               kill
               him
               ,
               nor
               ones
               House
               ,
               if
               it
               be
               but
               to
               beat
               him
               ,
               nor
               though
               it
               may
               be
               to
               kill
               him
               ,
               if
               it
               be
               in
               the
               day
               time
               .
               It
               may
               be
               Burglary
               if
               one
               enter
               into
               a
               house
               and
               break
               it
               not
               ,
               as
               if
               he
               come
               in
               at
               the
               chimney
               ,
               or
               by
               a
               false
               key
               ,
               and
               if
               he
               break
               the
               house
               ,
               though
               he
               enter
               not
               .
            
             
               
                 Richard
                 Vaux
              
               brings
               an
               appeal
               of
               Burglary
               ,
               against
               
                 Thomas
                 Bro●k
              
               ,
               and
               declares
               that
               the
               Defendant
               
                 domum
                 mansionalem
                 praedictam
                 Richardi
                 Vaux
                 felonice
                 &
                 burgaliter
                 fregi●
                 ,
              
               the
               Declaration
               was
               found
               insufficient
               because
               of
               this
               word
               burgaliter
               ,
               but
               it
               ought
               to
               be
               burgulariter
               ,
               or
               burguraliter
               ,
               and
               the
               offence
               is
               called
               Burglary
               or
               burgulary
               ,
               
               and
               not
               Burgale
               ,
               
                 burglariter
                 est
                 vox
                 artis
              
               ,
               as
               
                 sel●nice
                 ,
                 m●r●ravit
                 ,
                 rapuit
                 ex
                 ambium
                 ,
                 wa●rantizare
                 ,
              
               and
               divers
               others
               ,
               which
               cannot
               be
               expressed
               by
               any
               Periphra●i
               ▪
               or
               circumlocution
               .
            
             
               If
               a
               man
               have
               a
               mansion
               house
               ,
               and
               he
               and
               all
               his
               family
               upon
               some
               accident
               are
               forth
               of
               the
               house
               part
               of
               the
               night
               ,
               and
               at
               the
               same
               time
               ,
               one
               come
               and
               breaks
               the
               house
               to
               commit
               〈…〉
               ,
               this
               is
               Burglary
               ,
               although
               no
               man
               be
               there
               ,
               for
               this
               is
               
                 domus
                 mansionalis
              
               .
            
             
               So
               if
               a
               man
               have
               two
               house●
               ,
               and
               inhabit
               sometimes
               
               in
               one
               ,
               and
               sometimes
               in
               another
               ,
               and
               ha●h
               sevants
               in
               both
               ,
               and
               in
               the
               night
               when
               his
               servants
               are
               forth
               ,
               the
               house
               is
               broke
               by
               Thieves
               ,
               this
               is
               burglary
               .
            
             
               All
               Indictments
               of
               burglary
               are
               
                 quòd
                 〈◊〉
              
               
               fregit
               ,
               and
               the
               night
               to
               this
               purpose
               begins
               at
               Sun
               setting
               ,
               and
               continueth
               to
               the
               Sun
               rising
               .
               
            
             
               Burglar
               shall
               not
               have
               his
               Clergy
               .
            
          
           
             
               BURGH
               ENGLISH
               .
            
             
               
                 Burgh
                 English
              
               ,
               or
               
                 Borough
                 English
              
               ,
               is
               a
               custom
               
               in
               some
               antient
               Borough
               ,
               that
               if
               a
               man
               have
               issue
               divers
               Sonnes
               ,
               the
               youngest
               Sonne
               shall
               inherit
               ,
               and
               have
               all
               the
               Lands
               and
               Tenements
               that
               were
               his
               Fathers
               within
               the
               Borough
               :
               The
               reason
               of
               this
               (
               as
               Littleton
               saith
               )
               is
               because
               the
               youngest
               is
               presumed
               in
               Law
               to
               be
               least
               able
               to
               shift
               for
               himself
               .
            
             
               If
               the
               Lands
               of
               the
               nature
               of
               Borough
               English
               be
               let
               to
               a
               man
               and
               his
               Heirs
               during
               the
               life
               of
               
                 I.
                 S.
              
               and
               the
               Lessee
               dieth
               ,
               the
               youngest
               Sonne
               shall
               enjoy
               it
               .
            
             
               A
               man
               seized
               in
               see
               of
               Lands
               in
               Burgh
               English
               ,
               after
               the
               Stature
               of
               27.
               
               ●
               8.
               makes
               a
               feofment
               to
               divers
               persons
               in
               fee
               ,
               to
               the
               use
               of
               himself
               and
               the
               He●rs
               males
               of
               his
               body
               begotten
               ,
               Secundum
               
               
                 cursum
                 communis
                 legis
              
               ,
               and
               after
               dieth
               seized
               
               according
               ,
               ha●ing
               issue
               two
               Sons
               ,
               the
               eldest
               enters
               and
               holds
               out
               the
               younger
               ;
               yet
               the
               youngest
               shall
               have
               it
               by
               descent
               ,
               notwithstanding
               the
               words
               before
               .
            
             
               Of
               Land
               in
               Borough
               English
               ,
               or
               Gavel
               ▪
               kind
               ,
               
               the
               Son
               cannot
               endow
               his
               wife
               
                 ex
                 assensu
                 Patris
              
               ,
               because
               by
               possibility
               ,
               he
               shall
               not
               continue
               Heir
               :
               the
               Father
               shall
               not
               have
               the
               Ward
               of
               his
               Son
               and
               H●ir
               apparant
               of
               such
               Lands
               holden
               by
               Knights
               service
               ,
               because
               by
               possibility
               he
               shall
               not
               continue
               Heir
               .
            
          
        
         
           
             C.
             
          
           
             
               CAPITE
               .
            
             
               CApite
               ,
               is
               a
               Tenure
               that
               holdeth
               immediately
               of
               the
               King
               ,
               as
               of
               his
               Crown
               or
               Person
               ,
               that
               is
               ,
               as
               he
               is
               King.
               A
               man
               may
               hold
               of
               the
               King
               ,
               and
               yet
               not
               in
               Capite
               ,
               by
               means
               of
               some
               honour
               ,
               
               Castle
               or
               Mannor
               belonging
               to
               the
               Crown
               ,
               whereof
               he
               holdeth
               his
               Land.
               
            
             
               Tenure
               in
               chief
               is
               so
               called
               ,
               
                 per
                 excellentiam
              
               ,
               because
               as
               the
               head
               is
               the
               principall
               part
               of
               the
               body
               ,
               so
               this
               is
               the
               highest
               and
               most
               honourable
               service
               in
               the
               Law
               ,
               because
               it
               is
               done
               to
               the
               chief
               Head
               of
               the
               Realm
               ,
               and
               takes
               its
               original
               creation
               by
               the
               King
               himself
               .
            
             
               The
               Tenures
               in
               chief
               began
               in
               antient
               time
               ,
               upon
               the
               grants
               of
               Kings
               to
               defend
               their
               persons
               ,
               and
               their
               Crown
               and
               Regality
               ,
               against
               Enemies
               and
               
               Rebels
               .
            
             
             
               The
               King
               at
               this
               day
               may
               make
               a
               Tenure
               of
               him
               in
               chief
               ;
               if
               he
               reserve
               this
               to
               his
               person
               ,
               and
               as
               a
               Tenure
               in
               gross
               ;
               but
               if
               he
               reserve
               the
               Tenure
               as
               of
               
               his
               Mannour
               ,
               or
               Honour
               ,
               or
               Castle
               ,
               and
               not
               about
               the
               person
               of
               the
               King
               ,
               then
               it
               is
               not
               
                 ●e●●re
                 ●●
                 Capite
              
               .
            
          
           
             
               CASTLE
               .
            
             
               Castle
               ,
               no
               subiect
               can
               build
               a
               Castle
               or
               House
               o●
               strength
               imbattelled
               ,
               or
               other
               fo●tress
               d●●e●●ible
               ▪
               without
               the
               l●cense
               of
               the
               King
               ,
               for
               the
               dange●
               which
               might
               ensue
               ,
               if
               every
               man
               at
               his
               plea●u●e
               
               might
               do
               it
               .
            
          
           
             
               CHALLENGE
               .
            
             
               Challenge
               ,
               is
               a
               word
               common
               as
               well
               to
               the
               English
               as
               to
               the
               French
               ,
               and
               sometimes
               signifieth
               to
               claim
               ,
               sometimes
               in
               respect
               of
               revenge
               ,
               to
               challenge
               into
               the
               field
               :
               sometimes
               in
               respect
               of
               partiality
               or
               insufficiency
               to
               challenge
               in
               a
               Court
               persons
               
               returned
               on
               a
               Jury
               .
               Challenge
               made
               to
               the
               Jurors
               ,
               is
               either
               made
               to
               the
               Array
               or
               to
               the
               Poll
               ▪
               Challenge
               to
               the
               Array
               ,
               is
               where
               exception
               is
               taken
               to
               the
               whole
               number
               ,
               as
               impa●nelled
               partially
               ;
               challenge
               to
               or
               by
               the
               Poll
               ,
               is
               where
               exception
               is
               taken
               to
               one
               or
               more
               ,
               as
               not
               indifferent
               .
            
             
               By
               the
               Common
               Law
               ,
               the
               prisoner
               upon
               an
               Indictment
               or
               appeal
               might
               challenge
               peremptorily
               
               thirty
               〈…〉
               ▪
               which
               was
               under
               the
               number
               of
               three
               Juries
               :
               〈…〉
               now
               by
               the
               Statute
               of
               22
               H.
               8.
               the
               number
               is
               reduced
               to
               twenty
               in
               petty
               Treason
               ,
               Murder
               and
               Felony
               .
               But
               by
               the
               Statute
               of
               1
               and
               2
               
                 Ph
                 〈…〉
              
               and
               
                 M
                 〈…〉
                 ry
              
               ,
               the
               Common
               Law
               is
               revived
               ;
               for
               a
               〈…〉
               reason
               ,
               the
               prisoner
               shall
               have
               his
               challenge
               to
               the
               number
               of
               35.
               
               But
               if
               he
               be
               a
               Lord
               of
               Parliament
               ,
               and
               a
               Peer
               of
               the
               Realm
               ,
               and
               is
               to
               be
               ●●ied
               by
               his
               Peers
               ;
               he
               shall
               not
               challenge
               any
               of
               his
               
               Peers
               at
               all
               ,
               for
               they
               are
               not
               sworn
               as
               other
               Jurors
               be
               ,
               but
               find
               the
               party
               guilty
               ,
               or
               not
               guilty
               ;
               upon
               their
               Faith
               and
               Allegiance
               to
               the
               King
               ,
               and
               th
               〈…〉
               e
               Judges
               of
               the
               fact
               ,
               and
               every
               of
               them
               〈…〉
               atly
               give
               his
               judgment
               beginning
               at
               the
               low●●t
               .
               But
               a
               sub●ect
               under
               the
               degree
               of
               Nobili●y
               ,
               
               may
               in
               case
               of
               Treason
               or
               Felony
               challenge
               〈…〉
               as
               many
               he
               can
               ,
               if
               he
               can
               allege
               ca
               〈…〉
               or
               malice
               .
            
             
               Principall
               challenges
               to
               the
               Poll
               may
               be
               reduced
               to
               four
               Heads
               .
            
             
               
                 1.
                 
                 
                   Propter
                   honoris
                   respectum
                
                 ,
                 as
                 any
                 Peer
                 of
                 the
                 ●●alm
                 o●
                 Lord
                 of
                 Parliament
                 ,
                 for
                 these
                 in
                 respect
                 of
                 honour
                 and
                 nobility
                 ,
                 are
                 not
                 to
                 be
                 sworn
                 on
                 Juries
                 ;
                 and
                 if
                 neither
                 party
                 will
                 challenge
                 
                 him
                 ,
                 he
                 may
                 challenge
                 himself
                 ,
                 for
                 by
                 
                   Magna
                   Charta
                
                 it
                 is
                 provided
                 ,
                 
                   quod
                   nec
                   super
                   cum
                   ibi●●●s
                   ,
                   nec
                   super
                   cum
                   mittemus
                   ,
                   nisi
                   per
                   legale
                   judi●●um
                   pa●ium
                   suorum
                   ,
                   aut
                   per
                   legem
                   terrae
                   .
                
                 A
                 Peer
                 of
                 the
                 Realm
                 shall
                 not
                 be
                 impannelled
                 ,
                 where
                 any
                 of
                 the
                 Commons
                 is
                 to
                 have
                 a
                 tryal
                 .
              
               
                 2.
                 
                 
                   Propter
                   defectum
                
                 ,
                 for
                 want
                 or
                 default
                 ,
                 
                   
                     1.
                     
                     Patriae
                     ,
                     as
                     alieus
                     born
                     .
                  
                   
                     2.
                     
                     Libertatis
                     ,
                     as
                     Villains
                     or
                     Bondmen
                     .
                  
                   
                     3.
                     
                     
                       A●nui
                       census
                    
                     ,
                     i.
                     e.
                     
                       liberi
                       tenementi
                    
                     ;
                     as
                     if
                     any
                     of
                     the
                     Jury
                     impannelled
                     cannot
                     dispend
                     40
                     s.
                     by
                     the
                     year
                     of
                     his
                     own
                     Freehold
                     .
                  
                   
                     4
                     ▪
                     
                       Hundredorum
                       ,
                       vicini
                       vicinorum
                       facta
                       praesumuntur
                       s●ire
                       .
                    
                  
                
              
               
                 3.
                 
                 
                   Propter
                   affectum
                
                 ,
                 for
                 affection
                 or
                 partiality
                 ,
                 as
                 if
                 the
                 Juror
                 be
                 consanguineus
                 of
                 blood
                 or
                 kindred
                 to
                 either
                 party
                 ,
                 this
                 is
                 a
                 principall
                 challenge
                 ;
                 for
                 the
                 Law
                 presumeth
                 ,
                 that
                 one
                 kinsman
                 doth
                 favour
                 another
                 before
                 a
                 stranger
                 .
                 If
                 either
                 party
                 labour
                 the
                 Iuror
                 ,
                 and
                 give
                 him
                 any
                 thing
                 to
                 give
                 his
                 
                 verdict
                 ,
                 this
                 is
                 a
                 principall
                 challenge
                 ;
                 but
                 if
                 either
                 party
                 labour
                 the
                 Jury
                 to
                 appear
                 ,
                 and
                 to
                 do
                 his
                 conscience
                 ;
                 this
                 is
                 no
                 challenge
                 at
                 all
                 ,
                 but
                 lawfull
                 for
                 him
                 to
                 do
                 it
                 .
              
               
                 4.
                 
                 
                   Propter
                   delictum
                
                 ,
                 for
                 crime
                 ,
                 it
                 being
                 a
                 maxime
                 in
                 the
                 Law
                 
                   Repellitur
                   a
                   sacramento
                   infamis
                
                 .
              
            
          
           
             
               CHAMPERTY
               .
            
             
               
                 Champerty
                 ,
                 Campi
                 par
              
               .
               It
               is
               a
               bargain
               with
               the
               
               Demandant
               or
               Tenant
               ,
               Plaintiff
               or
               defendant
               ,
               to
               have
               part
               of
               the
               thing
               in
               suit
               ,
               i●
               he
               prevaile
               therein
               for
               maintenance
               of
               ●im
               in
               that
               suit
               .
               Every
               Champerty
               is
               maintenance
               ,
               but
               every
               maintenance
               not
               Champerty
               ,
               for
               Champerty
               is
               but
               a
               species
               of
               maintenance
               ,
               which
               is
               the
               genus
               .
            
          
           
             
               CHAMPERTERS
               .
            
             
               Champerters
               
                 vel
                 cambi
                 participes
                 ,
                 sunt
                 qui
                 per
              
               
               
                 se
                 ,
                 vel
                 per
                 alios
                 placita
                 movem
                 ,
                 vel
                 movere
                 faciunt
                 ,
                 &
                 ea
                 suis
                 sumptibus
                 prose
                 ●uuntur
                 ,
                 ad
                 cam●i
                 partem
                 ,
                 vel
                 pro
                 parte
                 lucri
                 habenda
                 ,
                 stat
                 .
                 anno
              
               33.
               
               Ed.
               1.
               
            
          
           
             
               CHANCE-MEDLEY
               .
            
             
               Chance-medly
               ,
               or
               homicide
               
                 per
                 in●o●tunium
              
               ,
               is
               when
               one
               is
               slain
               casually
               ,
               and
               by
               misadventure
               .
               without
               the
               will
               of
               him
               that
               doth
               the
               act
               ,
               of
               this
               no
               Appeal
               doth
               lie
               .
            
             
               It
               is
               fitly
               so
               called
               ,
               for
               in
               it
               men
               are
               medled
               (
               or
               committed
               )
               together
               by
               meer
               chance
               ,
               and
               upon
               some
               unlooked
               for
               occasion
               ,
               without
               any
               former
               
               malice
               .
            
             
               It
               is
               corrupted
               from
               Chaudmelle
               ,
               which
               signieth
               hot
               or
               ●suddain
               debate
               ,
               rixa
               in
               the
               Civil
               Law
               ,
               whence
               in
               
                 Scotland
                 Chaudmelle
              
               is
               opposed
               against
               ●orethought
               felony
               ,
               as
               manslaughter
               with
               us
               against
               murder
               ,
               Seldens
               notes
               upon
               Hengham
               .
            
             
             
               If
               a
               man
               casteth
               a
               stone
               ,
               or
               shooteth
               an
               arrow
               and
               another
               that
               passeth
               that
               way
               is
               killed
               ▪
               this
               manner
               of
               killing
               is
               manslaughter
               ,
               by
               misadventure
               or
               chance-medly
               ,
               for
               which
               he
               which
               killeth
               shall
               have
               his
               pardon
               of
               course
               ,
               as
               appeareth
               by
               the
               Statute
               of
               6.
               
               Ed.
               1.
               c.
               9.
               and
               he
               shall
               forfeit
               his
               goods
               in
               such
               manner
               ,
               as
               he
               that
               shall
               kill
               a
               man
               in
               his
               own
               defence
               :
               for
               the
               life
               of
               a
               man
               is
               a
               thing
               precious
               ,
               and
               favoured
               in
               the
               Law
               ,
               so
               that
               a
               man
               which
               kills
               another
               in
               his
               own
               defence
               ,
               or
               
                 per
                 infortuntum
              
               ,
               without
               any
               intent
               ,
               this
               is
               not
               felony
               ,
               and
               yet
               in
               such
               cases
               he
               shall
               forfeit
               his
               good
               ▪
               and
               c●a●tels
               ,
               for
               the
               great
               regard
               that
               the
               Law
               hath
               to
               the
               li●e
               of
               a
               man.
               Cook
               5
               Rep.
               Cases
               of
               execution
               .
            
             
               But
               if
               he
               that
               committeth
               this
               manslaughter
               ,
               was
               doing
               an
               unlawfull
               act
               ,
               as
               casting
               stones
               in
               an
               high-way
               where
               men
               usually
               pass
               ,
               or
               shoo●ing
               Arrows
               in
               a
               Market-p●ace
               ,
               or
               such
               like
               ,
               whereby
               a
               man
               is
               killed
               ,
               it
               is
               fel●ny
               at
               least
               .
            
          
           
             
               CHANGE
               .
            
             
               Change
               ,
               If
               two
               Parsons
               of
               several
               Churches
               change
               their
               Benefices
               ,
               and
               resign
               them
               into
               the
               
               hands
               of
               the
               Ordinary
               to
               that
               intent
               ,
               and
               the
               Patrons
               make
               Presentations
               accordingly
               ,
               and
               one
               of
               them
               is
               admitted
               ,
               instituted
               and
               inducted
               accordingly
               ,
               and
               the
               other
               is
               admitted
               and
               instituted
               ,
               but
               dieth
               before
               Induction
               ,
               the
               other
               Parson
               shall
               not
               retain
               the
               Benefice
               in
               which
               he
               was
               inducted
               ,
               for
               the
               change
               is
               not
               perfected
               ,
               being
               not
               executed
               .
            
          
           
             
               CHARGE
               .
            
             
               Charge
               ,
               is
               where
               a
               man
               granteth
               a
               Rent
               issuing
               
               out
               of
               his
               ground
               ,
               and
               if
               the
               Rent
               be
               behinde
               ,
               it
               shall
               be
               lawfull
               for
               him
               ,
               his
               Heirs
               and
               Assigns
               to
               distrain
               ,
               till
               the
               Rent
               be
               paid
               ,
               this
               is
               called
               a
               
               Rent-charge
               .
               
                 It
                 is
                 called
                 a
                 Rent-charge
                 ,
                 because
                 the
                 land
                 for
                 payment
                 thereof
                 is
                 charged
                 with
                 a
                 distress
                 .
                 Cook
                 on
                 Lit.
                 
              
            
          
           
             
               CHARTER
               .
            
             
               Charter
               ,
               or
               Deed
               ,
               is
               so
               called
               from
               the
               Latin
               
                 Charta
                 ,
                 quâ
                 scribi
                 solebant
              
               .
               It
               is
               called
               
                 Magna
                 Charta
              
               ,
               not
               for
               the
               length
               or
               larger
               e●s
               of
               it
               ,
               (
               ●or
               it
               is
               but
               short
               in
               respect
               of
               the
               Charters
               granted
               
               of
               private
               things
               to
               private
               persons
               )
               but
               it
               is
               called
               the
               great
               Charter
               ,
               in
               respect
               of
               the
               great
               weightiness
               ,
               and
               weighty
               greatness
               of
               the
               matter
               contained
               in
               it
               ,
               in
               ●ew
               words
               ,
               being
               the
               ●ountain
               of
               all
               the
               fundamental
               Laws
               of
               this
               Realm
               ,
               and
               therefore
               it
               may
               be
               said
               of
               it
               ,
               that
               it
               is
               
                 Magnum
                 in
                 parvo
              
               .
            
             
               The
               Nobles
               and
               great
               Officers
               were
               to
               be
               sworn
               to
               the
               Observation
               of
               it
               .
            
             
               Magna
               fuit
               qu●ndam
               Magnae
               reverentia
               Chartae
               .
            
             
               It
               is
               the
               quintessence
               of
               the
               whole
               bulk
               of
               the
               politicks
               of
               our
               Nation
               ,
               the
               Charter
               of
               the
               peoples
               right
               ,
               the
               hedg
               of
               their
               property
               ,
               the
               strength
               of
               their
               security
               .
            
             
               It
               hath
               been
               confirmed
               above
               thirty
               times
               ,
               and
               
               commanded
               to
               be
               put
               in
               execution
               ,
               and
               was
               bought
               with
               the
               blood
               of
               our
               Nobility
               ,
               and
               English
               Ancestors
               in
               those
               troublesome
               times
               of
               King
               Iohn
               and
               Henry
               his
               son
               .
               It
               is
               in
               our
               Books
               called
               
                 Charta
                 libertatum
                 ,
                 &
                 communis
                 libertas
                 Angliae
                 or
                 libertates
                 Anglis
                 ,
                 Charta
                 de
                 libertatibus
                 ,
                 magna
                 Charta
                 .
              
            
             
               Charters
               of
               Lands
               are
               Writings
               ,
               Deeds
               ,
               Evidences
               and
               Instruments
               ,
               made
               from
               one
               man
               to
               another
               ,
               upon
               some
               estate
               conveyed
               or
               passed
               between
               them
               of
               Lands
               ,
               or
               Tenements
               ,
               shewing
               the
               
               Names
               ,
               Place
               ,
               and
               quantity
               of
               the
               Land
               ,
               the
               estate
               ,
               
               time
               and
               manner
               of
               the
               doing
               thereof
               ,
               the
               parties
               to
               the
               estate
               delivered
               and
               taken
               ,
               the
               wi●●●●●es
               p●●●ent
               at
               the
               same
               ,
               with
               other
               circumstances
               .
            
             
               Charters
               are
               called
               muniments
               
                 à
                 muniendo
                 ,
                 quia
              
               
               
                 muniunt
                 ,
                 ●
                 defendunt
                 haereditatem
              
               .
            
             
               The
               Purchaser
               of
               Land
               shall
               have
               all
               the
               Charters
               ,
               Deeds
               and
               Evidences
               ,
               as
               incident
               to
               the
               Lands
               ,
               
                 &
                 ratione
                 terrae
              
               ,
               that
               he
               may
               the
               better
               defend
               the
               Land
               himself
               ,
               having
               no
               warranty
               to
               recover
               in
               value
               ,
               for
               the
               Evidence
               of
               i●
               are
               as
               it
               were
               the
               smews
               of
               the
               Land
               ,
               and
               the
               Feoffor
               being
               not
               bound
               to
               warranty
               ,
               hath
               no
               use
               of
               them
               .
               Also
               he
               shall
               have
               all
               Deeds
               and
               Evidences
               ,
               which
               are
               materials
               for
               the
               maintenance
               of
               the
               Title
               of
               the
               Land.
               
            
          
           
             
               CHATTELS
               .
            
             
               Chattels
               ,
               is
               a
               French
               word
               ,
               and
               signifieth
               goods
               ,
               
               which
               by
               a
               word
               of
               art
               we
               call
               catalla
               ,
               it
               signifieth
               all
               goods
               moveable
               ,
               and
               unmoveable
               ,
               except
               such
               as
               be
               of
               the
               nature
               of
               freehold
               ,
               or
               parcell
               thereof
               .
            
             
               Some
               hold
               that
               ready
               money
               is
               neither
               goods
               nor
               Chattels
               ,
               nor
               Hawks
               and
               Hounds
               ,
               because
               they
               be
               
                 ●erae
                 naturae
              
               ,
               Dr.
               Cowell
               (
               in
               his
               interpreter
               )
               gives
               this
               witty
               reason
               ,
               why
               Money
               is
               not
               to
               be
               accounted
               goods
               or
               chartels
               ,
               because
               ,
               saith
               he
               ,
               money
               of
               it self
               is
               not
               a
               thing
               of
               worth
               ,
               but
               by
               the
               consen●
               
               of
               men
               ,
               and
               so
               for
               their
               easier
               traffick
               or
               permutation
               ●t
               things
               necessary
               for
               their
               life
               .
            
             
               Goods
               or
               Chattels
               are
               either
               ,
            
             
               
                 1.
                 
                 Personal
                 ,
                 as
                 Horse
                 ,
                 and
                 other
                 Beasts
                 ,
                 houshold-stuffs
                 ,
                 b●●ws
                 ,
                 weapons
                 ,
                 &c.
                 called
                 personall
                 ,
                 because
                 for
                 the
                 most
                 part
                 they
                 belong
                 to
                 the
                 person
                 of
                 a
                 man
                 ,
                 or
                 because
                 they
                 are
                 to
                 be
                 recovered
                 by
                 personal
                 actions
                 .
              
               
                 
                 2.
                 
                 Reall
                 ,
                 because
                 they
                 concern
                 the
                 reality
                 ,
                 a●
                 terms
                 for
                 years
                 o●
                 Lands
                 or
                 Tenements
                 ,
                 wardships
                 .
              
            
             
               The
               word
               goods
               in
               the
               Common
               Law
               comprehends
               such
               things
               as
               be
               either
               with
               ,
               or
               with
               out
               life
               ,
               as
               a
               Horse
               or
               B●●
               .
               〈…〉
               .
            
             
               
                 Bona
                 dividu●tur
                 ●●
                 〈◊〉
                 &
                 immobilia
                 ,
                 mobilia
              
               
               
                 rursum
                 divid●●tur
                 ●●●●
                 qu●
                 s●
                 movent
                 ,
                 ●●
                 quae
                 ab
                 aliis
                 moventia
                 ,
              
               but
               by
               the
               Common
               Law
               no
               estate
               of
               Inheritance
               or
               Freehold
               is
               comprehended
               under
               these
               words
               ,
               
                 b●●a
                 &
                 catalla
              
               .
            
             
               The
               Civil
               Law
               sometimes
               puts
               a
               difference
               between
               
                 moventia
                 &
                 mobilia
              
               ,
               understanding
               by
               moventia
               
               such
               goods
               a●
               actively
               and
               by
               their
               own
               accord
               do
               move
               themselves
               ,
               is
               horses
               ,
               oxen
               ,
               sheep
               ,
               and
               cattell
               ,
               and
               by
               mobilia
               such
               goods
               as
               pas●ively
               are
               moveable
               ,
               or
               removeable
               from
               one
               place
               to
               another
               ,
               as
               apparrel
               ,
               pots
               and
               pans
               ,
               yet
               regularly
               and
               for
               the
               most
               part
               ,
               by
               moveables
               are
               indifferently
               understood
               goods
               both
               actively
               ,
               and
               pas●ively
               moveable
               .
               Immoveables
               are
               those
               goods
               which
               otherwise
               be
               termed
               chattels
               reall
               ;
               for
               that
               they
               do
               not
               immediately
               belong
               to
               the
               person
               ,
               but
               to
               some
               other
               thing
               by
               way
               of
               dependancy
               ,
               as
               Trees
               growing
               on
               the
               ground
               ,
               or
               fruit
               growing
               on
               the
               Trees
               ,
               or
               a
               Lease
               or
               Rent
               for
               term
               of
               years
               ,
               but
               not
               Lands
               ,
               Tenements
               ,
               or
               frank-tenement
               .
            
          
           
             
               CHEVAGE
               .
            
             
               Chevage
               ,
               is
               a
               sum
               of
               money
               paid
               by
               villains
               to
               their
               Lords
               in
               acknowledgment
               of
               their
               bondage
               for
               their
               several
               heads
               ,
               whence
               it
               is
               called
               Chevagium
               .
               Chevage
               of
               the
               French
               word
               Chief
               ,
               as
               if
               it
               were
               the
               service
               of
               the
               head
               ,
               of
               which
               
               Bracton
               ●aith
               ,
               
                 Chivagium
                 dicitur
                 recognitio
                 in
                 signum
                 subjectionis
                 &
                 Domini
                 de
                 Capite
                 suo
                 ,
                 Lambert
              
               writeth
               
               it
               chivage
               ,
               but
               it
               is
               more
               properly
               written
               chief-age
               .
            
          
           
             
               CLERGY
               .
            
             
               Clergy
               ,
               is
               defined
               to
               be
               an
               antient
               liberty
               of
               the
               
               Church
               confirmed
               in
               divers
               Parliaments
               .
               It
               is
               when
               a
               man
               is
               arraigned
               of
               selony
               ,
               and
               such
               like
               before
               a
               temporal
               Judg
               ,
               and
               the
               Prisoner
               prayeth
               his
               Clergy
               ,
               that
               is
               ,
               to
               have
               his
               book
               ,
               then
               the
               Judg
               shall
               command
               the
               Ordinary
               to
               try
               if
               he
               can
               read
               as
               a
               Clerk
               in
               such
               a
               book
               and
               place
               ,
               as
               the
               Judg
               shall
               appoint
               ,
               and
               if
               the
               Ordinary
               certine
               the
               Judg
               that
               he
               can
               ,
               then
               the
               prisoner
               shall
               not
               have
               judgment
               to
               lose
               his
               life
               .
               The
               Book
               was
               
               allowed
               to
               the
               Clergy
               ,
               for
               the
               scarcity
               of
               them
               to
               be
               disposed
               of
               in
               religious
               houses
               ;
               it
               was
               allowable
               in
               antient
               times
               for
               all
               offences
               whatsoever
               they
               were
               ,
               except
               treason
               and
               robbing
               of
               Churches
               of
               their
               goods
               and
               ornaments
               .
               But
               by
               many
               Statutes
               made
               since
               ,
               the
               Clergy
               is
               taken
               away
               ,
               for
               murther
               ,
               burglary
               ,
               robbery
               ,
               purse-cutting
               *
               horse-stealing
            
             
               If
               the
               indictment
               be
               only
               murdravit
               ,
               without
               adding
               
                 ex
                 malitia
                 praecogitata
              
               ,
               the
               offender
               shall
               have
               his
               Clergy
               .
               If
               he
               will
               read
               as
               a
               Clerk
               ,
               he
               ought
               to
               read
               all
               the
               verse
               ,
               but
               although
               he
               do
               not
               read
               at
               the
               beginning
               ,
               but
               first
               spell
               ,
               and
               after
               read
               ,
               yet
               he
               shall
               have
               allowance
               as
               a
               Clerk.
               
                 in
                 savorem
                 vitae
              
               .
            
             
               Fortescue
               saith
               ,
               that
               if
               a
               selon
               ●ail
               to
               read
               ,
               for
               which
               he
               is
               judged
               to
               be
               hanged
               ,
               yet
               in
               
               savorem
               ●i●ae
               ,
               if
               he
               demand
               a
               Book
               afterward
               under
               the
               Gallows
               ,
               and
               read
               ,
               he
               shall
               have
               the
               benefit
               of
               his
               Clergy
               .
               And
               yet
               it
               is
               to
               be
               supposed
               ,
               he
               had
               no
               Ordinary
               at
               that
               time
               to
               demand
               whether
               he
               could
               read
               ,
               but
               this
               Case
               ought
               to
               be
               specially
               taken
               ,
               viz.
               where
               the
               selon
               is
               judged
               
               before
               the
               Justices
               of
               the
               Kings
               Bench
               ,
               for
               if
               he
               be
               judged
               before
               the
               Justices
               o●
               the
               Goal
               delivery
               it
               is
               otherwise
               ,
               because
               the●r
               Com
               〈…〉
               on
               ●●●●
               with
               the●r
               Session
               .
            
             
               Clergy
               was
               allowed
               to
               an
               accessory
               to
               the
               
               stealing
               of
               Horses
               and
               〈…〉
               ,
               because
               the
               Sta●ute
               shall
               be
               taken
               most
               〈…〉
               ,
               which
               speak●
               expressly
               but
               of
               the
               princi●●ll
               .
            
             
               Although
               he
               hath
               been
               i●stru●●ed
               and
               taught
               in
               the
               Goal
               to
               know
               his
               Letters
               ,
               and
               to
               read
               ,
               this
               shall
               serve
               him
               for
               hi
               〈…〉
               ,
               but
               the
               Goaler
               shall
               be
               punished
               for
               this
               .
            
             
               Clergy
               is
               grantable
               but
               once
               ,
               to
               one
               person
               ,
               except
               
               he
               be
               within
               holy
               orders
               ,
               for
               such
               a
               man
               may
               have
               it
               often
               .
               4.
               
               H.
               7.
               c.
               13.
               and
               1
               Ed.
               ●
               .
               12
               Lord
               Stamford
               .
            
          
           
             
               COLLEGIUM
               .
            
             
               
                 Collegium
                 est
                 societas
                 plurium
                 corporum
                 inter
                 se
                 distantium
                 ,
                 &
                 dicitur
                 Collegium
                 propriè
                 cum
                 simul
                 habitant
                 ,
                 quoniam
                 .
              
            
             
               
                 1.
                 
                 Simul
                 colleguntur
                 ,
                 &
                 Collegium
                 constituitur
                 in
                 Ecclesia
                 ,
                 vel
                 per
                 privilegium
                 concessum
                 à
                 superiori
                 ●●st
                 ●undatam
                 Ecclesiam
                 .
              
               
                 2.
                 
                 Vel
                 sc.
                 à
                 principio
                 ●uit
                 ordinatum
                 quod
                 Ecclesia
                 esse●
                 collegiata
                 .
              
               
                 3.
                 
                 Vel
                 sc.
                 longo
                 tempore
                 vi●cerint
                 collegialiter
                 ,
                 &
                 simul
                 quasi
                 possessione
                 ●●ll●gii
                 .
              
            
             
               
                 Item
                 Ecclesia
                 potest
                 ●ieri
                 Collegiata
                 cum
                 consensu
                 Episccpi
                 〈…〉
                 Patroni
              
               10
               Eliz.
               13.
               
               Dyer
               .
            
             
               
                 Colour
                 of
                 Office
              
               ,
               is
               alwaies
               taken
               in
               the
               worst
               part
               ,
               and
               signifieth
               an
               evil
               done
               by
               pretence
               and
               countenance
               
               of
               an
               Office.
               But
               
                 virtute
                 officii
              
               or
               
                 ratione
                 officii
              
               ,
               by
               reason
               of
               the
               office
               ,
               and
               by
               vertue
               of
               the
               office
               ,
               are
               taken
               alwaies
               in
               the
               best
               part
               ,
               and
               imply
               that
               the
               office
               is
               the
               just
               cause
               of
               the
               thing
               ;
               and
               the
               thing
               is
               pursuing
               the
               office
               .
            
             
             
               If
               an
               Officer
               will
               take
               more
               for
               his
               fees
               then
               he
               ought
               ,
               this
               is
               done
               
                 ●●lo●e
                 ●●●●●i
                 sui
              
               ;
               but
               yet
               it
               is
               not
               part
               of
               his
               Office
               :
               and
               i●
               i●
               called
               extortion
               ,
               which
               is
               worse
               then
               robbery
               ;
               because
               that
               is
               apparant
               ,
               and
               hath
               the
               vi●
               o●
               o●
               vice
               :
               but
               this
               appeareth
               under
               the
               v●●age
               of
               vertue
               ▪
               and
               so
               is
               more
               hard
               to
               be
               avoided
               ,
               and
               therefore
               the
               more
               detellable
               .
            
          
           
             
               CONDITION
               .
            
             
               Condition
               ,
               is
               a
               rest
               ●int
               o●
               bridle
               ,
               annexed
               to
               a
               thing
               ,
               so
               that
               by
               the
               not
               ▪
               performance
               thereof
               the
               
               party
               to
               the
               condition
               shall
               receive
               pre●udice
               and
               loss
               ,
               and
               by
               doing
               of
               the
               same
               ,
               commodity
               and
               advantage
               .
            
             
               If
               a
               man
               give
               Lands
               to
               another
               ,
               and
               to
               the
               Heirs
               
               males
               of
               his
               body
               ,
               on
               condition
               that
               if
               he
               die
               without
               He●r
               female
               of
               his
               body
               ;
               that
               then
               the
               Donor
               shall
               re-enter
               ;
               this
               condition
               is
               utterly
               void
               ,
               for
               he
               cannot
               have
               an
               Heir
               female
               ,
               so
               long
               as
               he
               hath
               an
               Heir
               male
               .
            
             
               If
               a
               man
               morgage
               his
               land
               to
               W.
               upon
               condition
               ,
               that
               if
               the
               morgagor
               and
               
                 f.
                 S.
              
               pay
               2●
               .
               ●
               .
               at
               such
               a
               day
               to
               the
               morgagee
               ,
               that
               then
               he
               shall
               re-enter
               ;
               the
               morgagor
               dyeth
               before
               the
               day
               ,
               
                 I.
                 S.
              
               payes
               
               the
               money
               to
               the
               morgagee
               ;
               this
               is
               a
               good
               performance
               of
               the
               condition
               ,
               and
               yet
               the
               Letter
               of
               the
               condition
               is
               not
               performed
               :
               but
               if
               the
               morgagor
               had
               been
               alive
               at
               that
               day
               ,
               and
               he
               would
               not
               pay
               the
               money
               ,
               but
               refused
               to
               pay
               the
               same
               ;
               and
               
                 I.
                 S.
              
               alone
               had
               tendred
               the
               money
               ,
               the
               morgagee
               might
               have
               refused
               it
               .
            
             
               If
               Feofment
               in
               see
               be
               made
               upon
               such
               a
               condition
               ,
               that
               the
               feoffee
               shall
               not
               alien
               his
               Land
               to
               any
               ,
               this
               condition
               is
               void
               ,
               because
               when
               a
               man
               is
               so
               in●●offed
               of
               Lands
               or
               Tenements
               ,
               he
               hath
               power
               
               to
               alien
               them
               to
               any
               person
               by
               the
               Law.
               For
               if
               such
               a
               condition
               should
               be
               good
               ,
               then
               it
               should
               deprive
               
               him
               of
               all
               the
               power
               which
               the
               Law
               gives
               him
               ,
               which
               is
               against
               reason
               :
               and
               therefore
               this
               condition
               is
               void
               .
               But
               if
               the
               condition
               be
               such
               ,
               that
               the
               ●eo
               ●ee
               shall
               not
               alien
               to
               such
               a
               one
               ,
               naming
               his
               name
               ,
               or
               any
               of
               his
               heirs
               ,
               or
               the
               issue
               of
               such
               a
               one
               ,
               or
               the
               like
               ,
               such
               conditions
               are
               good
               :
               yet
               the
               King
               may
               give
               land
               in
               see
               upon
               condition
               not
               to
               alien
               .
               
                 Cook
                 l.
              
               5.
               
               
                 Knights
                 Case
                 .
                 &
              
               21.
               
               H.
               7.
               7.
               
            
          
           
             
               CONFIRMATION
               .
            
             
               Confirmation
               ,
               comet●
               of
               the
               verb
               
                 confirmare
                 quod
                 est
                 firmum
                 facere
              
               ;
               and
               therefore
               it
               is
               said
               ,
               that
               
                 confirmatio
                 omnes
                 supplet
                 defectus
                 ,
                 licet
                 id
                 qu●d
                 actum
                 est
                 ,
                 ab
                 initio
                 non
                 valuit
                 .
              
               It
               is
               a
               conveyance
               
               of
               an
               estate
               or
               right
               
                 in
                 esse
              
               ,
               whereby
               a
               voidable
               estate
               is
               made
               sure
               and
               unavoidable
               ,
               or
               whereby
               a
               particular
               estate
               is
               increased
               .
            
             
               It
               is
               a
               strengthening
               of
               an
               estate
               formerly
               had
               ,
               and
               yet
               voidable
               ,
               though
               not
               presently
               void
               .
            
             
               
                 Qu●libet
                 confirmatio
                 aut
                 est
                 perficiens
                 ,
                 ●rese●ns
                 ,
                 aut
                 diminuens
                 .
              
               
            
             
               
                 1.
                 
                 Per●i●iens
                 ,
                 as
                 if
                 feoffee
                 upon
                 condition
                 make
                 feo●●ment
                 over
                 ,
                 and
                 the
                 feoffer
                 confirm
                 the
                 estate
                 of
                 the
                 second
                 feoffee
                 ;
                 so
                 if
                 disseisee
                 confirm
                 the
                 estate
                 of
                 the
                 disseisor
                 or
                 his
                 feoffee
                 .
              
               
                 2.
                 
                 Crescens
                 ,
                 doth
                 enlarge
                 the
                 state
                 of
                 a
                 Tenant
                 ,
                 as
                 Tenant
                 a●
                 will
                 to
                 hold
                 for
                 years
                 ,
                 or
                 Tenant
                 
                 for
                 years
                 ,
                 to
                 hold
                 for
                 life
                 .
              
               
                 3.
                 
                 Diminuens
                 ,
                 as
                 where
                 the
                 Lord
                 of
                 whom
                 the
                 land
                 is
                 holden
                 ,
                 confirms
                 the
                 estate
                 of
                 his
                 Tenant
                 to
                 hold
                 by
                 a
                 less
                 rent
                 .
              
            
          
           
             
             
               CONFISCATE
               .
            
             
               Confis●ate
               ,
               this
               word
               ●ometh
               from
               the
               Latin
               
               word
               fiscus
               ,
               which
               (
               as
               〈◊〉
               saith
               )
               originally
               signified
               an
               hamper
               ;
               but
               metonymically
               the
               Emperours
               treasure
               ,
               because
               it
               was
               antiently
               kept
               in
               hampers
               ;
               and
               such
               good●
               as
               were
               forfeited
               to
               the
               Emperours
               Treasure
               ,
               or
               any
               offence
               ,
               were
               
                 b●na
                 〈◊〉
              
               ,
               and
               so
               do
               we
               ca●l
               those
               goods
               that
               are
               forfeited
               to
               the
               Kings
               Exchequer
               .
            
             
               ●an
               Appeal
               of
               ●●bbery
               be
               brought
               ,
               and
               the
               P●aintifi
               leaveth
               out
               some
               of
               his
               goods
               ,
               he
               shall
               not
               be
               received
               to
               enlarge
               his
               Appeal
               ;
               and
               because
               there
               is
               none
               to
               have
               his
               good
               so
               left
               out
               ,
               the
               King
               shall
               have
               them
               as
               confi●cate
               ,
               according
               to
               the
               old
               rule
               .
               
                 Quod
                 non
                 capit
                 Christus
                 ,
                 capit
                 ●iscus
                 .
              
            
          
           
             
               CONSPIRACY
               .
            
             
               Conspiracy
               ,
               The
               purpose
               or
               intent
               of
               a
               man
               without
               the
               act
               is
               not
               punishable
               by
               the
               Law
               ;
               and
               although
               that
               for
               conspiracy
               a
               man
               may
               be
               punished
               in
               the
               Star-chamber
               ;
               yet
               this
               is
               by
               the
               absolute
               power
               of
               the
               Court
               ,
               and
               not
               by
               the
               Ordinary
               course
               of
               the
               Law.
               
            
          
           
             
               CONSTABLE
               .
            
             
               Constable
               ,
               comes
               of
               two
               old
               Saxon
               word
               ,
               Kinning
               ,
               which
               signifieth
               King
               ,
               and
               Stable
               ,
               stability
               ;
               as
               the
               stability
               of
               the
               King
               and
               Kingdom
               .
            
             
               The
               Common
               Law
               requireth
               that
               every
               Constable
               
               be
               
                 Idoneus
                 homo
                 ,
                 i.
                 ●
              
               .
               apt
               and
               fit
               for
               exercise
               of
               the
               said
               Office
               ;
               and
               he
               is
               said
               in
               Law
               to
               be
               
               Idoneus
               ,
               which
               hath
               three
               things
               ,
               Honesty
               ,
               Science
               ,
               and
               ability
               :
            
             
               
                 1.
                 
                 Honesty
                 ,
                 to
                 execute
                 his
                 Office
                 truly
                 without
                 malice
                 ,
                 affection
                 ,
                 or
                 partiality
                 .
              
               
                 2.
                 
                 Science
                 to
                 know
                 what
                 he
                 ought
                 to
                 do
                 duly
                 .
              
               
                 3.
                 
                 Ability
                 as
                 well
                 in
                 substance
                 or
                 estate
                 ,
                 as
                 in
                 body
                 
                 to
                 execute
                 his
                 Office
                 ,
                 when
                 need
                 is
                 ,
                 diligenly
                 ,
                 and
                 not
                 through
                 impotency
                 o●
                 indi●ence
                 to
                 neglect
                 it
                 ;
                 for
                 if
                 poor
                 men
                 which
                 live
                 by
                 the
                 labour
                 of
                 their
                 hands
                 ,
                 be
                 ele
                 〈…〉
                 to
                 
                 this
                 Office
                 ;
                 they
                 will
                 rather
                 per●●it
                 Felons
                 and
                 other
                 Malefactors
                 to
                 escape
                 ,
                 and
                 neglect
                 the
                 execu●ion
                 of
                 their
                 Office
                 in
                 other
                 points
                 ,
                 then
                 intermit
                 their
                 labour
                 ,
                 by
                 which
                 their
                 w●●e
                 and
                 children
                 live
                 .
              
            
             
               The
               Office
               and
               authority
               of
               high
               and
               petty
               Constables
               remaineth
               ,
               nowithstanding
               the
               death
               of
               the
               King
               ,
               for
               their
               authority
               is
               by
               the
               common
               Law
               and
               not
               by
               commission
               ;
               so
               also
               of
               Mayor●
               ,
               ●●●liffs
               in
               Towns
               corporate
               ,
               &c.
               
            
          
           
             
               CONTRACT
               .
            
             
               Contract
               ,
               (
               called
               by
               the
               Civilians
               acceptilati
               )
               is
               an
               agreement
               between
               parties
               concerning
               goods
               or
               land●
               for
               money
               or
               other
               recompence
               :
               It
               is
               called
               a
               contract
               because
               by
               covenanting
               
                 diversae
                 v●luntates
                 in
                 unum
                 contrahuntur
              
               .
               It
               is
               a
               bargain
               
               or
               covenant
               between
               two
               parties
               ,
               where
               one
               thing
               is
               given
               for
               another
               ,
               which
               is
               called
               
                 Quid
                 pr●
                 Q●
              
               ,
               as
               if
               you
               sell
               my
               horse
               for
               twenty
               Shillings
               ,
               you
               may
               keep
               the
               horse
               till
               the
               other
               have
               paid
               the
               money
               .
               The
               want
               of
               recompence
               causeth
               it
               to
               be
               but
               
                 nudum
                 pactum
                 ,
                 unde
                 non
                 oritur
                 ●●●●●
                 .
              
               For
               if
               a
               man
               make
               promise
               to
               me
               ,
               that
               I
               shall
               have
               twenty
               shillings
               ,
               and
               after
               I
               ask
               it
               ,
               and
               he
               will
               not
               deliver
               it
               ;
               yet
               you
               shall
               never
               have
               any
               action
               to
               recover
               it
               ,
               because
               this
               promise
               was
               no
               contract
               ,
               
               but
               a
               bare
               promise
               ;
               but
               if
               any
               thing
               were
               given
               for
               the
               twenty
               shillings
               ,
               though
               it
               were
               but
               to
               the
               value
               of
               a
               penny
               ,
               then
               it
               had
               been
               a
               good
               contract
               .
            
             
               If
               he
               to
               whom
               the
               promise
               is
               made
               ,
               have
               a
               charge
               by
               reason
               of
               the
               promise
               ,
               which
               he
               hath
               also
               performed
               ,
               then
               in
               that
               case
               he
               shall
               have
               an
               Action
               for
               the
               thing
               that
               was
               promised
               ,
               though
               he
               that
               made
               the
               promise
               have
               no
               worldly
               profit
               by
               it
               .
               As
               if
               a
               man
               say
               to
               another
               ,
               Heal
               such
               a
               poor
               man
               of
               his
               d●sease
               ,
               or
               make
               an
               High-way
               ,
               and
               I
               shall
               give
               thee
               thus
               much
               ;
               and
               
               if
               he
               do
               it
               ,
               I
               think
               an
               Action
               lyeth
               at
               the
               Common
               Law.
               
            
             
               This
               word
               (
               pro
               )
               makes
               a
               contract
               conditionall
               ;
               as
               if
               I
               Covenant
               to
               make
               an
               estate
               
                 pro
                 maritagio
                 habendo
              
               ;
               if
               the
               marriage
               take
               not
               effect
               ,
               I
               shall
               be
               discharged
               of
               this
               Covenant
               .
               So
               if
               an
               Annuity
               be
               granted
               ,
               
                 pro
                 consilio
                 impendendo
              
               ,
               stop
               the
               Counsell
               giving
               ,
               and
               stop
               the
               Annuity
               ;
               
               also
               if
               a
               man
               grant
               a
               way
               over
               his
               Land
               ,
               and
               
                 pro
                 chimino
                 illo
                 habendo
              
               ,
               he
               granteth
               to
               him
               a
               rent-charge
               :
               if
               one
               be
               stopped
               ,
               the
               other
               is
               stopped
               ;
               so
               it
               is
               in
               contracts
               ;
               As
               for
               a
               Hawk
               to
               be
               delivered
               me
               at
               such
               a
               day
               ,
               you
               shall
               have
               my
               horse
               at
               Christmass
               ;
               if
               the
               Hawk
               be
               not
               delivered
               at
               the
               day
               ,
               you
               shall
               not
               have
               an
               Action
               for
               the
               horse
               .
            
             
               The
               Infants
               contract
               for
               his
               meat
               ,
               apparell
               ,
               and
               necessaries
               is
               good
               ,
               if
               he
               be
               of
               the
               age
               of
               fourteen
               years
               .
            
          
           
             
               COPY-HOLD
               
            
             
               Copy-hold
               ,
               is
               a
               Tenure
               ,
               for
               which
               the
               Tenant
               hath
               nothing
               to
               shew
               ,
               but
               the
               Copies
               of
               the
               Rolls
               ,
               made
               by
               the
               Steward
               of
               his
               Lords
               Court.
               This
               Tenure
               is
               called
               a
               base
               Tenure
               ,
               because
               it
               holdeth
               
               at
               the
               will
               of
               the
               Lord
               ;
               it
               was
               wont
               to
               be
               called
               Tenure
               in
               villenage
               .
            
             
               The
               doing
               of
               fealty
               by
               a
               Copy-holder
               ,
               proveth
               
               that
               a
               Copy-holder
               so
               long
               as
               he
               observes
               the
               custom
               of
               the
               Mannor
               ,
               and
               payeth
               his
               services
               ,
               hath
               a
               fixed
               estate
               .
            
             
               Although
               in
               the
               judgment
               of
               the
               Law
               ,
               he
               hath
               but
               estate
               for
               will
               ;
               yet
               custom
               hath
               so
               established
               and
               fixed
               his
               estate
               ,
               that
               by
               the
               custom
               of
               the
               Mannor
               ,
               it
               is
               descendible
               to
               him
               and
               his
               Heirs
               ;
               and
               therefore
               his
               estate
               is
               not
               meerly
               
                 ad
                 voluntatem
              
               
               Domini
               ,
               but
               
                 ad
                 voluntatem
                 Domini
                 secundum
                 consuetudinem
                 manerii
              
               ;
               and
               by
               keeping
               the
               custom
               he
               shall
               inherit
               the
               Land
               ,
               as
               well
               as
               he
               that
               hath
               Frank-tenement
               at
               Common
               Law
               ,
               for
               
                 consuetudo
                 est
                 altera
                 Lex
              
               .
            
             
               The
               stile
               of
               a
               Copy-holder
               imports
               three
               things
               .
            
             
               
                 1.
                 
                 N●men
                 ,
                 his
                 Name
                 .
              
               
                 2.
                 
                 Originem
                 ,
                 his
                 Beginning
                 .
              
               
                 3.
                 
                 Titulum
                 ,
                 his
                 Assurance
                 .
              
            
             
               
                 1.
                 
                 His
                 Name
                 is
                 ,
                 Tenant
                 by
                 Copy
                 of
                 Court
                 Roll.
                 
              
               
                 2.
                 
                 His
                 Beginning
                 is
                 ,
                 
                   ad
                   voluntatem
                   Domini
                
                 ,
                 for
                 at
                 the
                 beginning
                 he
                 was
                 but
                 Tenant
                 at
                 the
                 will
                 of
                 the
                 Lord.
                 
              
               
                 3
                 His
                 Title
                 or
                 Assurance
                 ,
                 
                   secundum
                   consuetudinem
                   manerii
                
                 ;
                 for
                 the
                 custom
                 of
                 the
                 Mannor
                 
                 hath
                 fixed
                 his
                 Estate
                 ,
                 and
                 assured
                 the
                 Land
                 to
                 him
                 as
                 long
                 as
                 he
                 doth
                 his
                 service
                 and
                 duties
                 ,
                 and
                 performes
                 the
                 custom
                 of
                 the
                 Mannor
                 .
              
            
             
               If
               a
               Copy-holder
               be
               a
               popish
               Recusant
               ,
               his
               Copy-hold
               is
               forfeit
               ,
               for
               his
               life
               to
               the
               Lord
               of
               the
               
               Mannor
               ,
               if
               the
               Lord
               be
               not
               Re●usant
               ,
               and
               if
               the
               Lord
               be
               ,
               then
               to
               the
               King.
               
            
          
           
             
             
               CORONER
               .
            
             
               Coroner
               ,
               is
               an
               antient
               Officer
               of
               trust
               ,
               and
               of
               
               great
               authority
               ,
               ordained
               to
               be
               a
               principall
               confer
               vator
               or
               keeper
               of
               the
               peace
               ,
               to
               bear
               record
               of
               the
               Pleas
               of
               the
               Crown
               .
               Although
               by
               the
               Law
               ,
               the
               Coroner
               cannot
               enquire
               of
               any
               felony
               ;
               but
               the
               death
               of
               a
               man
               ;
               yet
               it
               hath
               been
               said
               ,
               that
               in
               N●●than●●erland
               they
               enquire
               of
               all
               felonies
               ;
               but
               this
               authority
               they
               maintain
               by
               prescription
               .
               If
               a
               man
               be
               killed
               or
               drowned
               in
               the
               arms
               or
               creeks
               of
               the
               Sea
               ,
               where
               a
               man
               may
               see
               Land
               from
               the
               one
               part
               to
               the
               other
               ,
               the
               Coroner
               shall
               enquire
               thereof
               ,
               and
               not
               the
               Admirall
               ,
               because
               the
               Countrey
               thereof
               may
               well
               have
               knowledg
               .
            
             
               The
               empannelling
               of
               the
               inquest
               ,
               and
               the
               view
               of
               the
               body
               ,
               and
               the
               giving
               of
               the
               Verdict
               ,
               is
               
               commonly
               in
               the
               street
               in
               an
               open
               place
               ,
               and
               
                 in
                 corona
                 populi
              
               ,
               but
               this
               name
               rather
               cometh
               ,
               because
               the
               death
               of
               every
               subject
               by
               violence
               is
               accounted
               to
               touch
               the
               Crown
               of
               the
               Prince
               ,
               and
               to
               be
               a
               detriment
               unto
               it
               .
               The
               Prince
               accounting
               that
               his
               strength
               ,
               power
               ,
               and
               Crown
               doth
               consist
               in
               the
               force
               of
               his
               people
               ,
               and
               the
               maintenance
               of
               them
               in
               security
               and
               peace
               .
            
             
               If
               a
               Coroner
               be
               
                 minus
                 idoneus
                 ad
                 officium
                 illud
                 exequendum
                 ,
              
               this
               is
               a
               good
               cause
               to
               remove
               him
               ,
               for
               he
               ought
               to
               be
               the
               Coroner
               
                 qui
                 melius
                 scia●
                 &
                 possit
                 officium
                 illud
                 intendere
                 .
              
            
             
               He
               must
               have
               two
               Properties
               ,
               viz.
               sufficient
               Knowledg
               ▪
               Ability
               and
               diligence
               in
               execution
               of
               his
               Office.
               
            
             
             
               Sir
               
                 Edward
                 Cook
              
               in
               his
               second
               part
               of
               his
               
                 Instit.
                 c.
              
               10.
               saith
               he
               should
               have
               five
               Q●a●●ics
               .
            
             
               
                 ●1
                 .
                 He
                 should
                 be
                 
                   Probus
                   homo
                
                 .
              
               
                 2.
                 
                 
                   Legalis
                   homo
                
                 .
              
               
                 3.
                 
                 Of
                 sufficient
                 understanding
                 and
                 knowledg
                 .
              
               
                 4.
                 
                 Of
                 good
                 ability
                 and
                 power
                 to
                 execute
                 his
                 Office
                 according
                 to
                 his
                 knowledg
                 .
              
               
                 5.
                 
                 Diligent
                 in
                 the
                 execution
                 of
                 his
                 Office
                 ,
                 See
                 more
                 there
                 .
              
            
             
               Coroners
               remain
               conservators
               of
               the
               Peace
               ▪
               within
               the
               County
               where
               they
               are
               Coroners
               ,
               notwithstanding
               the
               Kings
               death
               ,
               for
               they
               are
               made
               by
               the
               Kings
               writ
               ,
               and
               not
               by
               Commission
               ,
               as
               Justices
               are
               ,
               whose
               authority
               is
               determined
               by
               the
               death
               of
               the
               King
               ,
               for
               by
               the
               Commission
               he
               
               maketh
               them
               
                 Iusticiarios
                 suos
              
               ,
               so
               that
               he
               being
               once
               dead
               ,
               they
               are
               no
               more
               his
               Justices
               .
            
             
               The
               Statute
               giveth
               the
               Coroner
               thirteen
               Shillings
               and
               four
               pence
               for
               taking
               inquisition
               
                 super
                 visum
                 corporis
              
               .
            
          
           
             
               CORPORATION
               .
            
             
               Corporation
               ,
               is
               a
               permanent
               thing
               that
               may
               have
               succession
               .
               It
               is
               an
               assembly
               and
               joyning
               together
               
               of
               many
               into
               one
               fellowship
               ,
               Brother-hood
               and
               mind
               ,
               whereof
               one
               is
               head
               and
               chief
               the
               rest
               are
               the
               body
               .
            
             
               No
               Corporations
               can
               be
               made
               but
               by
               the
               King
               ,
               yet
               his
               Highness
               may
               depute
               this
               authority
               to
               another
               ,
               
               for
               so
               it
               cometh
               originally
               from
               the
               King.
               
            
          
           
             
               COVENANT
               .
            
             
               Covenant
               ,
               is
               an
               agreement
               made
               by
               Deed
               in
               writing
               ,
               and
               sealed
               between
               two
               persons
               .
            
             
               An
               Insant
               (
               by
               the
               Common
               Law
               )
               is
               not
               of
               age
               to
               bind
               it self
               by
               Covenant
               ,
               
                 ante
                 annos
                 nubiles
              
               ,
               
               which
               is
               twelve
               years
               in
               a
               woman
               ,
               and
               fourteen
               
               years
               in
               a
               man-child
               .
            
          
           
             
               COVINE
               .
            
             
               Covine
               ,
               cometh
               of
               the
               French
               word
               convine
               ,
               and
               
               is
               a
               secret
               assent
               determined
               in
               the
               hearts
               of
               two
               or
               more
               ,
               to
               the
               defrauding
               and
               prejudice
               of
               another
               .
            
             
               As
               if
               Tenant
               for
               life
               will
               secretly
               conspire
               with
               another
               ,
               that
               the
               other
               shall
               recover
               in
               prejudice
               of
               him
               in
               reversion
               ,
               for
               by
               this
               his
               reversion
               is
               taken
               away
               .
               For
               this
               conspiracy
               may
               very
               well
               be
               said
               to
               be
               covine
               ,
               since
               all
               the
               parts
               are
               therein
               contained
               ,
               for
               it
               is
               an
               unity
               in
               the
               hearts
               of
               two
               ,
               and
               it
               is
               secretly
               done
               in
               respect
               of
               a
               third
               who
               is
               thereby
               damni●ied
               ,
               for
               if
               it
               be
               secret
               quoad
               him
               who
               is
               concerned
               ,
               it
               is
               secret
               within
               the
               description
               .
            
          
           
             
               COUNT
               .
            
             
               Count
               ,
               cometh
               of
               the
               French
               word
               conte
               which
               in
               Latin
               is
               narratio
               ,
               and
               is
               vulgarly
               called
               a
               declaration
               .
               The
               original
               Writ
               is
               according
               to
               his
               Name
               Breve
               ,
               brief
               and
               short
               ,
               but
               the
               Count
               which
               
               the
               Plaintiff
               or
               Demandant
               makes
               ,
               is
               more
               narrative
               and
               spacious
               ,
               and
               certain
               both
               in
               matter
               and
               circumstance
               of
               time
               and
               place
               ,
               that
               the
               Defendant
               may
               be
               compelled
               to
               make
               a
               more
               direct
               answer
               ,
               so
               as
               the
               Writ
               may
               be
               compared
               to
               Logick
               ,
               and
               the
               Count
               to
               Rhetorick
               .
            
          
           
             
               COUNTY
               .
            
             
               County
               ,
               signifieth
               as
               much
               as
               Shire
               ,
               both
               containing
               
               a
               compass
               or
               portion
               of
               the
               Realm
               ,
               into
               the
               which
               all
               the
               land
               is
               divided
               for
               the
               better
               government
               thereof
               ,
               so
               as
               there
               is
               no
               Land
               ,
               but
               it
               is
               within
               some
               County
               :
               there
               be
               in
               England
               41
               Counties
               ,
               and
               in
               Wales
               12.
               
            
          
           
             
             
               COURT
               .
            
             
               Court
               ,
               is
               diversly
               taken
               ,
               sometimes
               for
               the
               house
               
               where
               the
               King
               remaineth
               with
               his
               ordinary
               retinue
               ,
               and
               also
               the
               place
               where
               Justice
               is
               judicially
               ministred
               .
               In
               times
               past
               the
               Courts
               and
               Benches
               followed
               the
               King
               ,
               and
               his
               Court
               wheresoever
               he
               went
               ,
               which
               thing
               especially
               shortly
               after
               the
               conquest
               being
               found
               very
               cumbersome
               ,
               painfull
               ,
               and
               chargeable
               to
               the
               people
               ,
               it
               was
               agreed
               by
               Parliament
               ,
               that
               there
               should
               be
               a
               standing
               place
               where
               judgment
               should
               be
               given
               ,
               and
               it
               hath
               long
               time
               been
               used
               in
               
               Westminster-Hall
               ,
               which
               King
               
                 William
                 Rufus
              
               builded
               for
               the
               Hall
               of
               his
               own
               house
               .
               In
               that
               Hall
               are
               ordinarily
               seen
               three
               Tribunals
               ,
               or
               Judges
               ●ea●s
               .
               At
               the
               entry
               on
               the
               right
               hand
               the
               Common
               Pleas.
               Where
               Civil
               matters
               are
               to
               be
               pleaded
               ,
               specially
               such
               as
               touch
               Lands
               or
               contracts
               .
               At
               the
               upper
               end
               of
               the
               Hall
               on
               the
               right
               hand
               ,
               the
               Kings
               Bench
               ,
               where
               Pleas
               of
               the
               Crown
               have
               their
               place
               ,
               and
               where
               Kings
               
               in
               former
               times
               have
               often
               personally
               sate
               .
               And
               on
               the
               left
               hand
               sitteth
               the
               Chancellour
               accompanied
               with
               the
               Master
               of
               the
               Rolls
               ,
               who
               in
               Latin
               may
               be
               called
               
                 Custos
                 Archiv●rum
                 Regis
              
               ,
               and
               certain
               men
               learned
               in
               the
               Civil
               Law
               ,
               called
               Masters
               of
               the
               Chancery
               ,
               in
               Latin
               they
               may
               be
               called
               Asses●●●es
               .
            
             
               There
               is
               also
               another
               Court
               of
               special
               note
               
               called
               the
               Star-chamber
               ,
               either
               because
               it
               is
               full
               
               of
               windows
               ,
               or
               because
               at
               the
               first
               all
               the
               roof
               thereof
               was
               decked
               and
               garnished
               with
               gilded
               stars
               .
            
             
               The
               Judges
               of
               this
               Court
               are
               the
               Lord
               Chancellour
               ,
               the
               Lord
               Treasurer
               ,
               all
               the
               Kings
               Majesties
               counsell
               ,
               the
               Barons
               of
               this
               Land
               ;
               and
               many
               other
               Courts
               there
               are
               ,
               of
               which
               some
               may
               fine
               and
               not
               imprison
               ,
               as
               the
               Court
               Leet
               ,
               some
               cannot
               fine
               or
               imprison
               ,
               but
               amerce
               ,
               as
               the
               Court-county
               ,
               Hundred
               ,
               Baron
               ,
               for
               no
               Court
               may
               fine
               or
               imprison
               which
               is
               not
               a
               Court
               of
               Record
               :
               some
               may
               imprison
               and
               not
               fine
               ,
               as
               the
               Constables
               at
               the
               petty
               
               Sessions
               for
               any
               affray
               made
               in
               disturbance
               of
               the
               Court
               may
               imprison
               but
               not
               fine
               :
               some
               Courts
               can
               neither
               imprison
               ,
               fine
               ,
               nor
               a
               merce
               ,
               as
               ecclesiasticall
               Courts
               held
               before
               the
               Ordinary
               ,
               Archdeacon
               or
               other
               Commissaries
               ,
               all
               which
               proceed
               according
               to
               canon
               or
               civil
               Law
               ;
               and
               some
               may
               imprison
               ,
               fine
               ,
               and
               amerce
               ,
               as
               the
               case
               shall
               require
               ,
               as
               the
               Courts
               of
               Record
               at
               Westminster
               ,
               and
               else
               where
               .
            
             
               Courts
               of
               Record
               are
               the
               Kings
               Courts
               ,
               as
               he
               is
               King
               ,
               those
               have
               that
               credit
               ,
               that
               no
               ameroement
               can
               be
               taken
               against
               any
               thing
               there
               entred
               or
               done
               .
            
          
           
             
               CURSITER
               .
            
             
               Cursiter
               ,
               they
               are
               called
               cursitors
               ,
               because
               they
               
               make
               
                 brevia
                 de
                 cursu
              
               ,
               Writs
               of
               course
               so
               called
               ,
               because
               they
               have
               a
               setled
               form
               prescribed
               in
               an
               antient
               Book
               ,
               therefore
               called
               the
               Register
               of
               Writs
               .
            
          
           
             
               COURTESIE
               OF
               ENGLAND
               .
            
             
               
                 Courtesie
                 of
                 England
              
               ,
               is
               where
               a
               man
               taketh
               a
               
               Wife
               seised
               in
               Fee
               simple
               or
               Fee
               tail
               general
               ,
               or
               seised
               as
               Heir
               of
               the
               Tail
               speciall
               ,
               and
               hath
               issue
               by
               the
               Wife
               ,
               Male
               or
               Female
               ,
               b●
               the
               
               issue
               dead
               or
               in
               life
               ,
               if
               the
               Wife
               die
               ,
               the
               Husband
               shall
               hold
               the
               Land
               during
               his
               life
               by
               the
               Law
               of
               England
               .
               If
               it
               be
               born
               alive
               it
               is
               sufficient
               ,
               though
               it
               be
               not
               heard
               cry
               ,
               for
               peradventure
               it
               may
               be
               born
               dumb
               ,
               and
               this
               is
               resolved
               clearly
               in
               Pains
               Case
               8
               Rep.
               with
               whom
               agree
               Fitzherbert
               and
               Perkins
               9.
               47.
               for
               the
               pleading
               is
               that
               during
               the
               marriage
               he
               had
               issue
               by
               his
               Wife
               ,
               and
               upon
               the
               evidence
               it
               must
               be
               proved
               that
               the
               issue
               was
               alive
               ,
               for
               
                 mortuus
                 exitus
                 non
                 est
                 exitus
                 ,
                 Cook
                 on
                 Lit.
                 l.
              
               1.
               cap.
               4.
               
            
          
           
             
               CURTILAGIUM
               .
            
             
               Curtilagium
               ,
               is
               a
               soil
               or
               Garden
               spot
               belonging
               to
               a
               Messuage
               ,
               
                 quasi
                 curta
                 pecia
                 terrae
                 .
                 Fairfax
                 .
              
               21
               Ed.
               4.
               fol.
               52.
               
            
             
               If
               the
               Wife
               be
               delivered
               of
               a
               monster
               ,
               which
               
               hath
               not
               the
               shape
               of
               mankind
               ,
               this
               is
               no
               issue
               in
               the
               Law
               ,
               but
               although
               the
               issue
               hath
               some
               deformity
               in
               any
               part
               of
               his
               body
               ,
               yet
               if
               he
               hath
               humane
               shape
               ,
               this
               sufficeth
               .
            
             
               If
               the
               issue
               be
               born
               deaf
               or
               dumb
               or
               both
               ,
               or
               be
               born
               an
               idiot
               ,
               yet
               it
               is
               a
               lawfull
               issue
               to
               make
               the
               Husband
               Tenant
               by
               the
               courtesie
               ,
               and
               to
               inherit
               the
               Wifes
               Lands
               of
               such
               Inheritances
               whereof
               actuall
               seisin
               cannot
               be
               gained
               untill
               a
               certain
               time
               (
               as
               of
               Rent
               in
               fee
               ,
               in
               right
               of
               the
               Wi●e
               ,
               untill
               the
               day
               
               of
               payment
               ,
               nor
               of
               advowson
               in
               gross
               untill
               the
               incumbent
               die
               )
               of
               such
               Inheritances
               the
               Husband
               shall
               be
               Tenant
               by
               the
               courtesie
               ,
               although
               he
               be
               not
               actually
               thereof
               seised
               during
               the
               Coverture
               .
            
          
           
             
             
               CONSUETUDO
               .
            
             
               This
               word
               Consuetudo
               ,
               hath
               in
               Law
               divers
               significations
               .
               
            
             
               
                 1.
                 
                 It
                 is
                 taken
                 for
                 the
                 Common
                 Law
                 ,
                 as
                 
                   cons●etudo
                   Angliae
                
                 .
              
               
                 2.
                 
                 For
                 Statute
                 Law
                 ,
                 as
                 
                   contra
                   consuetudinem
                   communi
                   concilio
                   regni
                   edit
                   .
                
              
               
                 3.
                 
                 For
                 particular
                 customs
                 ,
                 as
                 Gavel
                 kind
                 ,
                 Borough
                 ,
                 English
                 ,
                 and
                 the
                 like
                 .
              
               
                 4.
                 
                 For
                 Rents
                 ,
                 Services
                 ,
                 due
                 to
                 the
                 Lord
                 ,
                 as
                 
                   consuetudines
                   &
                   servitia
                
                 .
              
               
                 5.
                 
                 For
                 Customes
                 ,
                 Tributes
                 ,
                 or
                 Impositions
                 ,
                 as
                 
                   de
                   novis
                   consuetudinibus
                   levatis
                   in
                   regno
                   ,
                   sive
                   in
                   terra
                   sive
                   in
                   aqua
                   .
                
              
               
                 6.
                 
                 Subsidies
                 ,
                 or
                 Customes
                 granted
                 by
                 common
                 consent
                 ,
                 that
                 is
                 ,
                 by
                 authority
                 of
                 Parliament
                 ,
                 
                   pro
                   bono
                   publico
                
                 ,
                 these
                 be
                 ,
                 
                   Antiquae
                   &
                   rectae
                   consuetadines
                
                 .
              
            
          
           
             
               CUSTOM
               .
            
             
               Custom
               ,
               is
               one
               of
               the
               main
               Triangles
               of
               the
               Laws
               
               of
               England
               ,
               these
               Laws
               being
               divided
               into
               .
            
             
               
                 1.
                 
                 Common
                 Law.
                 
              
               
                 2.
                 
                 Statute
                 Law.
                 
              
               
                 3.
                 
                 Custom
                 .
              
            
             
               Custom
               is
               a
               reasonable
               act
               iterated
               ,
               multiplied
               
               and
               continued
               by
               the
               people
               time
               out
               of
               mind
               .
               Of
               every
               custom
               there
               be
               two
               essential
               parts
               ,
               time
               and
               usage
               ,
               time
               out
               of
               mind
               ,
               and
               continual
               and
               peaceable
               usage
               without
               interruption
               .
            
             
               Some
               say
               there
               are
               three
               essential
               qualities
               of
               a
               good
               Custom
               .
            
             
               
                 1.
                 
                 Certainty
                 .
              
               
                 2.
                 
                 Reasonablen●ss
                 .
              
               
                 3.
                 
                 Use
                 or
                 continuance
                 .
              
            
             
               Others
               say
               ,
               a
               good
               Custom
               ought
               to
               have
               four
               inseparable
               Properties
               .
            
             
             
               1.
               
               A
               reasonable
               commencement
               (
               for
               every
               
               Custom
               hath
               a
               commencement
               ,
               although
               that
               the
               memory
               of
               man
               extend
               not
               to
               this
               ,
               as
               the
               River
               Nilus
               hath
               a
               fountain
               ,
               although
               the
               Geographers
               cannot
               find
               it
               )
               whence
               these
               maximes
               in
               Law
               ▪
               
                 Obtemperandum
                 est
                 consu●tudini
                 rationabili
                 tanquam
                 legi
                 .
                 In
                 consu●tudini●us
                 n●●
                 diuturnit●
                 temporis
                 ,
                 sed
                 soliditas
                 rati●nis
                 est
                 consideranda
                 .
              
               For
               if
               the
               custom
               be
               unreasonable
               in
               the
               originall
               ,
               no
               use
               or
               continuance
               can
               make
               this
               good
               .
               
                 Quod
                 ab
                 initio
                 non
                 valuit
                 ,
                 tractu
                 temporis
                 non
                 convalescit
                 .
              
               A
               thing
               that
               is
               void
               
                 ab
                 initio
              
               ,
               〈…〉
               prescription
               of
               time
               can
               make
               this
               good
               .
               Every
               custom
               is
               not
               unreasonable
               which
               is
               against
               the
               particular
               rule
               or
               maxim
               ▪
               of
               the
               posi●ive
               Law
               ,
               as
               the
               custom
               of
               Gavel-●ind
               and
               Borough
               English
               are
               against
               the
               maxime
               and
               descent
               of
               inheritance
               ,
               and
               the
               custom
               of
               
                 ●●●●
                 ,
                 the
                 ●ather
                 to
                 the
                 bough
                 ,
                 the
                 s●n
                 to
                 the
                 plow
                 ,
              
               i●
               against
               the
               maxime
               of
               eschea●es
               ,
               for
               
                 consuetudo
                 ex
                 certa
                 causa
                 rationabili
                 ●sitata
                 privat
                 communem
                 legem
                 .
              
               Besides
               a
               custom
               may
               be
               prejuciall
               to
               the
               interest
               of
               a
               particular
               person
               ,
               and
               yet
               reasonable
               ;
               where
               it
               is
               for
               the
               benefit
               of
               the
               common-wealth
               in
               general
               :
               
                 Salus
                 populi
                 suprema
                 〈…〉
                 est●
              
               ,
               as
               custom
               to
               make
               bulwarks
               upon
               the
               land
               of
               another
               for
               defence
               of
               the
               Kingdom
               ,
               36
               H●n
               .
               8.
               
               Dyer
               60.
               
               B
               ,
               and
               to
               raze
               houses
               
                 in
                 publico
                 incendi●
              
               ,
               29
               H.
               8.
               
               Dyer
               36.
               
               B.
               A
               custom
               which
               is
               prejudicial
               and
               injurious
               to
               the
               Common-wealth
               ,
               and
               begins
               only
               by
               oppression
               and
               extortion
               of
               Lords
               ,
               hath
               no
               lawfull
               commencement
               ,
               but
               is
               void
               :
               So
               by
               
               
                 Littleton
                 fol.
              
               46.
               
               Custome
               that
               the
               Lord
               shall
               have
               fine
               of
               his
               Frank-tenant
               for
               marriage
               of
               his
               Daughter
               is
               held
               void
               ;
               and
               custome
               that
               the
               Lord
               of
               
               the
               Mannor
               shall
               detain
               distress
               taken
               upon
               his
               demeans
               untill
               a
               fine
               be
               made
               to
               him
               for
               dammage
               at
               his
               will
               ,
               is
               also
               void
               ,
               3
               
                 Eliz.
                 Dyer
              
               199.
               
               B.
               
            
             
             
               2.
               
               Custom
               ought
               to
               be
               certain
               ,
               and
               not
               ambiguous
               ,
               for
               
                 incerta
                 pro
                 malis
                 hahentur
              
               ,
               an
               uncertain
               thing
               may
               not
               be
               continued
               time
               out
               of
               mind
               without
               
               interruption
               .
            
             
               3.
               
               Custom
               ought
               to
               have
               continuance
               without
               interruption
               ,
               time
               out
               of
               mind
               ,
               for
               if
               it
               be
               dis●on
               
               inued
               within
               memory
               ,
               the
               custom
               is
               gone
               :
               
                 consuetudo
                 ●emel
                 reprobata
                 non
                 p●●●si
                 amplius
                 indu●●
              
               ;
               for
               as
               continuance
               makes
               custom
               ,
               so
               discontinuance
               destroyes
               it
               .
               
                 Nihil
                 ●am
                 conveniens
                 natural●
                 aequita●i
                 ,
                 quam
                 unum
                 quodque
                 dissol●●●o
                 ligamine
                 qu●
                 ligatum
                 est
                 .
              
            
             
               4.
               
               It
               ought
               to
               be
               submitted
               to
               the
               Pr●rogative
               of
               the
               King
               ,
               and
               not
               exalt
               it self
               against
               it
               ;
               for
               prescription
               of
               time
               makes
               a
               custom
               ,
               but
               
                 nullum
                 tempus
                 o●●urrit
                 Regi
              
               .
               If
               a
               man
               hath
               Toll
               or
               Wreck
               ,
               or
               Stray
               by
               prescription
               ,
               this
               extends
               not
               to
               the
               goods
               of
               the
               King
               :
               So
               prescription
               to
               have
               sanctuary
               for
               treason
               ;
               or
               to
               have
               
                 ca●a●la
                 selonum
              
               ,
               is
               void
               against
               the
               King
               ;
               because
               that
               such
               a
               priviledge
               
                 exaltat
                 se
                 in
                 praerogativam
                 Regis
              
               ,
               1
               Hen.
               7.
               236.
               
            
             
               Custom
               is
               either
               ,
            
             
               1.
               
               Generall
               ,
               which
               is
               currant
               through
               England
               .
               
               That
               which
               is
               used
               
                 per
                 totam
                 Angliam
              
               ,
               is
               Common
               Law
               ,
               
                 &
                 quod
                 habetur
                 consutend●
                 per
                 totam
                 Angliam
                 ,
              
               is
               not
               a
               good
               manner
               ,
               
                 to
                 alledge
              
               a
               Custom
               ,
               Cook
               9
               
                 Rep.
                 Combes
                 Case
              
               .
            
             
               If
               any
               generall
               Custom
               were
               directly
               against
               the
               Law
               of
               God
               ,
               or
               if
               any
               Statute
               were
               made
               directly
               against
               it
               ,
               as
               if
               it
               were
               ordained
               ,
               that
               no
               Alms
               should
               be
               given
               for
               no
               necessity
               ,
               the
               custom
               and
               statute
               were
               void
               .
            
             
               2.
               
               Particular
               ,
               is
               that
               which
               belongeth
               to
               this
               or
               that
               County
               ,
               as
               Borough
               English
               in
               many
               places
               ,
               Gavel-kind
               to
               Kent
               ,
               for
               all
               the
               Heirs
               Males
               to
               inherit
               alike
               ;
               Countries
               have
               their
               Customes
               according
               
               to
               the
               constitution
               of
               the
               place
               :
               as
               in
               
                 Kent
                 North-wales
              
               ;
               because
               those
               Counties
               have
               been
               most
               subject
               to
               forreign
               invasions
               ,
               that
               every
               man
               there
               may
               be
               of
               power
               for
               resistance
               ;
               the
               inheritances
               for
               the
               most
               part
               descend
               in
               Gavel-kind
               ,
               viz.
               to
               every
               brother
               alike
               .
               There
               are
               particular
               Customs
               also
               to
               this
               or
               that
               Lordship
               ,
               City
               ,
               or
               Town
               .
               The
               Custom
               of
               the
               County
               of
               Buckingham
               is
               ,
               and
               hath
               been
               time
               our
               of
               mind
               ,
               that
               every
               Swan
               which
               hath
               her
               cou●●e
               in
               any
               water
               that
               rans
               to
               the
               Thames
               within
               the
               said
               County
               ;
               if
               the
               Swan
               come
               upon
               the
               Land
               of
               any
               man
               ,
               and
               make
               her
               nest
               ,
               and
               hath
               Cignets
               upon
               the
               same
               ,
               he
               that
               hath
               the
               property
               of
               the
               Swan
               ,
               shall
               have
               two
               of
               the
               Cignets
               ,
               and
               he
               whose
               land
               it
               is
               ,
               shall
               have
               the
               
               third
               Cignet
               which
               shall
               be
               of
               least
               value
               :
               this
               was
               held
               a
               good
               custom
               ,
               because
               the
               owner
               of
               the
               land
               suffered
               them
               to
               breed
               there
               ,
               whereas
               he
               might
               have
               chased
               them
               out
               .
            
             
               In
               London
               ,
               1.
               
               If
               the
               Debtor
               be
               a
               Fugitive
               ,
               the
               
               Creditor
               before
               the
               day
               of
               payment
               may
               arrest
               him
               to
               find
               better
               surety
               .
            
             
               2.
               
               They
               may
               there
               enter
               a
               mans
               house
               with
               the
               Constable
               or
               Beadle
               upon
               suspicion
               of
               Bawdery
               .
            
             
               3.
               
               They
               may
               remove
               an
               Action
               before
               the
               Major
               ,
               depending
               the
               Plea
               before
               the
               Sheriffs
               .
            
             
               These
               Customs
               in
               London
               though
               against
               the
               rule
               of
               Common
               Law
               ,
               are
               allowed
               
                 eo
                 potius
              
               ,
               because
               they
               have
               not
               only
               the
               force
               of
               a
               Custom
               ,
               but
               also
               are
               supported
               and
               fortified
               by
               authority
               of
               Parliament
               .
               
            
             
               In
               some
               places
               within
               the
               County
               of
               Glocester
               ,
               the
               goods
               and
               lands
               of
               condemned
               persons
               fall
               into
               the
               Kings
               hands
               for
               a
               year
               only
               and
               a
               day
               ,
               and
               after
               that
               term
               expired
               (
               contrary
               to
               the
               Custom
               of
               all
               England
               besides
               )
               return
               to
               the
               next
               heirs
               .
            
             
             
               
                 Baldwin
                 le
                 Pettour
              
               ,
               held
               certain
               Lands
               in
               Hemingston
               in
               Suffolk
               by
               Serjeanty
               ,
               for
               which
               on
               Christmass-day
               every
               year
               before
               the
               King
               of
               England
               
               he
               should
               perform
               one
               Saltus
               (
               that
               is
               ,
               he
               should
               dance
               )
               one
               suffletus
               (
               puff
               up
               his
               checks
               ,
               making
               there
               with
               a
               sound
               )
               and
               one
               bumbulus
               (
               let
               a
               crack
               downward
               .
               )
            
             
               In
               some
               Countrey
               an
               Infant
               when
               he
               is
               of
               the
               age
               of
               fifteen
               years
               may
               make
               a
               feoffement
               ,
               and
               
               the
               feoffement
               is
               good
               ;
               and
               in
               some
               Country
               when
               he
               can
               mete
               an
               Eell
               of
               Cloth.
               
            
             
               In
               som
               places
               the
               Widow
               shall
               have
               the
               whole
               or
               half
               ,
               
                 dum
                 s●la
                 &
                 castra
                 vixerit
              
               .
               Sir
               
                 George
                 Farmour
              
               claimed
               by
               Custom
               in
               his
               Mannor
               of
               Torcester
               in
               Northampton-shire
               ,
               to
               have
               a
               Common
               Bake-house
               ,
               and
               that
               none
               others
               should
               bake
               to
               sell
               there
               ;
               and
               it
               was
               adjudged
               a
               good
               Custom
               Cook
               8
               Report
               .
               Case
               of
               the
               City
               of
               London
               .
               See
               more
               there
               concerning
               particular
               Customs
               .
            
             
               Custom
               differeth
               from
               prescription
               ,
               because
            
             
               
                 1.
                 
                 Custom
                 is
                 common
                 to
                 many
                 ,
                 and
                 prescription
                 particular
                 to
                 this
                 or
                 that
                 man.
                 
              
               
                 2.
                 
                 Prescription
                 may
                 be
                 for
                 a
                 shorter
                 time
                 then
                 Custom
                 ,
                 sc.
                 for
                 five
                 years
                 ,
                 or
                 one
                 year
                 or
                 
                 less
                 :
                 As
                 if
                 a
                 fine
                 be
                 duely
                 levied
                 of
                 Lands
                 or
                 Tenements
                 ,
                 and
                 be
                 not
                 gainsaid
                 within
                 five
                 years
                 ,
                 this
                 is
                 a
                 barre
                 to
                 all
                 claim
                 for
                 ever
                 .
              
            
             
               Custom
               is
               nothing
               else
               but
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
               as
               indeed
               Law
               is
               no
               other
               thing
               then
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
          
        
         
           
           
             D.
             
          
           
             
               DAMMAGE
               .
            
             
               DAmmage
               ,
               in
               the
               Common
               Law
               ,
               hath
               a
               speciall
               signification
               ,
               for
               the
               recompence
               that
               is
               given
               by
               the
               Jury
               ,
               to
               the
               Plaintiff
               or
               Defendant
               ,
               for
               the
               wrong
               done
               unto
               him
               .
               
                 Cook
                 on
                 Lit.
                 l.
              
               3.
               c.
               7.
               sect
               .
               431.
               
               
                 Damnum
                 dicitur
                 à
                 demende
                 ,
                 cum
                 diminutione
                 ves
                 deterior
                 fit
                 ,
                 Cook
                 lib.
              
               1
               ●
               .
               Rep.
               So
               costs
               of
               suit
               are
               dammages
               to
               the
               Plaintiff
               ,
               for
               by
               them
               his
               substance
               is
               diminished
               .
            
          
           
             
               DAMMAGE
               FEASANT
               .
            
             
               
                 Dammage
                 Feasant
              
               ,
               is
               when
               a
               strangers
               Beasts
               are
               in
               another
               mans
               ground
               ,
               without
               lawfull
               authority
               or
               licence
               of
               the
               Tenant
               of
               the
               ground
               ,
               and
               there
               do
               feed
               ,
               tread
               and
               otherwise
               spoil
               the
               Corn
               ,
               Grass
               ,
               Woods
               ,
               or
               such
               like
               .
               In
               which
               case
               ,
               the
               Tenant
               ,
               whom
               they
               hurt
               ,
               may
               therefore
               take
               ,
               distrain
               ,
               and
               impound
               them
               ,
               as
               well
               in
               the
               night
               as
               in
               the
               day
               ;
               but
               for
               rent
               and
               services
               none
               may
               distrain
               in
               the
               night
               season
               .
            
             
               He
               that
               hath
               the
               hurt
               may
               take
               the
               Beasts
               as
               a
               distress
               ,
               and
               put
               them
               in
               a
               Pound
               overt
               ,
               so
               it
               be
               within
               the
               same
               shire
               ,
               and
               there
               let
               them
               remain
               
               till
               the
               owner
               will
               make
               him
               amends
               for
               the
               hurt
               :
               but
               by
               the
               Stature
               of
               Queen
               Mary
               ,
               the
               Beasts
               must
               not
               be
               driven
               above
               three
               miles
               out
               of
               the
               hundred
               .
            
          
           
             
               DEAN
               .
            
             
               Dean
               ,
               is
               derived
               of
               the
               Greek
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               that
               signifieth
               ten
               ,
               because
               he
               was
               antiently
               over
               ten
               
               Prebands
               or
               Canons
               at
               the
               least
               in
               a
               Cathedrall
               
               Church
               ,
               and
               is
               head
               of
               his
               Chapter
               .
            
          
           
             
               DEBT
               .
            
             
               Debt
               ,
               debts
               due
               by
               Obligation
               ,
               shall
               be
               paid
               by
               
               Executors
               before
               debts
               by
               simple
               contract
               ,
               and
               debts
               by
               simple
               contract
               before
               Legacies
               .
            
             
               If
               a
               man
               take
               a
               woman
               which
               is
               i
               debted
               to
               other
               persons
               ,
               the
               Husband
               and
               Wife
               shall
               be
               sued
               for
               this
               debt
               ,
               the
               Wife
               living
               .
               But
               if
               she
               die
               ,
               the
               Husband
               shall
               not
               be
               charged
               for
               this
               debt
               after
               her
               death
               ;
               unless
               the
               Creditour
               of
               the
               Husband
               and
               Wife
               recover
               the
               debt
               during
               the
               Coverture
               ,
               then
               ,
               although
               the
               Wife
               die
               ,
               yet
               the
               Husband
               shall
               
               be
               charged
               for
               to
               pay
               this
               debt
               ,
               after
               the
               death
               of
               the
               Wife
               by
               this
               recovery
               .
            
             
               If
               a
               man
               lease
               land
               for
               term
               of
               life
               to
               a
               woman
               rendring
               rent
               ,
               and
               she
               taketh
               a
               Husband
               ,
               and
               after
               the
               rent
               is
               behind
               ,
               and
               the
               woman
               die
               ,
               the
               Husband
               
               shall
               be
               charged
               by
               a
               Writ
               of
               Debt
               for
               this
               rent
               behind
               ,
               because
               that
               he
               takes
               the
               profit
               of
               
               the
               land
               by
               reason
               of
               his
               Wife
               .
            
             
               By
               Law
               of
               the
               Realm
               Debt
               only
               ariseth
               upon
               some
               contract
               or
               penalty
               imposed
               ,
               upon
               some
               Statute
               ,
               and
               not
               by
               other
               offences
               ,
               as
               in
               the
               Civil
               Law
               ,
               
                 debitum
                 ex
                 delicto
              
               .
            
             
               If
               a
               Tailor
               make
               a
               garment
               for
               me
               ,
               if
               we
               be
               not
               
               agreed
               before
               what
               I
               shall
               pay
               for
               the
               making
               ,
               he
               cannot
               have
               an
               Action
               of
               debt
               ,
               otherwise
               it
               is
               for
               Victuals
               and
               Wine
               .
               But
               the
               Tailor
               may
               detain
               the
               garment
               untill
               he
               be
               payed
               ,
               as
               an
               Inne-keeper
               may
               his
               guests
               horse
               for
               meat
               ,
               or
               he
               may
               have
               an
               action
               upon
               the
               Case
               ,
               upon
               an
               assum
               fit
               to
               pay
               him
               so
               much
               as
               he
               deserves
               .
            
          
           
             
               DECIES
               TANTUM
               .
            
             
               
                 Decies
                 tantum
              
               ,
               is
               a
               Writ
               ,
               and
               lyeth
               where
               a
               Juror
               in
               any
               enquest
               ,
               taketh
               money
               of
               the
               one
               part
               
               or
               other
               to
               give
               his
               verdict
               ,
               then
               he
               shall
               pay
               ten
               times
               as
               much
               as
               he
               hath
               received
               .
            
          
           
             
               DECEIT
               .
            
             
               Deceit
               .
               the
               Common
               Law
               giveth
               a
               double
               remedy
               against
               such
               as
               endammage
               others
               by
               deceit
               ,
               viz.
               either
               a
               Writ
               of
               deceit
               or
               an
               Action
               upon
               the
               Case
               .
            
          
           
             
               DEED
               .
            
             
               Deed
               ,
               This
               word
               in
               the
               understanding
               of
               the
               
               Common
               Law
               is
               an
               Instrument
               written
               in
               Parchmen
               or
               Paper
               ,
               whereunto
               ten
               things
               are
               necessarily
               incident
               .
            
             
               
                 1.
                 
                 Writing
                 .
              
               
                 2.
                 
                 In
                 Parchment
                 or
                 Paper
                 .
              
               
                 3.
                 
                 A
                 person
                 able
                 to
                 contract
                 .
              
               
                 4.
                 
                 By
                 a
                 sufficient
                 name
                 .
              
               
                 5.
                 
                 A
                 person
                 able
                 to
                 be
                 contracted
                 with
                 .
              
               
                 6.
                 
                 By
                 a
                 sufficient
                 name
                 .
              
               
                 7.
                 
                 A
                 thing
                 to
                 be
                 contracted
                 for
                 .
              
               
                 8.
                 
                 Apt
                 words
                 required
                 by
                 Law.
                 
              
               
                 9.
                 
                 Sealing
                 .
              
               
                 10.
                 
                 Delivery
                 .
              
            
             
               In
               another
               place
               on
               Lit.
               (
               
                 viz.
                 l.
              
               3.
               c.
               1.
               sect
               .
               259.
               )
               Sir
               
                 Edward
                 Cook
              
               saith
               ,
               a
               Deed
               is
               an
               Instrument
               consisting
               of
               three
               things
               ,
               viz.
               Writing
               ,
               Sealing
               ,
               and
               Delivery
               ,
               comprehending
               a
               bargain
               or
               contract
               between
               Party
               and
               Party
               ,
               man
               or
               woman
               .
               Also
               in
               Goddards
               Case
               2
               Rep.
               he
               saith
               
               there
               are
               three
               things
               of
               the
               essence
               and
               substance
               of
               a
               Deed
               ,
               viz.
               Writing
               in
               Paper
               or
               Parchment
               ,
               Sealing
               ,
               and
               Delivery
               ,
               and
               if
               it
               have
               these
               three
               ,
               
               although
               it
               want
               ,
               
                 in
                 cujus
                 rei
                 testimonium
                 sigillum
                 suum
                 apposuit
                 ,
              
               yet
               the
               Deed
               is
               sufficient
               ;
               for
               the
               delivery
               is
               as
               necessary
               to
               the
               essence
               of
               a
               Deed
               ,
               as
               putting
               of
               the
               Seal
               to
               it
               ,
               and
               yet
               it
               is
               not
               necessary
               to
               express
               it
               in
               the
               Deed
               ,
               that
               it
               was
               delivered
               .
               
               The
               date
               of
               the
               deed
               is
               not
               of
               the
               substance
               of
               it
               ,
               for
               if
               it
               want
               date
               ,
               or
               if
               it
               be
               a
               false
               or
               impossible
               date
               ,
               as
               the
               30
               day
               of
               February
               ,
               yet
               the
               Deed
               is
               good
               ,
               for
               it
               takes
               er●●●i
               by
               the
               delivery
               ,
               and
               not
               the
               day
               o●
               the
               date
               .
               The
               Order
               of
               making
               a
               Deed
               is
               ,
            
             
               1.
               
               To
               write
               it
               .
               
               Then
               to
               seal
               to
               it
               .
            
             
               And
               a●ter
               to
               deliver
               it
               :
               And
               therefore
               it
               is
               not
               necessary
               ,
               that
               the
               sealing
               o●
               delivery
               be
               mentioned
               
               within
               the
               writing
               ,
               because
               they
               are
               to
               be
               done
               after
               .
            
             
               Every
               Deed
               shall
               be
               taken
               most
               strongly
               against
               the
               Grant●r
               ,
               and
               most
               beneficially
               for
               the
               Grantee
               ,
               
               and
               is
               most
               strong
               against
               the
               Lessor
               ,
               and
               most
               beneficial
               for
               the
               Lessee
               .
            
             
               Of
               Deeds
               some
               be
               ,
            
             
               1.
               
               Indented
               ,
               so
               called
               ,
               because
               they
               are
               cut
               to
               the
               fashion
               of
               the
               teeth
               in
               the
               top
               or
               side
               ,
               which
               are
               either
               ,
            
             
               Bipartite
               ,
               when
               there
               be
               two
               parts
               and
               Parties
               to
               the
               Deed.
               
            
             
               Tripartite
               ,
               when
               there
               are
               three
               parts
               and
               Parties
               .
            
             
               Quadripartite
               .
            
             
               Quinquepartite
               .
            
             
               2.
               
               Polls
               which
               are
               plain
               without
               any
               indenting
               
               so
               called
               ,
               because
               they
               are
               cut
               even
               or
               polled
               ,
               every
               deed
               that
               is
               pleaded
               ,
               shall
               be
               intended
               to
               be
               a
               deed
               poll
               unless
               it
               be
               alledged
               to
               be
               indenced
               .
            
             
               If
               a
               deed
               beginneth
               ,
               
                 Haec
                 Indentura
              
               ,
               and
               the
               parchment
               or
               paper
               is
               not
               indented
               ,
               this
               is
               no
               Indenture
               ,
               because
               words
               cannot
               make
               it
               indented
               .
               
               And
               although
               there
               are
               no
               words
               of
               Indenture
               in
               the
               Deed
               ,
               yet
               if
               it
               be
               indented
               ,
               it
               is
               an
               Indenture
               in
               Law
               ,
               for
               it
               may
               be
               an
               Indenture
               without
               words
               ,
               but
               not
               by
               words
               without
               indenting
               .
            
          
           
             
             
               DEFEISANCE
               .
            
             
               Defeisance
               ,
               is
               fetched
               from
               the
               French
               word
               desaire
               ,
               that
               is
               ,
               de●eat
               or
               undo
               ,
               
                 infectum
                 redd●●
              
               
               
                 quod
                 factum
                 est
              
               .
            
          
           
             
               DEFAULT
               .
            
             
               Default
               ,
               is
               a
               French
               word
               ,
               and
               defalta
               is
               legally
               
               taken
               for
               non-appearance
               in
               Court.
               There
               ●●
               divers
               causes
               allowed
               by
               Law
               for
               saving
               men
               default
               ,
               as
            
             
               
                 1.
                 
                 By
                 Imprisonment
                 .
              
               
                 2.
                 
                 Inundation
                 of
                 Waters
                 .
              
               
                 3.
                 
                 A
                 Tempest
                 .
              
               
                 4.
                 
                 Minority
                 ,
                 but
                 sickness
                 is
                 no
                 cause
                 of
                 saving
                 a
                 default
                 ,
                 because
                 it
                 may
                 be
                 so
                 artificially
                 counterfeited
                 ,
                 that
                 it
                 cannot
                 be
                 known
                 .
                 
                   C●●atus
                   ad
                   locum
                   non
                   tutum
                   ,
                   non
                   arctatur
                   compare●
                   is
                   a
                   rule
                   in
                   the
                   Civil
                   Law
                   ,
                   as
                   if
                   the
                   Plague
                   to
                   there
                   .
                
              
            
          
           
             
               SE
               DEFENDENDO
            
             
               
                 Se
                 defendendo
              
               ,
               is
               not
               matter
               of
               justification
               ,
               because
               the
               Law
               intends
               it
               hath
               a
               commencement
               upon
               an
               unlawfull
               Case
               .
               For
               quarrels
               are
               not
               presumed
               to
               grow
               without
               some
               wrongs
               either
               in
               words
               or
               deeds
               ;
               therefore
               the
               Law
               putteth
               him
               
               to
               sue
               out
               his
               pardon
               of
               course
               ,
               and
               punisheth
               him
               by
               forfeiture
               of
               goods
               .
            
             
               If
               a
               man
               kill
               another
               in
               his
               own
               defence
               ,
               he
               shall
               not
               lose
               his
               life
               nor
               his
               Lands
               ,
               but
               he
               must
               
               lose
               his
               goods
               ,
               except
               the
               party
               slain
               did
               first
               ussault
               him
               ,
               to
               kill
               ,
               rob
               ,
               or
               trouble
               him
               by
               the
               High-way
               side
               ,
               or
               in
               his
               own
               house
               ,
               and
               then
               he
               shall
               lose
               nothing
               ▪
            
          
           
             
               DEFORCE
               .
            
             
               
                 Deforce
                 ,
                 deforciare
              
               is
               a
               word
               of
               Art
               ,
               and
               cannot
               be
               expressed
               by
               any
               other
               word
               ,
               for
               it
               signifieth
               
               to
               withhold
               Lands
               or
               Tenements
               from
               the
               right
               owner
               ,
               a
               de●oriom
               dissereth
               from
               a
               disseisor
               .
            
             
               
                 1.
                 
                 A
                 man
                 may
                 dis●cise
                 another
                 without
                 force
                 ,
                 which
                 Act
                 is
                 called
                 simple
                 Diss●isin
                 .
              
               
                 2.
                 
                 A
                 man
                 may
                 desorce
                 another
                 that
                 never
                 was
                 in
                 possession
                 .
              
            
          
           
             
               DEMAUNDANT
               .
            
             
               Demaundant
               ,
               is
               he
               which
               is
               Actor
               in
               a
               reall
               Action
               ,
               because
               he
               demandeth
               Lands
               .
               And
               Plaintiff
               ,
               que●ens
               in
               Actions
               personall
               and
               mixt
               
                 quia
                 queritur
                 de
                 injuria
                 ,
                 I'enant
                 ,
                 I'erens
                 ,
              
               in
               reall
               Actions
               ,
               and
               
                 defendant
                 desenden●
              
               in
               Actions
               personal
               and
               mixt
               .
            
          
           
             
               DEMAINES
               .
            
             
               Demaines
               ,
               according
               to
               the
               common
               speech
               ,
               are
               the
               Lords
               chief
               Mannor-place
               ,
               which
               he
               and
               his
               Ancestors
               have
               from
               time
               out
               of
               mind
               kept
               in
               their
               own
               hands
               ,
               and
               have
               occupied
               the
               same
               together
               with
               all
               buildings
               and
               houses
               whatsoever
               .
               
                 Dominicum
                 de
                 maire
              
               of
               the
               hand
               
                 i.
                 e.
              
               manured
               by
               the
               hand
               ,
               or
               received
               by
               the
               hand
               ,
               
                 Cook
                 on
                 Lit.
                 l.
              
               1.
               c.
               1.
               sect
               .
               10.
               
            
          
           
             
               DEMURRER
               .
            
             
               Demurrer
               ,
               cometh
               of
               the
               French
               word
               demeurer
               Lat.
               demorari
               to
               abide
               ,
               and
               therefore
               he
               which
               demurreth
               in
               Law
               ,
               abideth
               in
               Law
               ,
               moratur
               or
               
                 demoratur
                 in
                 lege
                 .
                 Minshew
                 .
                 Cook
                 on
                 Lit.
                 lib.
              
               2.
               cap.
               3
               sect
               .
               96.
               
            
          
           
             
               DENIZEN
               .
            
             
               Denizen
               ,
               quasi
               
                 deins
                 nee
              
               born
               within
               the
               Kings
               
               ligeance
               ,
               and
               thereupon
               in
               Latin
               called
               Iudigena
               ,
               or
               from
               
                 donaison
                 donatio
              
               ,
               because
               his
               freedom
               is
               given
               unto
               him
               by
               the
               King.
               
            
          
           
             
             
               DENIZATION
               .
            
             
               Denization
               is
               three-fold
               .
            
             
               
                 1.
                 
                 Absolute
                 ,
                 as
                 the
                 common
                 denizations
                 be
                 to
                 them
                 ,
                 and
                 their
                 heirs
                 without
                 any
                 limitation
                 or
                 restraint
                 .
              
               
                 2.
                 
                 Limited
                 ,
                 as
                 when
                 the
                 King
                 doth
                 grant
                 Letters
                 
                 of
                 his
                 denization
                 to
                 an
                 alien
                 ,
                 and
                 to
                 the
                 heirs
                 males
                 of
                 his
                 body
                 ,
                 or
                 to
                 an
                 alien
                 for
                 term
                 of
                 his
                 life
                 ,
                 for
                 
                   ●ujus
                   ●st
                   ●are
                   ,
                   ejus
                   est
                   disponere
                   ,
                
                 and
                 this
                 denization
                 of
                 an
                 alien
                 may
                 be
                 effected
                 three
                 manner
                 of
                 waies
                 ,
                 by
                 Parliament
                 ,
                 Letters
                 Patents
                 ,
                 and
                 conquest
                 ,
                 as
                 if
                 a
                 King
                 and
                 his
                 Subjects
                 should
                 conquer
                 another
                 Kingdom
                 as
                 well
                 
                   ante
                   nati
                
                 as
                 
                   p●st
                   nati
                
                 ,
                 as
                 well
                 they
                 which
                 sought
                 in
                 the
                 field
                 ,
                 as
                 they
                 which
                 remained
                 at
                 home
                 ,
                 are
                 all
                 Denizens
                 of
                 the
                 Kingdom
                 conquered
                 .
              
            
          
           
             
               DEODAND
               .
            
             
               Deodand
               ,
               is
               when
               any
               man
               by
               misfortune
               is
               
               slain
               by
               a
               Horse
               or
               by
               a
               Cart
               ▪
               or
               by
               another
               thing
               that
               moveth
               to
               further
               the
               death
               ,
               then
               the
               thing
               that
               is
               cause
               of
               his
               death
               ,
               and
               which
               at
               the
               time
               of
               his
               misfortune
               did
               move
               ,
               shall
               be
               forfeit
               to
               the
               King
               ,
               and
               that
               is
               called
               Deodand
               ,
               and
               pertains
               to
               the
               Kings
               Almoner
               ,
               for
               to
               dispose
               in
               Alms
               
               and
               Deeds
               of
               Charity
               .
            
             
               If
               a
               man
               killeth
               another
               with
               my
               Sword
               ,
               it
               shall
               be
               forfeit
               as
               a
               Deodand
               ,
               for
               it
               shall
               be
               adjudged
               my
               ●ault
               ,
               that
               I
               did
               not
               keep
               my
               weapon
               from
               him
               ,
               
                 Dr.
                 and
                 Student
                 .
                 Omnia
                 quae
                 moven●
                 ad
                 mortem
                 ,
                 sunt
                 Deo
                 danda
                 .
                 Cook
                 l.
              
               5.
               
               
                 Foxleys
                 Case
              
               .
            
             
               This
               Law
               concerning
               Deodands
               ,
               is
               grounded
               upon
               the
               Law
               of
               God
               ,
               Exo.
               2.
               28.
               
            
          
           
             
             
               DERAIGNE
               .
            
             
               Deraigne
               ,
               cometh
               of
               the
               French
               word
               derayer
               ,
               
               or
               
                 deraigner
                 ,
                 i.
                 e.
              
               to
               displace
               ,
               or
               to
               turn
               out
               of
               his
               order
               ,
               and
               hereof
               cometh
               deraignment
               ,
               a
               displacing
               ,
               or
               turning
               out
               of
               his
               order
               .
               So
               when
               a
               monk
               is
               deraigned
               ,
               he
               is
               degraded
               and
               turned
               out
               of
               his
               order
               of
               Religion
               ,
               and
               become
               a
               Lay
               man.
               
            
          
           
             
               DETINUE
               .
            
             
               Detinue
               ,
               is
               a
               W●it
               that
               lyeth
               against
               him
               who
               having
               goods
               and
               cha●tels
               delivered
               to
               him
               to
               keep
               ,
               refuseth
               to
               deliver
               them
               again
               .
            
             
               Upon
               generall
               acceptance
               of
               goods
               to
               keep
               or
               to
               
               keep
               safely
               ,
               if
               the
               goods
               be
               stolen
               or
               otherwise
               perish
               ,
               the
               ●a●li
               .
               For
               he
               that
               accepts
               them
               shall
               answer
               for
               them
               .
               ●therwise
               it
               is
               ,
               if
               he
               take
               them
               upon
               speciall
               accep●an●e
               ,
               to
               keep
               them
               as
               his
               own
               goods
               .
            
          
           
             
               DEVISE
               .
            
             
               Devise
               ,
               cometh
               from
               the
               French
               word
               diviser
               ,
               
               
                 id
                 est
                 disperti●i
              
               ,
               because
               those
               Lands
               or
               Goods
               which
               appertain
               to
               the
               Divisee
               ,
               are
               distributed
               into
               many
               parts
               ,
               wherefore
               it
               is
               better
               written
               divise
               then
               devise
               ,
               or
               else
               it
               may
               be
               derived
               from
               the
               
               French
               word
               devise●
               ,
               i.
               e.
               
                 sermo●ina●i
                 ,
                 consabulari
              
               ,
               so
               as
               
                 deviser
                 person
                 testament
              
               ,
               is
               to
               speak
               by
               his
               testament
               what
               his
               mind
               is
               to
               have
               done
               after
               his
               decease
               .
               
               If
               lands
               be
               devised
               to
               a
               man
               to
               have
               to
               him
               
                 in
                 perpetuum
              
               or
               to
               him
               and
               his
               a●ligns
               for
               ever
               ;
               in
               these
               two
               cases
               the
               devisee
               shall
               have
               a
               Fee-simple
               :
               Perkins
               holds
               he
               hath
               only
               an
               Estate
               for
               the
               term
               of
               his
               life
               ,
               for
               these
               words
               (
               for
               ever
               )
               saith
               he
               ,
               can
               extend
               to
               none
               other
               then
               the
               devisee
               ,
               because
               no
               more
               persons
               be
               named
               in
               the
               devise
               ,
               and
               the
               life
               of
               man
               in
               this
               respect
               is
               said
               to
               be
               for
               ever
               with
               him
               .
               But
               Sir
               
                 Edward
                 Cook
              
               determines
               i●
               ,
               that
               
               a
               Fee-simple
               doth
               pass
               by
               the
               intent
               of
               the
               Devisor
               ,
               but
               if
               the
               devise
               be
               to
               a
               man
               ,
               and
               his
               Assigns
               
               without
               saying
               (
               for
               ever
               )
               the
               Devisee
               hath
               but
               an
               estate
               for
               life
               .
            
             
               If
               a
               man
               devise
               I
               and
               to
               one
               
                 ●
                 sanguini
                 s●●
              
               ,
               that
               is
               a
               Fee-simple
               ,
               but
               if
               it
               be
               
                 semin●
                 su●
              
               ,
               it
               is
               an
               estate
               ●ail
               .
            
             
               If
               a
               man
               devise
               an
               house
               furnished
               ,
               the
               houshold
               
               stuff
               passeth
               ,
               but
               not
               the
               wine
               that
               is
               within
               the
               house
               ,
               because
               by
               common
               intendment
               a
               house
               is
               not
               furnished
               by
               Wine
               .
            
             
               By
               the
               Common
               Law
               ,
               if
               a
               man
               devise
               the
               third
               part
               of
               his
               g●●ds
               to
               his
               Wife
               ,
               it
               shall
               be
               
               so
               rated
               as
               they
               were
               at
               the
               time
               or
               the
               dea●●
               of
               the
               Testator
               ,
               though
               a
               man
               may
               not
               gran●●r
               give
               Lands
               to
               his
               Wife
               during
               the
               cove●●●re
               ,
               because
               they
               are
               but
               one
               person
               in
               Law
               ;
               yet
               he
               may
               devise
               his
               Lands
               to
               his
               Wife
               ,
               to
               have
               in
               Fee-simple
               ,
               
               or
               otherwise
               ,
               because
               such
               device
               taketh
               no
               effect
               till
               the
               death
               of
               the
               Devisor
               ,
               and
               then
               they
               are
               not
               one
               person
               .
            
             
               The
               intent
               of
               the
               Devisor
               shall
               be
               observed
               for
               he
               shall
               be
               accounted
               
                 in●ps
                 consilii
              
               ,
               because
               
               that
               wills
               are
               most
               often
               made
               when
               men
               l
               〈…〉
               extremity
               and
               want
               counsell
               .
               If
               a
               man
               make
               divers
               wills
               and
               Testaments
               ,
               yet
               the
               last
               Device
               and
               Will
               made
               by
               him
               shall
               stand
               ,
               and
               the
               other
               are
               void
               .
            
             
               If
               a
               man
               of
               sound
               memory
               make
               two
               Testaments
               ,
               
               viz.
               one
               Testament
               in
               the
               sixth
               year
               of
               our
               Lord
               the
               King
               which
               now
               is
               ,
               and
               the
               other
               Testament
               in
               the
               eighth
               year
               of
               the
               same
               King
               ,
               and
               after
               the
               Testator
               languishing
               in
               his
               bed
               ,
               and
               being
               dumb
               ,
               one
               man
               in
               the
               presence
               of
               his
               other
               
               neighbours
               delivers
               him
               both
               the
               Testaments
               ,
               and
               ●e
               takes
               them
               in
               his
               hand
               ,
               and
               the
               other
               saith
               unto
               him
               ,
               Re-deliver
               unto
               us
               that
               Testament
               which
               now
               you
               will
               shall
               stand
               ,
               and
               be
               your
               last
               Will
               ▪
               and
               he
               delivers
               the
               Testament
               with
               the
               former
               
               date
               ,
               and
               retaineth
               the
               other
               with
               him
               ,
               now
               the
               Testament
               which
               is
               delivered
               shall
               stand
               ,
               notwithstanding
               it
               hath
               the
               former
               date
               ,
               and
               was
               written
               before
               the
               other
               .
            
             
               If
               one
               devise
               to
               an
               Infant
               in
               his
               Mothers
               belly
               it
               is
               a
               good
               device
               ,
               otherwise
               it
               is
               by
               feossement
               ,
               
               g●ant
               or
               gift
               ,
               for
               in
               these
               Cases
               there
               ought
               to
               be
               one
               of
               ability
               to
               take
               presently
               ,
               or
               other
               wise
               it
               is
               void
               ▪
            
             
               If
               a
               man
               devise
               Land
               in
               certainty
               ,
               as
               the
               mannour
               of
               Dase
               or
               
                 white
                 A●re
              
               ,
               and
               he
               hath
               no
               interest
               nor
               p●ssession
               in
               them
               at
               the
               time
               of
               the
               making
               the
               Will
               ,
               and
               after
               the
               Devisor
               doth
               purchase
               it
               ,
               in
               such
               Case
               it
               shall
               pass
               to
               the
               Devisee
               ,
               for
               then
               it
               shall
               be
               taken
               that
               his
               intent
               was
               to
               purchase
               it
               ,
               as
               it
               is
               said
               ,
               ●●
               H.
               ●
               .
               1●
               .
            
             
               The
               Device
               of
               Tenant
               for
               term
               of
               life
               or
               Tenant
               in
               dower
               o●
               corn
               growing
               at
               the
               time
               of
               their
               death
               is
               good
               .
            
             
               If
               a
               man
               be
               seised
               of
               a
               house
               ,
               and
               possessed
               of
               
               divers
               heirlooms
               ,
               that
               by
               Custom
               have
               gone
               with
               the
               house
               from
               Heir
               to
               Heir
               ,
               and
               by
               his
               Will
               deviseth
               away
               the
               heirlooms
               ,
               this
               device
               is
               void
               ,
               for
               the
               Will
               taketh
               effect
               after
               his
               death
               ,
               and
               by
               his
               death
               the
               heirlooms
               by
               antient
               custom
               are
               vested
               in
               the
               Heir
               ,
               and
               the
               Law
               preferreth
               the
               custom
               before
               the
               Device
               .
            
             
               So
               if
               the
               Lord
               ought
               to
               have
               a
               Herriot
               when
               his
               Tenant
               dieth
               ,
               and
               the
               Tenant
               deviseth
               away
               all
               his
               good
               ,
               yet
               the
               Lord
               shall
               have
               his
               Herriot
               for
               the
               reason
               aforesaid
               .
            
          
           
             
               DEVIT
               .
            
             
               Devit
               ,
               in
               Latin
               Ius
               ,
               in
               English
               Right
               ,
               it
               is
               found
               in
               the
               Law
               six
               manner
               of
               waies
               ,
               viz.
               
            
             
               
                 1.
                 
                 Ius
                 recuperandi
                 .
              
               
                 2.
                 
                 Ius
                 Intrandi
                 .
              
               
                 
                 3.
                 
                 Ius
                 habendi
                 .
              
               
                 4.
                 
                 Ius
                 retinendi
                 .
              
               
                 5.
                 
                 Ius
                 recipiendi
                 .
              
               
                 6.
                 
                 Ius
                 possidendi
                 .
              
            
             
               All
               these
               severall
               sort●
               of
               Rights
               following
               the
               relations
               of
               their
               objects
               are
               the
               effects
               of
               Civil
               Law.
               
            
          
           
             
               DISCRETION
               .
            
             
               Discretion
               ,
               is
               a
               knowledg
               or
               understanding
               to
               discern
               between
               fal●hood
               and
               truth
               ,
               right
               and
               wrong
               ,
               shadows
               and
               substance
               ,
               equity
               and
               colourable
               
               pretences
               ,
               and
               not
               to
               do
               according
               to
               their
               wills
               and
               private
               affections
               ,
               for
               as
               one
               ●aith
               ,
               
                 Valu
                 discretio
                 discretionem
                 confundit
              
               .
            
          
           
             
               DISCONTINUANCE
               .
            
             
               Discontinuance
               ,
               is
               a
               word
               compounded
               of
               de
               
               and
               continuo
               ,
               for
               continuare
               is
               to
               continue
               without
               intermission
               .
               Now
               by
               addition
               of
               de
               (
               
                 Eup●●●i●
                 gratie
                 dis
              
               to
               it
               )
               which
               is
               privative
               ,
               it
               signifieth
               an
               intermission
               .
            
          
           
             
               DISPARAGEMENT
               .
            
             
               Disparagement
               ,
               is
               a
               shame
               ,
               disgrace
               ,
               or
               villany
               done
               by
               the
               Guardian
               in
               Chivalry
               ,
               to
               his
               ward
               in
               Chivalry
               ,
               being
               within
               age
               by
               reason
               of
               his
               marriage
               .
               Of
               such
               disparagements
               there
               be
               four
               
               kinds
               .
            
             
               The
               first
               ,
               
                 Propter
                 vitium
                 animi
              
               ,
               as
               an
               ideot
               
                 non
                 composmentis
              
               ,
               a
               Lunatick
               :
            
             
               The
               second
               ,
               
                 Propter
                 vitium
                 sanguinis
              
               ,
               as
            
             
               
                 1.
                 
                 A
                 Vill●●
                 .
              
               
                 2.
                 
                 Burg●nsis
                 ,
                 a
                 man
                 of
                 trade
                 ,
                 as
                 an
                 Haberdasher
                 ,
                 or
                 Draper
                 ,
                 this
                 agreeth
                 with
                 the
                 Civil
                 Law
                 ,
                 
                   Patricii
                   cum
                   Plebe
                   matrim●nia
                   ne
                   contrahant
                   .
                
              
               
                 3.
                 
                 The
                 Son
                 or
                 Daughter
                 of
                 a
                 person
                 attainted
                 of
                 
                 treason
                 ,
                 or
                 felony
                 ,
                 albeit
                 pardoned
                 ,
                 for
                 the
                 blood
                 is
                 corrupted
                 .
              
               
                 
                 4.
                 
                 An
                 alien
                 or
                 child
                 of
                 an
                 alien
                 .
              
            
             
               The
               third
               ,
               
                 Propter
                 vitium
                 corporis
              
               ,
               as
            
             
               
                 1.
                 
                 
                   De
                   membris
                
                 ,
                 having
                 but
                 one
                 hand
                 ,
                 one
                 eye
                 .
              
               
                 2.
                 
                 Desormity
                 ,
                 as
                 to
                 look
                 a
                 squint
                 ,
                 a
                 c●ipple
                 ,
                 halt
                 ,
                 lame
                 ,
                 dec●epit
                 ,
                 crooked
                 .
              
               
                 3.
                 
                 Privation
                 ,
                 as
                 blind
                 ,
                 deaf
                 ,
                 dumb
                 .
              
               
                 4.
                 
                 A
                 horrible
                 disease
                 ,
                 as
                 leprosie
                 ,
                 pal●●e
                 ,
                 dropsie
                 .
              
               
                 5.
                 
                 Great
                 and
                 continual
                 infirmities
                 ,
                 as
                 a
                 consumption
                 .
              
               
                 6.
                 
                 Impotency
                 to
                 have
                 a
                 child
                 in
                 respect
                 of
                 age
                 ,
                 tender
                 years
                 ,
                 or
                 for
                 natural
                 disability
                 .
              
               
                 7.
                 
                 De●owred
                 .
              
            
             
               The
               fourth
               kind
               of
               disparagement
               was
               
                 propter
                 ●a●●●ram
                 privilegii
              
               ,
               a●●o
               marry
               the
               heir
               to
               a
               widow
               ,
               whereby
               he
               should
               by
               reason
               of
               the
               bigamy
               have
               lost
               the
               benefit
               of
               his
               Clergy
               whereby
               he
               might
               save
               his
               life
               ,
               but
               now
               this
               is
               taken
               away
               by
               the
               Sta●u●e
               ,
               it
               must
               be
               
                 competens
                 maritagium
                 abs●ue
                 disparagatione
              
               .
            
          
           
             
               DISSEISIN
               .
            
             
               Disseisin
               ,
               is
               a
               wrongfull
               putting
               out
               of
               him
               that
               
               is
               actually
               seised
               of
               a
               Freehold
               .
               All
               lawfull
               acts
               which
               a
               disseisor
               or
               abator
               doth
               is
               good
               ,
               and
               therefore
               i●a
               disseisor
               or
               abator
               in
               low
               a
               ●●●●●
               which
               hath
               title
               of
               Dower
               ,
               this
               is
               good
               and
               shall
               bind
               the
               disseisee
               .
            
          
           
             
               DISTRESS
               .
            
             
               Distress
               ,
               is
               a
               French
               word
               ,
               in
               Latin
               it
               is
               caled
               
                 districtio
                 ,
                 sive
                 angustia
              
               ,
               because
               the
               cattel
               distreined
               
               are
               put
               into
               a
               streight
               which
               we
               call
               a
               Pound
               .
               It
               is
               a
               maxime
               in
               the
               Law
               ,
               that
               no
               distress
               can
               be
               taken
               for
               any
               services
               that
               are
               not
               put
               into
               certainty
               ,
               as
               a
               man
               may
               hold
               of
               his
               Lord
               to
               shear
               all
               the
               Sheep
               depasturing
               within
               the
               Lords
               Mannor
               ,
               and
               this
               is
               certain
               enough
               ,
               albeit
               the
               Lord
               hath
               sometime●
               a
               greater
               number
               ,
               and
               sometimes
               
               a
               lesser
               number
               there
               ,
               and
               yet
               this
               incertainty
               being
               referred
               to
               the
               Mannor
               which
               is
               retained
               ,
               the
               Lord
               may
               distrein
               for
               this
               uncertainty
               .
            
             
               One
               may
               distrein
               any
               where
               
                 intra
                 ●●●●um
              
               ,
               so
               that
               it
               be
               not
               in
               the
               High-way
               nor
               Church-yard
               .
               
            
             
               A
               distress
               must
               be
               ,
            
             
               
                 1.
                 
                 Of
                 a
                 thing
                 ,
                 whereof
                 a
                 valuable
                 property
                 is
                 in
                 some
                 body
                 ,
                 and
                 therefore
                 Dogs
                 ,
                 Bucks
                 ,
                 Conie●
                 ,
                 and
                 the
                 like
                 that
                 are
                 
                   ferae
                   naturae
                
                 cannot
                 be
                 distreined
                 .
              
               
                 2.
                 
                 Although
                 it
                 be
                 of
                 valuable
                 property
                 as
                 a
                 
                 horse
                 ,
                 (
                 yet
                 when
                 a
                 man
                 or
                 woman
                 is
                 riding
                 on
                 him
                 )
                 or
                 an
                 Ax
                 in
                 a
                 mans
                 hand
                 cutting
                 of
                 wood
                 and
                 the
                 like
                 ,
                 they
                 are
                 for
                 that
                 time
                 priviledged
                 ,
                 and
                 cannot
                 be
                 distreined
                 .
              
               
                 3.
                 
                 Valuable
                 things
                 shall
                 not
                 be
                 distreined
                 for
                 Rent
                 ,
                 for
                 benefit
                 and
                 maintenance
                 of
                 Trades
                 ▪
                 which
                 by
                 consequent
                 are
                 for
                 the
                 Common-wealth
                 and
                 are
                 thereby
                 Authority
                 of
                 Law
                 ,
                 as
                 a
                 horse
                 in
                 a
                 Smiths
                 Shop
                 shall
                 not
                 be
                 distreined
                 for
                 the
                 rent
                 ●●●ing
                 out
                 of
                 the
                 shop
                 ,
                 nor
                 the
                 horse
                 in
                 the
                 Hos●ry
                 nor
                 the
                 materials
                 in
                 a
                 Weavers
                 Shop
                 for
                 making
                 of
                 cloth
                 ,
                 nor
                 cloth
                 or
                 Garments
                 in
                 a
                 Taylors
                 Shop
                 ,
                 nor
                 sacks
                 of
                 Corn
                 or
                 Meal
                 in
                 a
                 Mill
                 ,
                 nor
                 in
                 a
                 market
                 ,
                 nor
                 any
                 thing
                 distreined
                 for
                 
                   dammage
                   feasant
                
                 ,
                 for
                 it
                 is
                 in
                 the
                 custody
                 of
                 the
                 Law.
                 
              
               
                 4.
                 
                 Nothing
                 shall
                 be
                 distreined
                 for
                 rent
                 that
                 cannot
                 be
                 rendred
                 again
                 in
                 as
                 good
                 plight
                 ,
                 as
                 it
                 was
                 at
                 the
                 time
                 of
                 the
                 distress
                 taken
                 ,
                 as
                 Sheaves
                 or
                 Shocks
                 of
                 Corn
                 cannot
                 be
                 distreined
                 for
                 rent
                 ,
                 but
                 for
                 
                   dammage
                   feasant
                
                 they
                 may
                 .
                 But
                 Carts
                 with
                 Corn
                 may
                 be
                 distreined
                 for
                 rent
                 ,
                 for
                 they
                 may
                 be
                 safely
                 restored
                 .
              
               
                 5.
                 
                 Beasts
                 belonging
                 to
                 the
                 Plow
                 
                   averia
                   carucae
                
                 shall
                 not
                 be
                 distreined
                 ,
                 for
                 no
                 man
                 shall
                 be
                 distreined
                 by
                 the
                 Instruments
                 of
                 his
                 Trade
                 or
                 profession
                 ,
                 
                 as
                 the
                 Ax
                 of
                 a
                 Carpenter
                 ,
                 or
                 the
                 Books
                 of
                 a
                 Scholar
                 ,
                 but
                 goods
                 or
                 
                   animalia
                   ●●iosa
                
                 may
                 be
                 〈…〉
                 .
                 If
                 the
                 distress
                 be
                 of
                 utensils
                 of
                 houshold
                 or
                 such
                 like
                 dead
                 goods
                 ,
                 which
                 may
                 take
                 harm
                 by
                 wet
                 or
                 weather
                 ,
                 or
                 be
                 stolen
                 away
                 ,
                 th●●e
                 he
                 must
                 〈◊〉
                 them
                 in
                 a
                 house
                 or
                 other
                 Pound
                 covert
                 〈…〉
                 in
                 the
                 same
                 〈◊〉
                 ▪
              
               
                 ●
                 ▪
                 Furnaces
                 ,
                 Cauldrons
                 or
                 the
                 like
                 fi●●ed
                 to
                 the
                 Freehold
                 ,
                 or
                 the
                 doors
                 or
                 windows
                 of
                 a
                 house
                 ,
                 or
                 the
                 like
                 ,
                 cannot
                 be
                 distreined
                 .
              
               
                 ●
                 .
                 Beasts
                 that
                 escape
                 may
                 be
                 distreined
                 for
                 rent
                 ,
                 though
                 they
                 have
                 not
                 been
                 l●vant
                 and
                 cou●●●●nt
                 ,
                 he
                 that
                 d●streins
                 any
                 thing
                 that
                 hath
                 life
                 must
                 impound
                 them
                 in
                 a
                 lawfull
                 pound
                 within
                 three
                 miles
                 in
                 the
                 same
                 County
                 .
              
            
             
               The
               Common
               Law
               is
               ,
               men
               cannot
               distrein
               for
               
               rent
               or
               service
               in
               the
               night
               ,
               as
               is
               adiudged
               in
               the
               12
               of
               ●
               .
               ●
               .
               ●●●
               .
               distress
               ,
               but
               for
               
                 dammage
                 seasant
              
               he
               may
               distrein
               in
               the
               night
               for
               necessity
               of
               the
               Case
               ,
               for
               otherwise
               peradventure
               he
               shall
               not
               distrein
               〈◊〉
               ,
               for
               before
               the
               day
               they
               may
               be
               taken
               or
               s●ay
               out
               of
               his
               Land.
               
            
             
               A
               grand
               distress
               is
               that
               which
               is
               made
               of
               all
               the
               goods
               and
               Chattels
               which
               the
               Party
               hath
               within
               the
               County
               .
            
          
           
             
               DIVORCE
               .
            
             
               Divorce
               ,
               is
               so
               called
               either
               
                 a
                 diversa
                 ●●●
                 mentium
              
               of
               the
               diversity
               of
               minds
               of
               those
               that
               are
               married
               ,
               
               because
               such
               as
               are
               divorced
               ,
               go
               one
               a
               diverse
               way
               ●rom
               the
               other
               ,
               or
               from
               the
               verb
               divert
               which
               signifieth
               to
               return
               back
               because
               after
               the
               Divorce
               between
               the
               Husband
               and
               the
               Wife
               ,
               he
               returneth
               her
               again
               to
               her
               Father
               or
               other
               Friends
               ,
               or
               to
               the
               place
               from
               whence
               he
               had
               her
               .
            
             
               There
               are
               di●ers
               causes
               for
               which
               the
               Husband
               and
               the
               Wife
               may
               be
               divorced
               .
            
             
               
               
                 1.
                 
                 
                   Causa
                   praecontractus
                
                 ,
                 therefore
                 if
                 a
                 man
                 marry
                 wish
                 a
                 woman
                 precon●●a●te●
                 and
                 hath
                 issue
                 b●
                 her
                 ,
                 
                 this
                 issue
                 in
                 Law
                 ,
                 and
                 in
                 truth
                 bears
                 the
                 sirname
                 of
                 his
                 Father
                 :
                 but
                 i●
                 after
                 the
                 Husband
                 and
                 the
                 Wife
                 be
                 divorced
                 for
                 the
                 pre-contra●t
                 ,
                 there
                 the
                 issue
                 hath
                 lost
                 his
                 sirname
                 ,
                 and
                 it
                 become
                 a
                 Bastard
                 
                   &
                   nullius
                   fi●u●s
                
                 .
              
               
                 2.
                 
                 
                   Causa
                   frigiditatis
                
                 ,
                 therefore
                 if
                 a
                 man
                 be
                 maried
                 to
                 a
                 woman
                 ,
                 and
                 after
                 the●
                 are
                 divorced
                 
                   causa
                   frigiditatis
                
                 ,
                 and
                 then
                 the
                 m●n
                 ta●●●●
                 another
                 Wife
                 ,
                 and
                 hath
                 issue
                 by
                 her
                 ,
                 ye●
                 his
                 〈…〉
                 lawfull
                 ,
                 because
                 that
                 a
                 man
                 may
                 be
                 
                   habi●●●
                   &
                   〈…〉
                   diversis
                   temporibus
                   .
                   S●mp●●
                   p●esu●nt●r
                   p●●●le
                   ▪
                   〈…〉
                   tione
                   ●ili●rum
                   &
                   ●iliatio
                   n●●●●●st
                   〈…〉
                   .
                
              
               
                 3.
                 
                 
                   Causa
                   impubert●●●s
                
                 ,
                 or
                 
                   m
                   〈…〉
                   s
                   statis
                
                 ,
                 and
                 ●●
                 this
                 ca●e
                 if
                 two
                 be
                 married
                 〈…〉
                 ,
                 and
                 after
                 the
                 full
                 age
                 divorce
                 is
                 had
                 between
                 them
                 th●s
                 dissolves
                 the
                 marriage
                 .
              
            
             
               Divorce
               is
               two-fold
               .
            
             
               
                 1.
                 
                 
                   A
                   vinculo
                   matrim●nti
                   ,
                   causa
                   praecontract●●
                   ,
                   causa
                   metus
                   ,
                   causa
                   imp●t●mi●
                   seu
                   frig●ditatis
                   ,
                
                 
                 
                   causa
                   a●finitatis
                   seu
                   consanguin●tatis
                
                 :
                 all
                 which
                 are
                 causes
                 of
                 divorce
                 preceding
                 the
                 marriage
                 .
              
               
                 2.
                 
                 
                   A
                   mensa
                   &
                   th●r●
                
                 ,
                 as
                 
                   causa
                   adulterii
                
                 ,
                 which
                 dissolves
                 not
                 the
                 ma●riage
                 
                   a
                   vincul●
                   matrimonii
                
                 ,
                 nor
                 bars
                 the
                 Wise
                 of
                 dower
                 ,
                 for
                 it
                 is
                 subsequent
                 to
                 the
                 ▪
                 marriage
                 .
              
            
          
           
             
               DOMINICUM
               .
            
             
               Dominicum
               ,
               is
               a
               word
               sorensale
               of
               many
               significations
               ,
               amongst
               the
               French
               is
               called
               Domaniam
               ,
               amongst
               the
               Italians
               demanium
               ,
               and
               here
               with
               us
               demaine
               ,
               which
               some
               erroneously
               call
               demeane
               or
               demesne
               ,
               as
               if
               it
               came
               of
               the
               French
               word
               demesne
               ,
               i.
               e.
               
                 sui
                 ipsius
                 proprium
              
               ,
               and
               not
               of
               the
               Latin
               word
               Dominicum
               .
            
             
               Dominicum
               ,
               saith
               
                 Bracton
                 ,
                 accipitur
                 multiplicit●●
              
               .
               
               
                 Est
                 autem
                 dominicum
                 quod
                 quis
                 habet
                 ad
              
               
               
                 ●inensam
                 :
                 &
                 proprie
                 sunt
              
               Boardlands
               Anglice
               i.
               e.
               
                 dominicum
                 ad
                 men●am
              
               ,
               and
               are
               such
               lands
               which
               are
               properly
               cultivated
               for
               the
               maintenance
               of
               the
               Family
               ,
               as
               the
               demaines
               of
               a
               Mannor
               ,
               &c.
               and
               it
               is
               of
               the
               like
               signification
               amongst
               the
               French
               ,
               as
               appears
               by
               
                 ●●●ppinus
                 lib.
              
               1.
               ●it
               .
               1.
               
               ●
               .
               ●
               .
               
                 ●●●●manio
                 regis
                 .
                 Prim●●
                 (
                 inquit
                 )
                 S●eptris
                 ad●ictum
                 ●uerit
                 in
                 necessarios
                 Regiae
                 mensa
                 aulaeque
                 ●●mptus
                 .
              
            
             
               Dominicum
               is
               sometime●
               taken
               
                 pro
                 terris
                 in
                 vill●●●●ium
                 con●essis
              
               as
               
                 Bracton
                 ibidem
                 ,
                 item
                 dicitur
                 vill●●●●●ium
                 ,
                 quod
                 ●ra●itur
                 ●●llanis
                 ,
                 quod
                 quis
                 temp●stivè
                 &
                 intempesti●è
                 resumere
                 possit
                 pro
                 voluntate
                 sua
                 &
                 〈…〉
                 .
              
            
             
               Dominicum
               is
               sometime●
               taken
               
                 pro
                 libero
                 tenemento
              
               ,
               and
               this
               accptation
               ,
               as
               saith
               Bracton
               ,
               is
               threefold
               ,
               viz.
               
            
             
               
                 1.
                 
                 Cum
                 quis
                 habet
                 liberum
                 tenementum
                 ,
                 &
                 alius
                 usum
                 fructum
                 .
              
               
                 2.
                 
                 Cum
                 quis
                 habet
                 liberum
                 tenementum
                 ,
                 &
                 alius
                 custodiam
                 .
              
               
                 3.
                 
                 Cum
                 quis
                 habet
                 liberum
                 tenementum
                 ,
                 &
                 alius
                 curam
                 .
              
            
             
               Dominicum
               generally
               (
               as
               saith
               Bracton
               )
               is
               when
               a
               man
               hath
               Lands
               in
               see
               to
               him
               and
               his
               heirs
               or
               to
               him
               and
               his
               successors
               .
            
             
               
                 In
                 Dominico
                 sei●i●us
              
               is
               when
               a
               man
               hath
               Lands
               or
               tenements
               for
               life
               at
               the
               least
               ,
               
                 Ita
                 quod
                 Assisum
                 novae
                 deseismae
                 habere
                 possit
                 si
                 ejectus
                 fuerit
                 .
              
            
             
               
                 Dominicum
                 Bannum
              
               is
               a
               proclamation
               or
               edict
               by
               the
               King.
               
            
          
           
             
               DOOMES-DAY
               .
               
            
             
               Doomes-day
               ,
               Book
               is
               so
               called
               ,
               because
               (
               as
               
                 Matthew
                 Paris
              
               saith
               )
               it
               spared
               no
               man
               ,
               but
               judged
               
               all
               men
               indifferently
               ,
               as
               the
               Lord
               in
               th●●●●●●
               d●
               will
               do
               ▪
            
             
               
                 Liber
                 ●u
                 〈…〉
                 ,
                 quem
                 librum
                 librum
                 〈…〉
                 lem
                 ,
              
               
               
                 Anglis
                 ●●●ti●m
                 ,
                 Angliae
                 〈…〉
                 ▪
                 c●●●●ales
                 ,
                 act●
                 publica
                 &
                 Angliae
                 ●ust●um
                 〈…〉
                 nare
              
               
               placet
               .
            
          
           
             
               DOWER
               .
            
             
               Dowe●
               ,
               in
               the
               Common
               Law
               ,
               is
               taken
               for
               th●
               
               portion
               of
               Lands
               or
               Tenements
               ,
               which
               the
               W●●
               hath
               for
               term
               of
               her
               life
               of
               the
               Lands
               or
               Tenemen●●
               of
               her
               Husbands
               after
               his
               decease
               ,
               for
               the
               sustenan●●
               of
               her self
               ,
               and
               the
               nurture
               and
               education
               of
               her
               Children
               .
            
             
               Dower
               is
               of
               five
               sorts
               or
               kinds
               ,
               vix
               .
            
             
               
                 
                   1.
                   
                   Dower
                
                 per
                 legem
                 communem
                 .
              
               
                 
                   2.
                   
                   Dower
                
                 per
                 consuetudinem
                 .
              
               
                 
                   3.
                   
                   Dower
                
                 ,
                 ex
                 assensu
                 patris
                 .
              
               
                 
                   4.
                   
                   Dower
                
                 ad
                 ostium
                 Ecclesiae
                 .
              
               
                 
                   5.
                   
                   Dower
                
                 de
                 la
                 plus
                 baile
                 .
              
            
             
               To
               the
               consummation
               of
               Dower
               three
               things
               a●●
               necessary
               ,
               viz.
               marriage
               seisin
               ,
               and
               the
               death
               〈…〉
               her
               Husband
               .
               
                 Id.
                 ib.
                 &
              
               Binghams
               Case
               2
               R●●
               
               
                 U●i
                 nullum
                 matrimonium
                 ,
                 nulla
                 dos
                 .
              
               
            
             
               Of
               a
               Castle
               that
               is
               maintained
               for
               the
               necessary
               de●e●●e
               of
               the
               Realm
               ,
               a
               woman
               shall
               not
               be
               indowed
               ,
               because
               it
               ought
               not
               to
               be
               divided
               ,
               and
               the
               publick
               shall
               be
               pre●●●●ed
               before
               the
               private
               ▪
               ●●●●
               o●
               a
               Castle
               that
               is
               only
               maintained
               for
               the
               pri●●●e
               use
               and
               habitation
               o●
               the
               owner
               ,
               a
               woman
               shall
               be
               endowed
               .
            
             
               A
               woman
               may
               be
               endowed
               of
               the
               third
               part
               of
               〈…〉
               of
               a
               Dove
               house
               ,
               of
               the
               third
               part
               of
               a
               pi●●a●y
               ▪
               
                 viz.
                 te●●●●
                 piscem
                 ,
                 ●el
                 jactum
                 retis
                 ●ertium
                 .
              
               The
               ●●●est
               endowment
               of
               Tythes
               ,
               is
               of
               the
               thi●d
               Shea●
               ,
               for
               what
               Land
               shall
               be
               sown
               is
               uncertain
               .
            
             
               If
               the
               Wife
               be
               past
               the
               age
               of
               nine
               years
               at
               the
               death
               of
               her
               Husband
               ,
               she
               shall
               be
               endowed
               of
               what
               age
               soever
               her
               Husband
               be
               ,
               albeit
               he
               were
               but
               four
               years
               old
               ,
               for
               
                 consensus
                 ,
                 non
                 concubitus
                 facit
                 matrimonium
                 ,
              
               and
               a
               Woman
               cannot
               consent
               before
               twelve
               ,
               nor
               a
               man
               before
               fourteen
               ,
               yet
               this
               inchoate
               ,
               and
               imperfect
               marriage
               (
               from
               the
               which
               either
               of
               the
               Parties
               at
               the
               age
               of
               consent
               may
               disagree
               )
               after
               the
               death
               of
               the
               Husband
               shall
               give
               dower
               to
               the
               Wife
               ,
               and
               therefore
               it
               is
               accounted
               in
               Law
               after
               the
               death
               of
               the
               Husband
               ,
               
                 legitimum
                 matrimonium
              
               a
               lawfull
               marriage
               ,
               
                 quoad
                 d●tem
              
               .
               If
               a
               man
               taketh
               a
               Wife
               of
               the
               age
               of
               seven
               years
               ,
               and
               after
               alien
               his
               Land
               ,
               and
               after
               alienation
               the
               Wife
               attaineth
               to
               the
               age
               of
               nine
               years
               ,
               and
               after
               the
               Husband
               dieth
               ,
               the
               Wife
               shall
               be
               indowed
               ,
               for
               albeit
               she
               was
               not
               absolutely
               dowable
               at
               the
               time
               of
               the
               marriage
               ,
               
               yet
               she
               was
               conditionally
               dowable
               ,
               vir
               .
               she
               a●tained
               to
               the
               age
               of
               9
               years
               ,
               before
               the
               death
               of
               the
               Husband
               ●
               for
               by
               his
               death
               ,
               the
               possibility
               of
               dower
               is
               consummate
               .
               So
               it
               is
               if
               the
               Husband
               alien
               his
               Land
               ,
               and
               then
               the
               Wife
               is
               attainted
               of
               Felony
               ,
               now
               is
               she
               disabled
               ,
               but
               if
               she
               be
               pardoned
               before
               the
               death
               of
               the
               Husband
               ,
               she
               shall
               be
               indowed
               .
            
             
               By
               the
               Custom
               of
               Gavel-kind
               ,
               the
               Wife
               shall
               be
               indowed
               of
               the
               moity
               ,
               so
               long
               as
               
               she
               keep
               her self
               sole
               and
               without
               Child
               ,
               which
               she
               cannot
               wave
               ,
               and
               take
               her
               thi●ds
               for
               her
               life
               .
               For
               ,
               in
               that
               case
               
                 consuetudo
                 tollit
                 communent
                 legem
              
               .
            
             
               And
               as
               Custom
               may
               enlarge
               ,
               so
               may
               Custom
               abridge
               dower
               ,
               and
               restram
               it
               to
               a
               fourth
               part
               .
            
             
               Albeit
               the
               Wife
               be
               an
               100
               years
               ,
               and
               the
               Husband
               at
               his
               death
               was
               but
               4
               or
               7
               years
               old
               ,
               so
               as
               she
               had
               no
               possibil●ty
               to
               have
               issue
               by
               him
               ,
               v●t
               
               seeing
               the
               Law
               saith
               ,
               that
               if
               the
               Wife
               be
               above
               the
               age
               of
               9
               years
               at
               the
               death
               of
               her
               Husband
               ,
               she
               shall
               be
               endowed
               ,
               and
               that
               women
               in
               antient
               times
               have
               had
               Children
               at
               that
               age
               ,
               whereunto
               no
               woman
               doth
               now
               attain
               ,
               the
               Law
               cannot
               judg
               that
               impossible
               ,
               which
               by
               nature
               was
               possible
               .
               And
               in
               my
               time
               ,
               a
               woman
               about
               threescore
               years
               old
               hath
               had
               ●
               Child
               ,
               
                 &
                 ideo
                 non
                 definit
                 us
                 in
                 jure
                 ,
              
               and
               the
               Husband
               at
               such
               tender
               years
               ,
               hath
               habitum
               ,
               though
               not
               potentiam
               ;
               therefore
               his
               Wife
               shall
               be
               endowed
               .
            
             
               Dower
               is
               favoured
               in
               respect
               of
               the
               Widowhood
               and
               desolateness
               of
               th●
               woman
               whose
               Husband
               is
               deceased
               .
            
             
               It
               is
               commonly
               said
               ,
               Three
               things
               are
               savoured
               
               in
               Law
               ,
               Life
               ,
               Liberty
               ,
               Dower
               .
               With
               the
               Civilians
               ,
               Dower
               may
               be
               in
               goods
               ,
               and
               not
               in
               Lands
               
               yet
               herein
               England
               it
               must
               be
               in
               Lands
               and
               not
               in
               goods
               .
            
             
               If
               a
               woman
               go
               away
               from
               her
               Husband
               with
               an
               Adulterer
               ,
               and
               will
               not
               be
               reconciled
               ,
               she
               loseth
               her
               Dower
               by
               the
               Statute
               of
               Westminster
               2.
               
               C.
               34.
               
            
             
               
                 Sponte
                 virum
                 mulier
                 fugiens
                 ,
                 &
                 adultera
                 sacta
                 .
              
               
                 Dote
                 sua
                 careat
                 ,
                 nisi
                 sponso
                 sponte
                 retracta
                 .
              
            
          
           
             
               DRUNKENNESS
               .
            
             
               Drunkenness
               ,
               For
               being
               drunk
               a
               man
               shall
               forfeit
               
               5
               s.
               or
               sit
               six
               hours
               in
               the
               Stocks
               ,
               for
               tipling
               3
               s.
               4
               
               d.
               or
               sit
               four
               hours
               in
               the
               Stocks
               ,
               the
               Constable
               for
               not
               executing
               it
               forfeits
               ten
               Shillings
               ,
               proof
               of
               one
               witness
               is
               sufficient
               .
               Any
               one
               Justice
               of
               Peace
               hath
               power
               to
               convince
               an
               Offendor
               of
               drunkenness
               .
            
          
           
             
               DURESSE
               .
            
             
               Duresse
               ,
               is
               where
               one
               is
               kept
               in
               Prison
               or
               restrained
               
               from
               his
               liberty
               contrary
               to
               the
               order
               of
               the
               Law.
               It
               is
               also
               an
               exception
               in
               pleading
               to
               avoid
               the
               Deed
               ,
               which
               a
               man
               was
               enforced
               to
               seal
               to
               ransome
               himself
               from
               an
               unlawfull
               captivity
               .
               Vide
               new
               B.
               of
               Put
               
                 Verbo
                 duresse
              
               .
            
          
        
         
           
           
             E.
             
          
           
             
               ECCLESIA
               .
            
             
               ECclesia
               ,
               this
               word
               in
               the
               Common
               Law
               ,
               is
               
               most
               commonly
               used
               for
               a
               place
               wherein
               Baptism
               ,
               and
               the
               Scpulture
               of
               mens
               bodies
               is
               celebrated
               ,
               and
               Fitzherbert
               saith
               ,
               by
               this
               word
               Ecclesia
               is
               meant
               only
               a
               parsonage
               ,
               and
               therefore
               if
               a
               presentment
               be
               made
               to
               a
               Chappel
               ,
               as
               ▪
               to
               a
               Church
               ,
               by
               the
               name
               of
               the
               word
               Ecclesia
               ,
               this
               doth
               change
               and
               metamorphize
               the
               nature
               of
               it
               ,
               and
               maketh
               it
               presently
               a
               Church
               .
            
             
               Ecclesiastical
               persons
               are
               ,
            
             
               
                 1.
                 
                 Regular
                 ,
                 so
                 called
                 ,
                 because
                 they
                 live
                 under
                 certain
                 rules
                 ,
                 and
                 have
                 vowed
                 three
                 things
                 ,
                 true
                 
                 obedience
                 ,
                 perpetuall
                 chastity
                 ,
                 and
                 wilfull
                 poverty
                 ,
                 when
                 a
                 man
                 is
                 professed
                 in
                 any
                 of
                 the
                 orders
                 of
                 Religion
                 ,
                 he
                 is
                 said
                 to
                 be
                 a
                 man
                 of
                 Religion
                 ,
                 or
                 religious
                 ,
                 of
                 this
                 sort
                 are
                 Abbots
                 ,
                 Priors
                 and
                 the
                 like
                 .
              
               
                 2.
                 
                 Secular
                 ,
                 which
                 because
                 they
                 live
                 not
                 under
                 certain
                 rules
                 of
                 some
                 of
                 the
                 said
                 orders
                 ,
                 nor
                 are
                 voluntaries
                 ,
                 they
                 are
                 for
                 distinction
                 sake
                 called
                 secular
                 ,
                 as
                 Bishops
                 ,
                 Deans
                 and
                 Chapters
                 ,
                 Arch-deacons
                 ,
                 Prebends
                 ,
                 Parsons
                 ,
                 Vicars
                 ,
                 &c.
                 
              
            
          
           
             
               ELECTION
               .
            
             
               Election
               ,
               is
               when
               a
               man
               is
               left
               to
               his
               own
               free
               will
               ,
               to
               take
               or
               to
               do
               one
               thing
               or
               another
               ,
               which
               
               he
               pleaseth
               .
            
             
             
               Election
               may
               be
               of
            
             
               
                 1.
                 
                 Things
                 ,
                 as
                 i
                 a
                 man
                 should
                 pay
                 a
                 summe
                 of
                 Money
                 ,
                 or
                 else
                 a
                 Hor●e
                 o●
                 a
                 Hawk
                 .
              
               
                 2.
                 
                 Of
                 persons
                 ,
                 as
                 if
                 he
                 should
                 pay
                 it
                 to
                 
                   I.
                   S.
                
                 
                 or
                 
                   I.
                   N.
                
                 
              
               
                 3.
                 
                 Of
                 places
                 ,
                 as
                 if
                 he
                 should
                 pay
                 it
                 at
                 Lond●n
                 or
                 at
                 Lincoln
                 .
              
               
                 4.
                 
                 Of
                 the
                 time
                 ,
                 as
                 the
                 first
                 day
                 of
                 April
                 ,
                 or
                 the
                 second
                 day
                 of
                 May.
                 
              
            
             
               In
               case
               an
               Election
               be
               given
               of
               two
               severall
               things
               ,
               alwaies
               he
               which
               is
               the
               ●●●●●
               agent
               ,
               and
               which
               ought
               to
               do
               the
               first
               act
               ,
               shall
               have
               the
               Election
               .
               As
               if
               a
               man
               granteth
               a
               Rent
               of
               〈…〉
               ▪
               or
               a
               robe
               to
               one
               and
               to
               his
               heirs
               ,
               the
               G●antor
               shall
               have
               the
               election
               ,
               for
               he
               is
               the
               first
               agent
               by
               payment
               of
               the
               one
               or
               delivery
               of
               the
               other
               .
               So
               if
               a
               man
               maketh
               a
               Lease
               rend●ing
               a
               ●●●t
               or
               a
               Robe
               ,
               the
               Leslee
               shall
               have
               the
               election
               
                 causa
                 quâ
                 supra
              
               .
               
               Bu●
               if
               I
               give
               unto
               you
               one
               of
               my
               Ho●●es
               in
               my
               Stable
               ,
               there
               you
               shall
               have
               the
               election
               ,
               for
               you
               shall
               be
               the
               first
               agent
               by
               taking
               or
               seisure
               of
               one
               o●
               them
               .
               And
               if
               one
               grant
               to
               another
               twenty
               loads
               of
               Hazill
               ,
               or
               twenty
               loads
               of
               Maple
               to
               be
               taken
               in
               his
               wood
               of
               D.
               there
               the
               Grantee
               shall
               have
               election
               ,
               for
               he
               ought
               to
               do
               the
               first
               act
               ,
               sc.
               to
               sell
               and
               take
               the
               same
               .
            
             
               When
               the
               thing
               granted
               is
               of
               things
               annuall
               ,
               and
               are
               to
               have
               continuance
               ,
               there
               the
               election
               remaineth
               to
               the
               Grantor
               as
               well
               after
               the
               day
               as
               before
               ,
               otherwise
               it
               is
               when
               the
               things
               are
               to
               be
               performed
               
                 vnied
                 vice
              
               .
               And
               therefore
               If
               I
               grant
               to
               another
               for
               life
               an
               annuity
               or
               robe
               at
               the
               feall
               of
               Easter
               ,
               and
               both
               are
               behind
               ,
               the
               Grantee
               ought
               to
               bring
               his
               Writ
               of
               annuity
               in
               the
               disjunctive
               ,
               for
               if
               he
               bring
               his
               Writ
               of
               annuity
               for
               the
               one
               only
               and
               recover
               ,
               this
               judgment
               shall
               determine
               his
               election
               for
               ever
               ,
               but
               if
               I
               contract
               with
               you
               to
               pay
               
               unto
               you
               20s
               .
               or
               a
               robe
               at
               the
               seast
               of
               Easter
               ,
               after
               the
               feast
               you
               may
               bring
               an
               Action
               of
               Debt
               ,
               for
               the
               one
               or
               the
               other
               .
            
             
               If
               a
               Wife
               be
               indowed
               
                 ex
                 assensu
                 patris
              
               ,
               and
               the
               Husband
               dieth
               ,
               the
               Wife
               hath
               election
               either
               to
               have
               her
               dower
               at
               the
               Common
               Law
               ,
               or
               
                 ex
                 assensu
                 patris
              
               ,
               if
               she
               bring
               a
               Writ
               of
               Dower
               at
               the
               Common
               Law
               and
               count
               ,
               albeit
               she
               recover
               not
               ,
               yet
               shall
               she
               never
               after
               claim
               her
               dower
               
                 ex
                 assensu
              
               ,
               &c.
               
            
             
               A.
               covenanteth
               to
               pay
               B
               a
               pound
               of
               Pepper
               
               or
               Saffron
               before
               Whitsuntide
               ,
               which
               of
               them
               he
               will
               pay
               ,
               but
               if
               he
               payes
               it
               not
               before
               the
               same
               feast
               ,
               then
               afterwards
               it
               is
               at
               the
               election
               of
               B
               to
               have
               his
               action
               for
               which
               he
               pleaseth
               ,
               either
               of
               the
               Pepper
               ,
               or
               of
               the
               Saffron
               .
            
             
               So
               if
               a
               man
               giveth
               to
               another
               his
               Horse
               or
               Cow
               ,
               the
               Donee
               may
               take
               the
               one
               or
               the
               other
               
               at
               his
               election
               ,
               but
               if
               it
               was
               that
               he
               will
               give
               it
               in
               the
               future
               tense
               ,
               there
               the
               Donee
               cannot
               take
               the
               one
               nor
               the
               other
               ,
               for
               then
               the
               Election
               is
               in
               the
               Donor
               .
            
             
               If
               a
               Justice
               of
               Peace
               directeth
               his
               Warrant
               to
               a
               Constable
               ,
               to
               bring
               the
               party
               apprehended
               before
               him
               or
               another
               Justice
               ,
               it
               is
               in
               the
               Election
               
               of
               the
               Constable
               to
               go
               to
               what
               Justice
               he
               pleaseth
               .
            
          
           
             
               ELEGIT
               .
            
             
               Elegit
               ,
               
                 est
                 nomen
                 Brevis
                 ,
                 sic
                 dictum
                 ab
                 hoc
                 verb●
              
               
               
                 (
                 Elegit
                 )
                 in
                 eodem
                 comprehenso
                 .
              
            
          
           
             
               EMPARLANCE
               .
            
             
               Emparlance
               ,
               cometh
               of
               the
               French
               word
               (
               parler
               )
               
               and
               signifieth
               a
               desire
               or
               petition
               in
               Court
               ,
               of
               a
               day
               to
               pause
               what
               is
               best
               to
               do
               .
            
          
           
             
             
               ENDICTMENT
               .
            
             
               Endictment
               ,
               signifieth
               in
               Law
               an
               accusation
               
               sound
               by
               an
               enquest
               ,
               of
               twelve
               or
               more
               upon
               their
               oath
               ,
               and
               the
               accusation
               is
               called
               endictamentum
               ,
               and
               as
               the
               appeal
               is
               ever
               at
               the
               suit
               of
               the
               party
               ,
               so
               the
               endictment
               is
               alwaies
               at
               the
               suit
               of
               the
               King
               ,
               and
               his
               Declaration
               .
            
             
               To
               make
               a
               good
               endictment
               it
               is
               necessary
               to
               put
               
               in
               the
               day
               ,
               year
               ,
               and
               place
               ,
               when
               and
               where
               the
               felony
               is
               done
               .
            
             
               It
               ought
               to
               be
               certain
               also
               in
               the
               matter
               ,
               as
               appears
               .
               P.
               8.
               
               E.
               4
               f.
               3.
               where
               a
               Bailiff
               was
               endicted
               ,
               because
               he
               took
               one
               for
               suspicion
               of
               felony
               ,
               and
               after
               
                 eum
                 feloni●è
                 ,
                 &
                 voluntariè
                 ad
                 largum
                 ire
                 permisit
                 ,
              
               and
               did
               not
               shew
               in
               certain
               for
               what
               suspicion
               of
               felony
               ,
               so
               when
               one
               is
               endicted
               that
               he
               made
               an
               hundred
               shillings
               of
               Alchymy
               
                 ad
                 instar
                 pecuniae
                 Domini
                 Regis
              
               ,
               and
               alledged
               not
               what
               money
               it
               was
               ,
               groats
               or
               pennies
               :
               but
               in
               case
               a
               man
               be
               slain
               ,
               and
               he
               is
               so
               mangled
               in
               the
               visage
               that
               one
               cannot
               know
               him
               ,
               but
               the
               party
               which
               killed
               him
               is
               well
               known
               ,
               there
               is
               no
               reason
               he
               should
               
               escape
               punishment
               ,
               therefore
               although
               no
               appeal
               lie
               against
               him
               in
               this
               case
               ,
               yet
               and
               Endictment
               lies
               ,
               and
               he
               shall
               be
               endicted
               ,
               
                 quòd
                 interfecit
                 quondam
                 igno
                 tum
              
               ,
               the
               same
               Law
               is
               if
               one
               be
               endicted
               that
               he
               stole
               the
               goods
               
                 eujusdam
                 ignoti
              
               ,
               or
               
                 bona
                 cujusdam
                 personae
              
               ,
               the
               reason
               is
               ,
               because
               the
               Endictment
               is
               not
               his
               which
               was
               the
               owner
               of
               the
               goods
               ,
               but
               is
               the
               suit
               of
               the
               King
               ,
               which
               is
               to
               have
               the
               goods
               ,
               is
               none
               claim
               them
               .
            
             
               An
               Endictment
               ought
               to
               express
               in
               certain
               ,
               as
               well
               in
               what
               part
               the
               mortall
               wound
               is
               ,
               as
               the
               profundity
               and
               latitude
               of
               it
               ,
               and
               therefore
               it
               was
               moved
               that
               such
               an
               Endictment
               ,
               
                 quòd
                 unam
              
               
               
                 plagam
                 mortalem
                 dedit
                 circiter
                 pectus
              
               ,
               was
               insufficient
               ,
               
               because
               altogether
               uncertain
               ,
               for
               it
               might
               be
               in
               the
               neck
               or
               belly
               ,
               but
               it
               was
               good
               Law
               ,
               saith
               Sir
               
                 Edward
                 Cook
                 ,
                 in
                 Youngs
                 Case
                 ,
                 l.
              
               4.
               
                 circiter
                 pectus
              
               is
               uncertain
               and
               insufficient
               amongst
               the
               Cases
               of
               appeals
               and
               Indictments
               .
            
             
               Endictments
               of
               treason
               and
               of
               all
               other
               things
               
               are
               most
               curiously
               and
               certainly
               penned
               .
            
             
               That
               Endictment
               is
               not
               good
               which
               ought
               to
               have
               an
               argument
               or
               implication
               to
               make
               it
               good
               ,
               therefore
               that
               i●
               no●
               a
               good
               Endictment
               ,
               if
               it
               be
               
                 qu●d
                 furatus
                 est
                 unum
                 e●uum
              
               ,
               and
               saith
               not
               felonice
               ,
               and
               yet
               it
               is
               implyed
               in
               this
               word
               ,
               
                 furatus
                 est
              
               ,
               so
               if
               for
               Rape
               the
               Endictment
               be
               
                 quòd
                 eam
                 carnaliter
                 cognovit
              
               ,
               without
               saying
               rapuit
               ,
               this
               is
               not
               good
               ;
               if
               one
               be
               endicted
               
                 super
                 visum
                 corporis
              
               ,
               before
               the
               Major
               of
               London
               ,
               without
               adding
               this
               word
               Coroner
               ,
               this
               is
               not
               good
               ,
               and
               yet
               he
               which
               is
               Major
               of
               London
               is
               alwaies
               Coroner
               ;
               and
               therefore
               
               it
               is
               implyed
               .
               If
               one
               be
               endicted
               
                 quòd
                 feloni●è
                 abduxit
                 unum
                 equum
              
               :
               this
               is
               not
               good
               without
               saying
               
                 coepit
                 &
                 abduxit
              
               ,
               for
               it
               may
               be
               ,
               that
               it
               was
               delivered
               to
               him
               ,
               and
               so
               he
               leadeth
               him
               ,
               in
               which
               Case
               it
               is
               not
               felony
               .
            
             
               In
               the
               Endictment
               it
               shall
               be
               supposed
               ,
               that
               a
               man
               such
               a
               day
               and
               place
               with
               force
               and
               arms
               ,
               
               that
               is
               ,
               with
               st●ves
               ,
               swords
               and
               knives
               feloniously
               stole
               the
               Horse
               ,
               against
               the
               Kings
               peace
               ,
               and
               that
               form
               must
               be
               kept
               in
               every
               Endictment
               ,
               though
               the
               felon
               had
               neither
               sword
               nor
               other
               weapon
               ●i●h
               him
               yet
               this
               is
               no
               untruth
               in
               the
               jury
               ,
               ●or
               the
               form
               of
               an
               Endictment
               is
               ,
               
                 in
                 ●●iratur
                 ●●●
                 D●mino
                 Rege
                 ,
                 si
                 à
                 tali
                 die
                 &
                 anno
                 apud
                 talem
                 l●cum
                 vi
                 &
                 armis
                 ,
              
               viz.
               gladiis
               ,
               &c.
               
                 tal●m
                 e●uum
                 ●alis
                 hominis
                 ●aepit
              
               .
               The
               twelve
               men
               are
               only
               charged
               with
               the
               effect
               of
               the
               Bill
               ,
               that
               is
               ,
               whether
               he
               be
               guilty
               of
               the
               selony
               or
               
               nor
               ,
               and
               not
               with
               the
               form
               ,
               and
               when
               they
               say
               
                 billa
                 vera
              
               ,
               they
               say
               true
               ,
               as
               they
               take
               the
               effect
               of
               the
               Bill
               to
               be
               ,
               for
               though
               there
               be
               false
               Latin
               in
               the
               Bill
               ,
               and
               the
               Jury
               saith
               
                 billa
                 vera
              
               ,
               yet
               their
               verdict
               is
               true
               .
            
             
               An
               Endictment
               of
               murder
               found
               in
               this
               sort
               that
               
                 Eliz.
                 fuit
                 in
                 pace
                 quousque
              
               A.
               vir
               .
               5.
               
               
                 Praesat
                 .
                 Eliz.
                 de
                 Pin.
                 com
                 .
              
               S.
               yeoman
               did
               kill
               her
               ,
               is
               good
               ;
               for
               the
               addition
               yeoman
               must
               of
               necessity
               re●er
               to
               th●
               Husband
               ,
               because
               a
               woman
               cannot
               be
               a
               yeoman
               ,
               but
               an
               Endictment
               
                 quousque
                 Alicia
                 S.
                 de
                 Pin.
                 in
                 com
                 .
                 S.
                 uxor
              
               J.
               S.
               Spinster
               is
               not
               good
               against
               
                 Alice
                 S.
              
               for
               there
               Spinster
               ,
               being
               an
               indifferent
               addition
               ,
               
               both
               for
               man
               and
               woman
               ,
               must
               refer
               to
               
                 I.
                 S.
              
               which
               is
               the
               next
               antecedent
               ,
               and
               so
               the
               woman
               hath
               no
               addition
               .
               So
               is
               an
               endictment
               against
               
                 I.
                 S.
                 serviens
                 I.
                 P.
                 de
                 D.
                 in
                 com
                 .
                 Mid.
                 Butcher
                 .
              
               This
               is
               not
               good
               ,
               for
               servant
               is
               no
               addition
               ,
               and
               Butcher
               re●erreth
               to
               the
               Master
               ,
               which
               is
               the
               next
               antecedent
               .
            
             
               If
               a
               man
               take
               a
               Coat-armour
               which
               hangs
               over
               a
               dead
               mans
               Tomb
               in
               a
               Church
               ,
               the
               Endictment
               must
               be
               
                 bona
                 executorum
              
               of
               the
               dead
               man
               ,
               but
               if
               a
               
               Gravestone
               be
               taken
               away
               ,
               the
               Endictment
               must
               be
               
                 bona
                 Ecclesiae
              
               .
            
          
           
             
               ENFRANCHISEMENT
               .
            
             
               Enfranchisement
               ,
               is
               when
               a
               man
               is
               incorporated
               into
               any
               society
               or
               body
               politick
               .
            
             
               It
               is
               a
               more
               generall
               word
               then
               manumission
               ,
               for
               it
               is
               more
               properly
               applied
               to
               a
               Villain
               ,
               and
               therefore
               every
               manumission
               is
               an
               enfranchisement
               ,
               
               but
               every
               enfranchisement
               is
               not
               a
               manumission
               .
            
          
           
             
             
               ENTRUDER
               .
            
             
               Entruder
               ,
               An
               abator
               is
               he
               that
               entreth
               into
               Land
               void
               by
               the
               death
               of
               a
               Tenant
               in
               Fee
               ,
               and
               an
               entruder
               is
               he
               that
               entereth
               into
               Lands
               void
               by
               the
               death
               of
               a
               Tenant
               for
               term
               of
               life
               or
               years
               .
            
          
           
             
               EQUITY
               .
            
             
               Equity
               ,
               is
               the
               correction
               of
               a
               Law
               generally
               made
               in
               that
               part
               wherein
               it
               faileth
               ;
               when
               an
               act
               of
               Parliament
               is
               made
               ,
               that
               whosoever
               doth
               such
               a
               thing
               ,
               shall
               be
               a
               felond
               ,
               and
               shall
               suffer
               death
               ,
               yet
               
               if
               a
               mad
               man
               or
               an
               infant
               of
               young
               years
               that
               hath
               no
               discretion
               do
               the
               same
               ,
               they
               shall
               be
               no
               felons
               ,
               nor
               suffer
               death
               therefore
               .
            
             
               There
               is
               a
               general
               prohibition
               in
               the
               Laws
               of
               England
               ,
               that
               it
               shall
               not
               be
               lawfull
               for
               any
               man
               to
               enter
               into
               the
               Freehold
               of
               another
               without
               authority
               of
               the
               owner
               ,
               or
               the
               Law
               ,
               but
               yet
               it
               is
               excepted
               from
               the
               said
               prohibition
               by
               the
               Law
               of
               reason
               ,
               that
               if
               a
               man
               drive
               beasts
               by
               the
               high-way
               ,
               and
               the
               beasts
               happen
               to
               escape
               into
               the
               corn
               of
               his
               neighbour
               ,
               and
               he
               to
               bring
               out
               his
               beasts
               that
               they
               should
               do
               no
               hurt
               ,
               goeth
               into
               the
               ground
               and
               fetcheth
               out
               the
               beasts
               ,
               there
               he
               shall
               justifie
               the
               entry
               into
               the
               ground
               by
               Law.
               Also
               notwithstanding
               the
               Statute
               of
               Edw.
               3.
               made
               the
               14
               year
               of
               his
               reign
               ,
               whereby
               it
               is
               ordained
               that
               no
               man
               upon
               pain
               of
               imprisonment
               should
               give
               any
               alms
               to
               any
               valiant
               begger
               ,
               that
               is
               well
               able
               to
               labour
               .
               Yet
               if
               a
               man
               meet
               with
               a
               valiant
               begger
               in
               so
               cold
               weather
               ,
               and
               so
               light
               apparell
               ,
               that
               if
               he
               
               have
               no
               clothes
               he
               is
               likely
               to
               die
               ,
               and
               he
               giveth
               him
               apparell
               to
               save
               his
               ife
               ,
               he
               shall
               be
               excused
               .
            
             
               Breaking
               of
               prison
               is
               felony
               in
               the
               prisoner
               himself
               by
               the
               Statute
               
                 de
                 frangentibus
                 prisonam
              
               ,
               yet
               if
               the
               prison
               be
               burnt
               ,
               and
               they
               which
               are
               
               therein
               shall
               break
               prison
               for
               the
               salvation
               of
               their
               lives
               ,
               this
               shall
               be
               excused
               by
               the
               Law
               of
               reason
               ,
               so
               to
               save
               my
               life
               I
               may
               kill
               another
               which
               assaults
               me
               .
            
             
               There
               was
               a
               Law
               amongst
               the
               Romanes
               ,
               that
               every
               one
               that
               scaled
               the
               walls
               in
               the
               night
               should
               be
               condemned
               to
               death
               ,
               and
               one
               in
               the
               night
               scaled
               the
               walls
               in
               times
               of
               warre
               to
               descry
               the
               enemies
               to
               the
               Romanes
               ,
               and
               he
               by
               the
               judgment
               of
               the
               Senate
               was
               not
               only
               discharged
               of
               death
               ,
               but
               had
               a
               great
               reward
               for
               it
               ,
               and
               yet
               he
               had
               broken
               the
               words
               of
               the
               Law
               ,
               but
               not
               the
               intent
               ,
               as
               the
               Sage
               Fathers
               of
               the
               Senate
               judged
               .
            
          
           
             
               ESCAPE
               .
            
             
               Escape
               ,
               is
               where
               one
               that
               is
               arrested
               cometh
               to
               his
               liberty
               before
               that
               he
               is
               delivered
               by
               award
               of
               any
               Justices
               ,
               or
               by
               order
               of
               Law.
               If
               the
               arrest
               of
               him
               that
               escaped
               were
               for
               felony
               ,
               then
               that
               shall
               be
               felony
               in
               him
               that
               did
               voluntarily
               suffer
               the
               escape
               ,
               and
               if
               for
               treason
               ,
               then
               it
               shall
               be
               treason
               in
               him
               ,
               and
               if
               for
               trespass
               ,
               then
               trespass
               .
               If
               murder
               be
               made
               in
               the
               day
               ,
               and
               the
               murderer
               be
               
               not
               taken
               ,
               then
               it
               is
               an
               escape
               ,
               for
               the
               which
               the
               town
               where
               the
               murder
               was
               done
               shall
               be
               amerced
               .
            
             
               If
               a
               man
               be
               robbed
               in
               the
               day
               ,
               and
               the
               thief
               
               escape
               ,
               and
               be
               not
               taken
               within
               half
               a
               year
               after
               the
               robbery
               ,
               the
               Town
               or
               hundred
               shall
               answer
               it
               to
               the
               party
               robbed
               ,
               if
               he
               have
               made
               hue
               and
               cry
               .
               
            
             
               The
               Township
               shall
               be
               amerced
               for
               an
               escape
               ,
               if
               it
               was
               
                 tempore
                 diurno
              
               ,
               although
               the
               murder
               was
               committed
               in
               the
               Town-field
               ,
               or
               in
               a
               Lane
               ,
               but
               it
               seemeth
               reasonable
               ,
               that
               complaint
               be
               made
               to
               the
               Justices
               .
            
             
             
               Although
               the
               prisoner
               which
               escapes
               be
               out
               of
               the
               view
               ,
               yet
               if
               fresh
               suit
               be
               made
               ,
               and
               he
               be
               reprised
               
                 in
                 recenti
                 insecutione
              
               ,
               he
               shall
               be
               in
               execution
               ,
               
               for
               otherwise
               at
               the
               turning
               of
               a
               corner
               ,
               or
               by
               an
               entry
               of
               an
               house
               ,
               or
               by
               any
               other
               such
               means
               the
               prisoner
               may
               be
               out
               of
               view
               .
            
             
               If
               a
               Sheriff
               or
               Baiiiff
               of
               a
               Franchise
               assent
               ,
               that
               one
               which
               is
               in
               execution
               ,
               and
               under
               their
               custody
               shall
               go
               out
               of
               Gaol
               for
               a
               while
               ,
               and
               then
               return
               ,
               although
               that
               he
               return
               in
               the
               time
               ,
               yet
               this
               is
               an
               escape
               ,
               for
               the
               Sheriff
               or
               Baiiiff
               
               ought
               to
               guard
               him
               
                 in
                 salva
                 &
                 ar●ta
                 custodia
              
               ,
               and
               the
               Statute
               of
               
                 Westminster
                 c.
              
               11.
               saith
               
                 quòd
                 carceri
                 mancipentur
                 in
                 ferris
              
               .
               So
               that
               the
               Sheriff
               may
               keep
               them
               which
               are
               in
               execution
               in
               iron
               and
               fetters
               ,
               till
               they
               have
               satisfied
               their
               Creditors
               .
            
             
               Where
               the
               Sheriff
               dieth
               ,
               and
               one
               in
               execution
               breaketh
               the
               Gaol
               ,
               and
               goeth
               at
               large
               ,
               this
               is
               no
               escape
               ,
               for
               when
               a
               Sheriff
               dieth
               ,
               all
               the
               Prisoners
               are
               in
               the
               custody
               of
               the
               Law
               ,
               untill
               a
               new
               Sheriff
               be
               made
               .
            
             
               If
               a
               woman
               be
               Warden
               of
               the
               Fleet
               ,
               and
               a
               prisoner
               in
               the
               Fleet
               marrieth
               her
               ,
               this
               shall
               be
               judged
               
               an
               escape
               in
               the
               woman
               ,
               and
               the
               Law
               judgeth
               the
               prisoner
               to
               be
               at
               large
               .
            
          
           
             
               ESCHEAT
               .
            
             
               Escheat
               ,
               Escheats
               happen
               two
               manner
               of
               waies
               
                 Aut
                 per
                 defectum
                 sanguinis
              
               ,
               as
               if
               the
               Tenant
               dies
               
               without
               issue
               ,
               
                 aut
                 per
                 delictum
                 tenentis
              
               ,
               that
               is
               for
               felony
               ,
               escheta
               is
               derived
               of
               the
               French
               word
               
                 eschier
                 accidere
              
               ,
               for
               an
               escheat
               is
               a
               casuall
               profit
               
                 quod
                 accidit
                 Domino
                 ex
                 eventu
                 &
                 ex
                 insperato
              
               
               which
               happeneth
               to
               the
               Lord
               by
               chance
               ,
               and
               unlooked
               for
               ,
               in
               which
               Case
               we
               say
               the
               Fee
               is
               escheated
               .
            
             
             
               Those
               which
               are
               hanged
               by
               martiall
               Law
               ,
               
                 in
                 furore
                 belli
              
               ,
               forfeit
               no
               Lands
               ,
               for
               etcheat
               for
               felony
               is
               three
               manner
               of
               waies
               .
            
             
               
                 1.
                 
                 Aut
                 quia
                 suspensus
                 per
                 collum
                 .
              
               
                 2.
                 
                 Aut
                 quia
                 abiuravit
                 regnum
                 .
              
               
                 3.
                 
                 Aut
                 quia
                 ut
                 legatus
                 est
                 .
              
            
             
               The
               Father
               is
               seised
               of
               Lands
               in
               Fee
               holden
               of
               
                 I.
                 S.
              
               the
               Sonne
               is
               attainted
               of
               high
               Treason
               the
               Father
               dieth
               ,
               the
               Land
               shall
               escheat
               to
               
                 I.
                 S.
                 pr●pter
                 defectum
                 sanguinis
              
               ,
               because
               the
               Father
               dieth
               
               without
               heir
               ,
               and
               the
               King
               cannot
               have
               the
               Land
               ,
               because
               the
               Sonne
               never
               had
               any
               thing
               to
               forfeit
               ,
               but
               the
               King
               shall
               have
               the
               escheat
               of
               all
               the
               Lands
               whereof
               the
               person
               attainted
               of
               high
               Treason
               was
               seised
               ,
               of
               whomsoever
               they
               were
               holden
               .
            
          
           
             
               ESCHEATOR
               .
            
             
               Escheator
               ,
               cometh
               from
               this
               word
               Escheat
               ,
               he
               
               is
               so
               called
               because
               his
               Office
               is
               to
               enquire
               of
               all
               casuall
               profits
               ,
               and
               to
               seise
               them
               into
               the
               Kings
               hands
               ,
               that
               they
               may
               be
               answered
               to
               the
               King.
               
            
          
           
             
               ESTATE
            
             
               Estate
               ,
               is
               the
               title
               or
               interest
               that
               a
               man
               hath
               in
               
               Lands
               or
               Tenements
               .
            
             
               In
               the
               Law
               any
               Estate
               for
               life
               being
               an
               Estate
               for
               Freehold
               is
               a
               higher
               and
               greater
               Estate
               then
               a
               lease
               for
               years
               ,
               though
               it
               be
               for
               a
               thousand
               or
               more
               ,
               which
               never
               are
               without
               suspicion
               of
               fr●●d
               ,
               Cook
               on
               
                 Lit.
                 p.
              
               46.
               
            
          
           
             
               ESSOIN
               .
            
             
               
                 Essoin
                 ,
                 Essonium
              
               ,
               and
               sometimes
               exonium
               ,
               and
               sometimes
               without
               x
               or
               s
               is
               a
               word
               forensall
               and
               cometh
               of
               an
               obsolete
               French
               word
               essonier
               ,
               or
               exonier
               ,
               to
               excuse
               and
               free
               from
               care
               ,
               from
               the
               word
               soingnire
               .
               It
               is
               an
               excuse
               made
               for
               the
               Tenant
               
               or
               defendant
               who
               would
               not
               appear
               ,
               and
               be
               admitted
               in
               reall
               actions
               ,
               or
               to
               Suiters
               in
               Court
               baron
               for
               five
               causes
               .
            
             
               
                 1.
                 
                 
                   De
                   malo
                   viae
                   sive
                   veniendi
                
                 ,
                 where
                 the
                 Tenant
                 
                 would
                 not
                 come
                 in
                 respect
                 of
                 some
                 impossibility
                 ,
                 or
                 durst
                 not
                 in
                 regard
                 of
                 some
                 eminent
                 danger
                 ,
                 and
                 this
                 is
                 called
                 
                   es●onium
                   commune
                
                 .
              
               
                 2.
                 
                 
                   De
                   malo
                   lecti
                
                 ,
                 where
                 some
                 disease
                 hindereth
                 ,
                 which
                 according
                 to
                 its
                 nature
                 giveth
                 longer
                 or
                 shorter
                 day
                 ,
                 
                   Glan
                   cap.
                
                 19.
                 
              
               
                 3.
                 
                 
                   Tenus
                   mare
                
                 ,
                 which
                 is
                 cast
                 on
                 the
                 behalf
                 of
                 the
                 Tenant
                 when
                 he
                 is
                 beyond
                 the
                 Seas
                 ,
                 and
                 this
                 is
                 for
                 fourty
                 daies
                 at
                 least
                 ,
                 
                   Glanvillus
                   cap.
                
                 25.
                 
              
               
                 4.
                 
                 
                   Servitium
                   Regis
                
                 ,
                 when
                 the
                 Tenant
                 is
                 in
                 the
                 Kings
                 service
                 ,
                 and
                 then
                 the
                 plea
                 resteth
                 without
                 day
                 untill
                 he
                 retur
                 ,
                 
                   Glanvillus
                   cap.
                
                 27.
                 
              
               
                 5.
                 
                 
                   De
                   terra
                   sancta
                
                 ,
                 where
                 the
                 Tenant
                 or
                 Defendant
                 was
                 in
                 pilgrimage
                 to
                 the
                 holy
                 Land
                 ,
                 or
                 as
                 voluntier
                 against
                 the
                 Saracens
                 ,
                 and
                 then
                 a
                 year
                 and
                 a
                 day
                 at
                 the
                 least
                 was
                 allowed
                 by
                 the
                 Essoin
                 .
              
            
             
               Essoin
               is
               sometimes
               taken
               for
               any
               excuse
               of
               Assize
               
                 in
                 Clarendon
                 tempore
              
               .
               H.
               2.
               
               
                 Forenden
                 .
                 p.
              
               549.
               
               
                 Nulli
                 liceat
                 hospitari
                 aliquem
                 extraneum
                 ultra
                 unam
                 noctem
                 in
                 domo
                 sua
                 ,
                 nisi
                 hospitatus
                 ille
                 essonium
                 rationabile
                 habuerit
                 .
              
            
          
           
             
               ESTOPPEL
               .
            
             
               Estoppell
               is
               when
               one
               is
               concluded
               and
               forbidden
               in
               Law
               to
               speak
               against
               his
               own
               act
               or
               deed
               ,
               yea
               
               though
               it
               be
               to
               say
               the
               truth
               ,
               and
               therefore
               Jurors
               cannot
               be
               estopped
               ,
               because
               they
               are
               sworn
               to
               say
               the
               truth
               .
            
             
               Estoppels
               are
               three
               waies
               effected
               ,
            
             
               
                 1.
                 
                 By
                 matter
                 of
                 Record
                 .
              
               
                 
                 2.
                 
                 By
                 ba●e
                 writing
                 .
              
               
                 3.
                 
                 By
                 Fact
                 ,
                 
                   in
                   paiis
                
                 .
              
            
          
           
             
               ESTOUERS
               .
            
             
               Estouers
               ,
               are
               nourishment
               or
               maintenance
               ,
               it
               
               is
               also
               used
               for
               certain
               allowances
               of
               wood
               to
               be
               taken
               out
               of
               another
               mans
               wood
               ,
               whence
               the
               English
               call
               houshold
               goods
               or
               furniture
               ,
               and
               the
               matter
               of
               which
               other
               things
               are
               made
               stuff
               
                 Spelman
                 Glossar
              
               .
            
             
               It
               is
               the
               allowance
               to
               a
               selon
               in
               prison
               out
               of
               his
               own
               goods
               ,
               
                 in
                 vitae
                 sustentationem
              
               .
            
          
           
             
               ESTRAY
               .
            
             
               Estray
               ,
               is
               where
               any
               beast
               or
               cattell
               is
               in
               any
               Lordship
               ,
               and
               none
               knoweth
               the
               owner
               thereof
               ,
               then
               it
               be
               shall
               sei●ed
               to
               the
               use
               of
               the
               King
               ,
               or
               of
               the
               Lord
               that
               hath
               such
               estray
               by
               the
               Kings
               grant
               ,
               or
               by
               prescription
               .
               And
               if
               the
               owner
               come
               and
               make
               claim
               thereto
               within
               a
               year
               and
               a
               day
               ,
               then
               he
               shall
               have
               it
               again
               ,
               or
               else
               after
               the
               year
               ,
               the
               property
               thereof
               shall
               be
               to
               the
               Lord
               ,
               so
               that
               the
               Lord
               make
               proclamation
               thereof
               according
               to
               the
               Law.
               
            
             
               Goods
               waived
               ,
               the
               Civilians
               call
               d●relicta
               ,
               and
               Bracton
               saith
               
                 quod
                 olim
                 fuerint
                 Inventoris
                 de
                 Iure
                 naturali
                 ,
                 &
                 jam
                 efficiuntur
                 Principis
                 de
                 Iure
                 gentium
                 .
              
               But
               now
               Kings
               have
               granted
               this
               Prerogative
               unto
               their
               Subjects
               within
               their
               liberties
               ,
               so
               that
               waives
               and
               estrayes
               are
               the
               Lords
               of
               the
               Franchise
               where
               they
               are
               found
               ,
               but
               they
               must
               first
               by
               him
               be
               caused
               to
               be
               cryed
               in
               Markets
               near
               about
               
               him
               ,
               or
               else
               the
               year
               and
               day
               runs
               not
               to
               the
               prejudice
               of
               him
               that
               lost
               them
               .
            
          
           
             
             
               ESTREATS
               .
            
             
               Estreats
               ,
               are
               so
               called
               from
               the
               word
               extract●
               because
               they
               be
               short
               notes
               or
               memorials
               extracted
               or
               drawn
               out
               of
               the
               Records
               by
               the
               Clerk
               of
               the
               peace
               ,
               and
               by
               him
               indented
               and
               delivered
               sunderly
               to
               the
               Sheriff
               ,
               and
               to
               the
               Barons
               of
               the
               Exchequer
               ,
               bearing
               this
               or
               the
               like
               Title
               ,
               
                 Extracta
                 finium
                 amerciamentorum
                 foris
                 factorum
                 ad
                 generalem
                 Sessionem
                 pacis
                 ,
              
               &c.
               coram
               ,
               &c.
               for
               the
               form
               of
               the
               making
               hereof
               ,
               thence
               is
               full
               direction
               given
               to
               the
               Clerk
               of
               Estreats
               by
               the
               Stat.
               7
               H.
               4
               S.
               
            
          
           
             
               EXCHANGE
               .
            
             
               Exchange
               ,
               is
               where
               a
               man
               is
               seised
               of
               certain
               Land
               ,
               and
               another
               man
               is
               seised
               of
               another
               Land
               ,
               if
               they
               by
               a
               deed
               indented
               ,
               or
               without
               deed
               (
               the
               Lands
               being
               in
               one
               County
               )
               exchange
               their
               Lands
               ,
               so
               that
               each
               of
               them
               shall
               have
               the
               others
               Lands
               to
               him
               so
               exchanged
               in
               fee
               ,
               fee
               tail
               or
               for
               term
               of
               life
               ,
               that
               is
               called
               an
               exchange
               ,
               and
               is
               good
               without
               livery
               and
               ●●●in
               .
            
             
               It
               behoveth
               alway
               ,
               that
               this
               word
               exchange
               be
               in
               the
               deed
               ,
               or
               else
               nothing
               passeth
               by
               the
               deed
               ,
               except
               that
               he
               have
               livery
               and
               seisin
               ,
               for
               the
               word
               ,
               excambium
               only
               maketh
               an
               Echange
               ,
               as
               the
               words
               
                 liberum
                 maritagium
              
               only
               do
               make
               frank
               marriage
               .
               Every
               exchange
               ought
               to
               be
               made
               by
               this
               word
               excambium
               ,
               or
               by
               another
               word
               of
               the
               same
               effect
               ,
               as
               permutatio
               Perkins
               .
            
             
               Both
               the
               things
               exchanged
               ought
               to
               be
               
                 in
                 esse
              
               at
               the
               time
               of
               the
               Exchange
               ,
               and
               therefore
               an
               exchange
               of
               Land
               for
               Rent
               granted
               
                 de
                 novo
              
               is
               not
               good
               ,
               but
               an
               exchange
               betwixt
               a
               Rent
               and
               a
               Common
               which
               are
               
                 in
                 esse
              
               at
               the
               time
               or
               the
               exchange
               is
               good
               ,
               and
               so
               it
               is
               of
               Land
               and
               Rent
               .
            
             
             
               If
               two
               Parsons
               of
               several
               Churches
               change
               their
               Benefices
               ,
               and
               resign
               them
               into
               the
               hands
               of
               the
               ordinary
               to
               the
               same
               intent
               ,
               and
               the
               Patrons
               make
               their
               presentations
               accordingly
               ,
               and
               the
               one
               of
               the
               Parsons
               is
               admitted
               ,
               instituted
               and
               inducted
               ,
               and
               the
               other
               parson
               is
               admitted
               and
               instituted
               ,
               but
               dieth
               before
               induction
               ,
               the
               other
               Parson
               shall
               not
               retain
               the
               benefice
               in
               which
               he
               is
               inducted
               ,
               for
               the
               exchange
               is
               not
               perfected
               ,
               because
               it
               is
               not
               executed
               .
            
          
           
             
               EXECUTION
               .
            
             
               Execution
               ,
               Execution
               for
               debt
               is
               four-fold
               ,
            
             
               1.
               
               Of
               goods
               only
               by
               
                 Fieri
                 facias
              
               ,
               or
               of
               the
               moity
               of
               Lands
               by
               Elegit
               ,
               or
               upon
               the
               reconusance
               of
               a
               Statute
               ;
               or
               of
               the
               Body
               by
               
                 capias
                 ad
                 satisfaciendum
              
               .
            
          
           
             
               EXECUTOR
               .
            
             
               Executor
               ,
               is
               when
               a
               man
               makes
               his
               Testament
               
               and
               last
               Will
               ,
               and
               therein
               nameth
               the
               person
               that
               shall
               execute
               his
               Testament
               ,
               then
               he
               that
               is
               so
               named
               is
               his
               Executor
               ,
               and
               is
               as
               much
               in
               the
               Civil
               Law
               ,
               as
               
                 haeres
                 designatus
              
               ,
               or
               testamentarius
               ,
               as
               to
               debts
               ,
               goods
               and
               chattels
               of
               the
               Testator
               .
            
             
               An
               Executor
               is
               after
               three
               sorts
               .
            
             
               
                 1.
                 
                 Executor
                 testamentarius
                 a
                 testatore
                 constitutus
                 .
              
               
                 2.
                 
                 Executor
                 legalis
                 ,
                 
                   That
                   is
                   the
                   Ordinary
                
                 .
              
               
                 3.
                 
                 Dativus
                 
                   the
                   Administrator
                
                 ,
                 Cook
                 8
                 Rep.
                 Sir
                 Iohn
                 Nedhams
                 Case
                 .
              
            
             
               An
               Executor
               or
               Administrator
               ought
               to
               execute
               
               his
               Office
               ,
               and
               Administer
               the
               goods
               of
               the
               dead
               lawfully
               ,
               truly
               and
               diligently
               .
            
             
               
                 1.
                 
                 Lawfully
                 in
                 paying
                 all
                 the
                 duties
                 ,
                 debts
                 and
                 legacies
                 ,
                 in
                 such
                 precedency
                 and
                 order
                 ,
                 as
                 they
                 ought
                 to
                 be
                 paid
                 by
                 the
                 Law.
                 
              
               
                 
                 2.
                 
                 Truly
                 ,
                 to
                 convert
                 nothing
                 to
                 his
                 own
                 use
                 ,
                 for
                 an
                 Executor
                 or
                 Administrator
                 hath
                 not
                 goods
                 of
                 the
                 dead
                 to
                 his
                 own
                 use
                 ,
                 but
                 
                   in
                   anothers
                   right
                
                 ,
                 and
                 to
                 others
                 uses
                 ,
                 and
                 he
                 ought
                 not
                 to
                 practice
                 or
                 devise
                 any
                 thing
                 to
                 hinder
                 the
                 Creditor
                 of
                 his
                 debt
                 ,
                 but
                 truly
                 to
                 execute
                 his
                 Office
                 according
                 to
                 the
                 trust
                 reposed
                 in
                 him
                 .
              
               
                 3.
                 
                 Diligently
                 ,
                 
                   quia
                   negligentia
                   semper
                   habet
                   comitem
                   in
                   fortunium
                   .
                
              
            
             
               If
               Tenant
               for
               life
               soweth
               the
               ground
               and
               dieth
               ,
               his
               Executors
               shall
               have
               the
               Corn
               ,
               because
               his
               estate
               was
               uncertain
               ,
               and
               determined
               by
               the
               Act
               of
               God.
               
            
             
               
                 De
                 bonis
                 defuncti
                 trina
                 debet
                 esse
                 dispositio
                 .
              
            
             
               
                 1.
                 
                 
                   Necessitatis
                   ,
                   ut
                   funeralia
                
                 .
              
               
                 2.
                 
                 Utilitatis
                 ,
                 that
                 every
                 one
                 shall
                 be
                 paid
                 in
                 such
                 precedency
                 as
                 ought
                 to
                 to
                 be
                 .
              
               
                 3.
                 
                 Voluntatis
                 ,
                 as
                 Legacies
                 .
              
            
             
               
                 Executor
                 de
                 son
                 tort
              
               ,
               is
               he
               that
               takes
               upon
               him
               the
               Office
               of
               an
               Executor
               by
               intrusion
               ,
               not
               being
               so
               constituted
               by
               the
               Testator
               or
               deceased
               ,
               nor
               (
               for
               
               want
               of
               such
               constitution
               )
               constituted
               by
               the
               ordinary
               to
               administer
               how
               farro
               we
               shall
               become
               lyable
               to
               Creditors
               vide
               43
               
                 Eliz.
                 cap.
              
               8.
               
               Dyer
               166.
               105.
               6.
               
               Dyer
               166.
               
               Belknap
               .
               50.
               
               Ed.
               3.
               9.
               13
               ,
               14.
               
               
                 Eliz.
                 Dyer
              
               305
               ,
               306.
               
            
          
           
             
               EXIGENT
               .
            
             
               Exigent
               ,
               by
               which
               one
               is
               outlawed
               ,
               not
               rendring
               himself
               ,
               as
               ye
               would
               say
               exactus
               or
               
                 actus
                 in
                 exilium
              
            
          
           
             
               EXTORTION
               .
            
             
               Extortion
               ,
               is
               the
               unlawfull
               taking
               by
               any
               Officer
               ,
               by
               colour
               of
               his
               Office
               ,
               any
               money
               or
               valuable
               thing
               of
               or
               from
               any
               man
               ,
               either
               that
               is
               not
               due
               ,
               or
               more
               then
               is
               due
               ,
               or
               before
               it
               be
               due
               .
               It
               is
               largely
               taken
               for
               any
               oppression
               ,
               by
               power
               ,
               or
               by
               colour
               ,
               or
               pretence
               of
               right
               ,
               from
               the
               verb
               ,
               extorqueo
               .
            
          
           
             
             
               EVIDENCE
               .
            
             
               Evidence
               ,
               This
               word
               in
               legall
               understanding
               ,
               doth
               not
               contain
               matters
               of
               Record
               ,
               as
               Letters
               
               Patents
               ,
               Fines
               ,
               Recoveries
               ,
               Inrolements
               ,
               and
               the
               like
               ,
               and
               Writings
               under
               Seal
               as
               Charters
               and
               Deeds
               ,
               and
               other
               Writings
               without
               Seal
               ,
               as
               Court
               Rols
               ,
               Accounts
               and
               the
               like
               ,
               instrumenta
               ,
               but
               in
               a
               large
               sense
               it
               containeth
               also
               Testimonia
               the
               testimony
               of
               Witnesses
               ,
               and
               other
               proofs
               to
               be
               produced
               and
               given
               to
               a
               Jury
               ,
               for
               the
               finding
               of
               any
               issue
               joyned
               between
               the
               Parties
               ,
               and
               it
               is
               called
               Evidence
               ,
               because
               thereby
               the
               point
               in
               issue
               is
               to
               be
               made
               evident
               to
               the
               Jury
               ,
               
                 Probationes
                 debent
                 esse
                 evidentes
              
               ,
               id
               est
               ,
               
                 perspicuae
                 &
                 faciles
              
               .
            
             
               A
               man
               seised
               of
               Lands
               in
               see
               hath
               divers
               charters
               Deeds
               and
               Evidences
               ,
               and
               maketh
               a
               feosment
               in
               see
               either
               without
               warranty
               ,
               or
               with
               warranty
               only
               against
               him
               and
               his
               heirs
               ,
               the
               Purchaser
               shall
               have
               the
               Charters
               ,
               Deeds
               and
               Evidences
               as
               incident
               to
               the
               Lands
               and
               
                 ratione
                 terrae
              
               ,
               that
               he
               may
               the
               better
               defend
               the
               Land
               himself
               ,
               having
               no
               Warranty
               to
               recover
               in
               value
               ,
               for
               the
               Evidences
               are
               as
               it
               were
               the
               sinews
               of
               the
               Land
               ,
               and
               the
               feoffer
               being
               not
               ●ound
               to
               Warranty
               ,
               hath
               not
               use
               of
               them
               ,
               but
               if
               
               the
               feoffer
               be
               bound
               to
               warranty
               ,
               then
               he
               shall
               have
               all
               Deeds
               and
               Evidences
               ,
               which
               are
               material
               ,
               for
               the
               maintenance
               of
               the
               Title
               of
               the
               Land
               ,
               but
               others
               which
               concern
               the
               possession
               the
               feoffec
               shall
               have
               .
            
          
        
         
           
           
             F
          
           
             
               FARM
            
             
               FArm
               ,
               (
               in
               Latin
               firma
               )
               cometh
               from
               the
               Sa
               〈…〉
               word
               Feormian
               to
               feed
               or
               relieve
               ,
               for
               in
               a
               〈…〉
               time
               ,
               upon
               Leases
               were
               reserved
               Corn
               ,
               Cattel●
               Victuals
               ,
               &c.
               which
               was
               called
               Feorme
               :
               so
               that
               although
               
               now
               by
               agreement
               such
               Rent
               is
               turned
               into
               Money
               ,
               yet
               it
               retains
               the
               name
               still
               ,
               and
               as
               well
               the
               Land
               so
               leased
               as
               the
               Rent
               is
               called
               Farm
               ,
               and
               the
               occupyers
               of
               such
               Land
               Farmers
               .
               A
               Farm
               in
               Lancashire
               is
               called
               a
               Fermeholt
               ,
               in
               the
               North
               parts
               a
               Tacke
               ,
               and
               in
               Essex
               a
               Wike
               ,
               and
               was
               antiently
               
               called
               sundus
               .
               By
               the
               grant
               of
               Farmes
               will
               pass
               Leases
               for
               years
               ,
               as
               also
               Houses
               ▪
               Lands
               ,
               &c.
               
            
          
           
             
               FEALTY
               .
            
             
               Fealty
               ,
               it
               is
               the
               most
               generall
               service
               in
               the
               Common
               
               Law
               ,
               for
               it
               is
               incident
               to
               every
               Tenure
               ,
               unless
               it
               be
               a
               Tenure
               in
               Frankalmoigne
               ,
               it
               is
               also
               the
               most
               sacred
               ,
               because
               it
               is
               done
               upon
               oath
               ,
               and
               the
               reason
               wherefore
               the
               Tenant
               is
               not
               sworn
               ,
               in
               doing
               his
               homage
               to
               his
               Lord
               ,
               is
               because
               no
               subject
               is
               sworn-to
               another
               subject
               ,
               to
               become
               his
               man
               of
               life
               and
               member
               ,
               but
               to
               the
               King
               only
               ,
               and
               that
               is
               called
               the
               oath
               of
               allegiance
               ,
               
                 homagium
                 ligeum
              
               ,
               and
               those
               words
               for
               that
               purpose
               are
               omitted
               out
               of
               fealty
               ,
               which
               is
               to
               be
               done
               upon
               oath
               .
            
          
           
             
               FEE-SIMPLE
               .
            
             
               Fee-simple
               ,
               Fee
               cometh
               of
               the
               French
               Fief
               ,
               that
               
               is
               
                 praedium
                 beneficiarum
              
               ,
               and
               legally
               signifieth
               Inheritance
               .
            
          
           
             
             
               FEUDUM
               .
            
             
               Feudum
               ,
               is
               a
               barbarous
               word
               ,
               but
               had
               his
               original
               (
               a●
               I●idore
               saith
               )
               from
               foeaus
               ,
               and
               is
               to
               be
               
               interpreted
               
                 tanquam
                 foeaum
              
               ,
               that
               is
               ,
               a
               thing
               covenanted
               between
               two
               ,
               others
               deduce
               it
               from
               the
               word
               ●ides
               as
               it
               were
               in
               Latin
               Fideum
               and
               by
               a
               
               more
               pleasant
               pronuntiation
               Feudum
               ,
               whereupon
               such
               as
               u●e
               Feudataries
               to
               others
               ,
               are
               called
               in
               Latin
               Fideles
               ,
               because
               they
               owe
               saith
               an
               allegiance
               to
               such
               whose
               Feudataries
               they
               are
               .
            
             
               It
               is
               called
               Fee-simple
               ,
               because
               it
               is
               descendible
               to
               his
               heirs
               generally
               that
               is
               simply
               without
               restraint
               
               to
               the
               heirs
               of
               his
               body
               .
            
             
               A
               man
               may
               have
               a
               Fee-simple
               in
               3
               kinds
               of
               hereditaments
               ,
               viz.
               Reall
               ,
               personal
               and
               mixt
               ,
               reall
               as
               Lands
               and
               Tenements
               .
            
             
               2.
               
               Personall
               ,
               as
               if
               an
               annuity
               be
               granted
               to
               a
               man
               and
               his
               heirs
               .
            
             
               3.
               
               Mixt
               hereditaments
               ,
               as
               when
               the
               King
               createth
               an
               Earl
               of
               such
               a
               County
               ,
               to
               have
               the
               dignity
               to
               him
               and
               his
               heirs
               ,
               this
               dignity
               is
               personall
               ,
               and
               also
               concerneth
               Lands
               and
               Tenements
               .
            
             
               Every
               man
               that
               hath
               a
               Fee-simple
               ,
               hath
               it
               either
               by
               right
               or
               by
               wrong
               ,
               if
               by
               right
               ,
               then
               he
               hath
               it
               either
               by
               purchase
               or
               descent
               .
               If
               by
               wrong
               ,
               
               then
               either
               by
               disseisin
               ,
               intrusion
               ,
               abatement
               ,
               or
               usurpation
               .
            
          
           
             
             
               FEE
               .
            
             
               Fee
               or
               Inheritance
               is
               either
               ,
            
             
               
                 1.
                 
                 Corporeall
                 ,
                 as
                 Lands
                 and
                 Tenements
                 which
                 lie
                 in
                 livery
                 ,
                 these
                 may
                 pass
                 by
                 livery
                 by
                 Deed
                 or
                 
                 without
                 Deed.
                 
              
               
                 2.
                 
                 Incorporeall
                 ,
                 which
                 lyeth
                 in
                 grant
                 ,
                 and
                 cannot
                 pass
                 by
                 livery
                 ,
                 but
                 by
                 Deed
                 ,
                 as
                 advowsons
                 ,
                 
                 Commons
                 .
              
            
          
           
             
               FEES
               .
            
             
               Fees
               ,
               there
               are
               divers
               Opinions
               about
               Knights
               
               sees
               .
               Some
               say
               that
               a
               hide
               or
               a
               plow
               of
               Land
               contains
               10
               Acres
               ,
               and
               that
               80
               hides
               or
               800
               Acres
               of
               Land
               ,
               make
               a
               Knights
               Fee
               ,
               and
               others
               hold
               that
               680
               Acres
               of
               Land
               make
               this
               ,
               but
               a
               Knights
               Fee
               is
               properly
               to
               be
               esteemed
               according
               to
               the
               quality
               and
               not
               the
               quantity
               .
               In
               antient
               time
               men
               thought
               20
               l.
               of
               Lands
               was
               sufficient
               to
               maintain
               the
               degree
               of
               a
               Knight
               ,
               also
               every
               Plow
               of
               Land
               was
               antiently
               worth
               four
               Nobles
               
                 per
                 annum
              
               ,
               and
               this
               the
               life
               of
               a
               yeoman
               ,
               
                 &
                 ex
                 duode●in
              
               
               
                 carucatis
                 constabat
                 unum
                 foedum
                 imlitare
              
               ,
               which
               amounts
               to
               20
               l.
               
                 per
                 annum
              
               .
            
          
           
             
               FEOFFEMENT
               .
            
             
               Feoffement
               ,
               is
               the
               antient
               and
               most
               necessary
               
               conveyance
               ,
               because
               it
               is
               solemn
               and
               publick
               ,
               and
               also
               because
               it
               cleareth
               all
               disseisms
               ,
               abatements
               ,
               intrusions
               ,
               and
               other
               deseasible
               estates
               ,
               where
               the
               entry
               of
               the
               Feoffer
               is
               lawfull
               ,
               which
               neither
               fi●e
               recovery
               ,
               nor
               bargain
               and
               sale
               by
               Deed
               indented
               and
               inrolled
               doth
               ,
               Ephron
               infeoffed
               
                 Abraham
                 Gen.
              
               23.
               
            
             
               If
               a
               contract
               of
               Matrimony
               be
               between
               a
               man
               and
               a
               woman
               ,
               yet
               one
               of
               them
               may
               infeoff
               the
               other
               ,
               for
               yet
               they
               are
               not
               one
               person
               in
               the
               Law
               ,
               insomuch
               as
               if
               the
               woman
               die
               before
               the
               espousal
               
               celebrated
               between
               them
               ,
               the
               man
               to
               whom
               sh●
               
               was
               contracted
               shall
               not
               have
               her
               goods
               as
               her
               Husband
               ,
               but
               the
               woman
               may
               well
               make
               her
               Testament
               without
               his
               consent
               .
               It
               hath
               been
               held
               if
               a
               man
               be
               contracted
               to
               a
               woman
               ,
               
                 &
                 postea
                 cognotit
              
               
               
                 eam
                 carnaliter
              
               ,
               and
               after
               he
               infeof
               her
               of
               a
               plow
               of
               Land
               ,
               and
               put
               her
               in
               seism
               ,
               and
               after
               marry
               her
               
                 in
                 facie
                 Ecclesie
              
               ,
               that
               this
               feoffment
               was
               void
               ,
               because
               it
               was
               done
               
                 post
                 fidem
                 datam
                 ,
                 &
                 carnalem
                 copulam
                 ,
                 &
                 sic
                 tan●uam
                 inter
                 virum
                 &
                 u●●rem
                 ,
              
               insomuch
               as
               marriage
               followed
               ,
               but
               at
               this
               day
               it
               such
               a
               feoffment
               be
               made
               ,
               it
               is
               good
               enough
               .
            
          
           
             
               FELONY
               .
            
             
               Felony
               ,
               is
               so
               called
               either
               of
               the
               Latin
               word
               
               f●●
               ,
               which
               is
               in
               English
               gall
               ,
               or
               of
               the
               antient
               English
               word
               fell
               or
               fierce
               ,
               because
               it
               is
               intended
               to
               be
               done
               with
               a
               cruell
               ,
               bitter
               ,
               fell
               ,
               fierce
               or
               mischievous
               mind
               .
               
                 Significat
                 quod
                 libet
                 capitale
                 crimen
                 felleo
                 animo
                 perpetratum
                 ,
              
               in
               which
               sense
               murder
               is
               said
               to
               be
               done
               
                 prr
                 fel●niam
              
               ,
               and
               in
               antient
               times
               this
               word
               (
               felonice
               )
               was
               of
               so
               large
               an
               extent
               ,
               as
               it
               included
               high
               treason
               ,
               and
               by
               pardon
               of
               all
               felonies
               ,
               high
               treason
               was
               pardoned
               .
            
             
               A
               man
               may
               have
               property
               of
               some
               things
               which
               are
               of
               so
               base
               nature
               ,
               that
               no
               felony
               can
               be
               commited
               of
               them
               ,
               and
               no
               man
               shall
               lose
               for
               them
               life
               or
               member
               ,
               as
               a
               Blood-hound
               and
               a
               Mastiff
               .
            
             
               To
               steal
               fruit
               that
               hangeth
               on
               a
               Tree
               ,
               to
               cut
               down
               and
               carry
               away
               the
               Tree
               it self
               ,
               is
               not
               felony
               ,
               
               but
               these
               things
               be
               part
               of
               the
               Free-hold
               till
               they
               be
               sever'd
               ,
               and
               cannot
               be
               reputed
               for
               any
               chat●els
               .
               But
               if
               I
               gather
               mine
               Apples
               or
               cut
               down
               a
               Tree
               of
               mine
               own
               ,
               then
               may
               another
               become
               a
               felon
               by
               taking
               away
               either
               of
               them
               .
            
             
               Felony
               cannot
               be
               comitted
               by
               the
               taking
               of
               beasts
               that
               be
               savage
               ,
               if
               they
               be
               savage
               and
               untamed
               
               at
               the
               time
               of
               taking
               ,
               nor
               for
               taking
               of
               Doves
               
               being
               out
               of
               a
               Dove-coat
               ,
               not
               for
               taking
               of
               fishes
               being
               at
               large
               in
               a
               River
               ,
               for
               such
               taking
               is
               not
               
                 contrectatio
                 rei
                 alienae
                 ,
                 sed
                 quae
                 est
                 nullius
                 in
                 bonis
                 ,
              
               but
               the
               stealing
               of
               a
               Doe
               which
               is
               tame
               and
               domesticall
               is
               felony
               ,
               but
               as
               M
               r
               Stamford
               well
               noteth
               ,
               it
               seemeth
               that
               he
               that
               stealeth
               it
               should
               have
               certain
               knowledg
               that
               it
               is
               tame
               ;
               but
               if
               the
               Doe
               be
               killed
               ,
               and
               then
               stolen
               ,
               this
               is
               certainly
               felony
               ,
               saith
               he
               .
               So
               if
               one
               break
               a
               Dove-coat
               ,
               and
               take
               out
               the
               young
               Pigeons
               
               which
               cannot
               go
               nor
               ily
               ,
               this
               is
               felony
               ,
               or
               steal
               Fish
               out
               of
               a
               pond
               or
               trunk
               ,
               or
               young
               goshawks
               ingendered
               in
               my
               Park
               ,
               which
               cannot
               go
               nor
               ily
               .
            
             
               The
               punishment
               of
               a
               felon
               is
               grievous
               .
            
             
               
                 1.
                 
                 He
                 loseth
                 his
                 life
                 ,
                 his
                 judgment
                 is
                 to
                 hung
                 by
                 the
                 neck
                 untill
                 he
                 be
                 dead
                 .
                 
              
               
                 2.
                 
                 He
                 loseth
                 it
                 in
                 an
                 odious
                 manner
                 ,
                 by
                 hanging
                 between
                 Heaven
                 and
                 earth
                 ,
                 as
                 unworthy
                 o●
                 both
                 .
              
               
                 3.
                 
                 His
                 blood
                 is
                 corrupted
                 and
                 stained
                 that
                 his
                 Children
                 cannot
                 inherit
                 to
                 him
                 nor
                 any
                 other
                 Ancestors
                 .
                 
              
               
                 4.
                 
                 He
                 shall
                 forfeit
                 all
                 his
                 Lands
                 and
                 Tenements
                 which
                 he
                 hath
                 in
                 Fee
                 ,
                 and
                 in
                 tail
                 ,
                 and
                 for
                 Tenour
                 of
                 his
                 life
                 .
              
               
                 5.
                 
                 All
                 his
                 goods
                 and
                 chattels
                 .
              
               
                 6.
                 
                 His
                 Wife
                 shall
                 lose
                 her
                 dower
                 ,
                 thus
                 severe
                 it
                 wa●
                 at
                 the
                 Common
                 Law
                 ,
                 that
                 men
                 should
                 fear
                 to
                 commit
                 felony
                 ,
                 
                   ut
                   poena
                   ad
                   paucos
                   ,
                   metus
                   ad
                   omnes
                   perveniat
                   .
                
              
            
             
             
               An
               act
               Anno
               21
               
                 Iacobi
                 Regis
              
               ,
               concerning
               women
               convicted
               of
               small
               felonies
               ,
               continued
               
                 tertio
                 Caroli
                 cap.
              
               4.
               to
               the
               end
               of
               the
               first
               Sessions
               of
               the
               next
               Parliament
               .
            
             
               Whereas
               women
               having
               not
               the
               benefit
               of
               Clergy
               ,
               do
               suffer
               death
               for
               small
               causes
               ,
               be
               it
               enacted
               that
               a
               woman
               lawfully
               convict
               of
               felonious
               taking
               of
               any
               goods
               above
               twelve
               pence
               ,
               and
               under
               ten
               Shillings
               value
               ,
               or
               as
               accessary
               to
               such
               offence
               ,
               the
               same
               being
               not
               burglary
               ,
               nor
               robbery
               ,
               nor
               privy
               stealing
               from
               the
               person
               (
               but
               only
               such
               an
               offence
               for
               which
               a
               man
               shall
               have
               Clergy
               )
               she
               shall
               for
               the
               first
               time
               be
               branded
               upon
               the
               brawn
               of
               the
               left
               thumb
               with
               a
               hot
               iron
               having
               a
               Roman
               T
               by
               the
               Ga●ler
               in
               open
               Court
               ,
               and
               further
               punished
               
               by
               imprisonment
               ,
               whipping
               ,
               stocking
               ,
               house
               of
               correction
               ,
               and
               for
               so
               long
               time
               not
               exceeding
               a
               year
               ,
               as
               the
               ludge
               shall
               think
               meet
            
             
               The
               Civil
               Laws
               do
               judg
               open
               theft
               to
               be
               satisfied
               by
               the
               recompence
               of
               four-fold
               ,
               and
               private
               theft
               ,
               by
               the
               recompence
               of
               double
               .
               But
               the
               Laws
               of
               England
               suffer
               neither
               of
               these
               offences
               to
               be
               more
               favourably
               punished
               then
               with
               the
               offendors
               death
               ,
               if
               the
               value
               of
               the
               thing
               stollen
               be
               above
               twelve
               pence
               .
            
             
               If
               a
               man
               be
               adjudged
               to
               be
               hanged
               ,
               and
               the
               Sheriff
               
               be
               commanded
               that
               it
               be
               executed
               ,
               and
               he
               be
               head
               him
               ,
               this
               is
               felony
               in
               the
               Sheriff
               ,
               because
               the
               order
               of
               Law
               is
               not
               observed
               .
            
          
           
             
               FELO
               DE
               SE.
               
            
             
               If
               a
               man
               of
               
                 non
                 sanae
                 memoriae
              
               give
               to
               himself
               a
               mortall
               wound
               ,
               and
               before
               he
               dieth
               he
               become
               of
               sound
               memory
               ,
               and
               after
               dieth
               of
               the
               same
               wound
               ,
               in
               this
               Case
               ,
               although
               he
               die
               of
               sound
               memory
               ,
               by
               
               reason
               of
               his
               proper
               stroke
               ,
               yet
               because
               the
               original
               cause
               was
               committed
               ,
               being
               not
               of
               sound
               
               memory
               ,
               he
               shall
               not
               be
               
                 felo
                 de
                 se
              
               ,
               because
               the
               death
               hath
               relation
               to
               the
               original
               act
               .
            
             
               By
               the
               common
               Law
               if
               a
               man
               kill
               himself
               he
               is
               called
               
                 felo
                 de
                 se
              
               ,
               and
               he
               doth
               only
               forfeit
               hi●
               goods
               and
               chattels
               ,
               but
               not
               his
               Lands
               ,
               neither
               dot●
               this
               work
               corruption
               of
               Blood
               ,
               no●
               the
               Wife
               lose
               her
               Dower
               ,
               because
               it
               is
               no
               attainder
               in
               deed
               .
            
             
               He
               that
               is
               
                 felo
                 de
                 se
              
               shall
               not
               have
               Christian
               buriall
               ,
               and
               all
               his
               goods
               and
               chattels
               are
               forfeited
               to
               the
               King
               ,
               and
               by
               his
               Almner
               are
               to
               be
               distributed
               to
               pious
               uses
               (
               heretofore
               )
               
                 in
                 salutem
                 animoe
              
               .
            
          
           
             
               FINE
               .
            
             
               Fine
               ,
               This
               word
               (
               Finis
               )
               hath
               divers
               significations
               
               in
               the
               Law
               ,
               
                 quia
                 aliquando
                 significat
                 pretium
                 aliquando
                 poenam
                 ,
                 aliquando
                 pacem
                 .
              
            
             
               For
               1.
               
               The
               price
               or
               summe
               which
               is
               the
               cause
               of
               obtaining
               a
               benefit
               ,
               is
               called
               a
               fine
               :
               as
               a
               fine
               for
               alienation
               for
               admission
               to
               a
               Copy-hold
               for
               obtaining
               of
               Leases
               .
            
             
               2.
               
               What
               the
               offender
               gives
               in
               satisfaction
               of
               his
               offences
               ,
               is
               called
               a
               fine
               also
               ,
               and
               in
               this
               sense
               
                 dicitur
                 poena
              
               .
            
             
               3.
               
               The
               assurance
               which
               makes
               men
               to
               enjoy
               their
               Lands
               and
               Inheritance
               ,
               is
               called
               
                 finis
                 quia
                 ●inem
                 litibus
                 imponit
              
               .
            
             
               They
               are
               all
               so
               called
               ,
               because
               they
               are
               the
               ends
               or
               causes
               of
               the
               ends
               of
               all
               such
               business
               .
            
             
               Of
               fines
               taken
               of
               Copyholders
               ,
            
             
               Some
               be
               certain
               by
               custom
               ,
            
             
               And
               some
               be
               uncertain
               .
            
             
               But
               that
               fine
               though
               it
               be
               incertus
               ,
               yet
               it
               must
               be
               rationabilis
               ,
               and
               that
               reasonableness
               shall
               be
               discussed
               by
               the
               Justices
               upon
               the
               true
               circumstances
               
               of
               the
               Case
               appearing
               unto
               them
               ,
               and
               if
               the
               Court
               where
               the
               cause
               dependeth
               ,
               adjudgeth
               the
               
               fine
               exacted
               unreasonable
               ,
               then
               is
               not
               the
               Copy-holder
               compellable
               to
               pay
               it
               .
            
          
           
             
               FLIGHT
               .
            
             
               Flight
               ,
               one
               shall
               forfeit
               his
               chattels
               upon
               a
               
                 sugam
                 fecit
              
               ,
               notwithstanding
               that
               he
               be
               acquitted
               of
               the
               same
               felony
               ,
               and
               he
               shall
               forfeit
               them
               ,
               
               although
               he
               have
               his
               Charter
               of
               pardon
               for
               the
               same
               felony
               .
               One
               may
               fly
               for
               felony
               ,
               and
               yet
               he
               shall
               forfeit
               nothing
               ,
               as
               where
               one
               is
               arrested
               for
               suspicion
               of
               Felony
               and
               escapes
               ,
               yet
               for
               this
               he
               shall
               not
               forfeit
               his
               goods
               ,
               if
               he
               were
               not
               taken
               with
               the
               manner
               ,
               or
               at
               the
               suit
               of
               the
               party
               ,
               or
               endicted
               of
               the
               same
               .
            
             
               When
               a
               true
               man
               is
               pursued
               as
               a
               felon
               ,
               and
               he
               ●lieth
               and
               waveth
               his
               own
               goods
               ,
               these
               are
               forfeited
               ,
               
               as
               if
               they
               had
               been
               goods
               st●llen
               .
               
                 Fatetur
                 facinus
                 ,
                 qui
                 judicium
                 fugit
                 .
              
               Those
               that
               ●ly
               for
               fear
               of
               the
               offence
               (
               we
               call
               it
               a
               
                 sugam
                 fecit
              
               )
               forfeit
               their
               chattels
               .
            
          
           
             
               FLOATSOM
               .
            
             
               Floatsom
               ,
               is
               when
               a
               Ship
               is
               drowned
               ,
               or
               otherwise
               perished
               ,
               and
               the
               goods
               ●loat
               upon
               the
               Sea
               ,
               
               and
               they
               are
               given
               to
               the
               Lord
               Admiral
               by
               his
               Letters
               Pattents
               .
            
          
           
             
               FORCE
               .
            
             
               Force
               ,
               prohibited
               by
               the
               Statutes
               ,
               must
               be
               either
               
                 manu
                 f●rti
              
               ,
               with
               sorce
               or
               strong
               hand
               ,
               or
               multitudine
               ,
               
               with
               multitude
               of
               people
               .
            
             
               The
               Counsellours
               and
               Committers
               of
               ●orce
               are
               alike
               punished
               .
            
          
           
             
             
               FORGING
               .
            
             
               Forging
               of
               Deeds
               ,
               To
               forge
               is
               metaphorically
               taken
               from
               the
               Smith
               ,
               who
               beareth
               upon
               his
               Anvill
               ,
               and
               forgeth
               what
               fashion
               or
               ▪
               shape
               he
               will.
               
            
          
           
             
               FORMEDON
               .
            
             
               Formedon
               ,
               is
               so
               called
               ,
               because
               the
               W●it
               doth
               comprehend
               the
               form
               of
               the
               gift
               .
               There
               be
               three
               kinds
               of
               Writs
               
                 Formed●n
                 ,
                 ●i●
              
               .
            
             
               The
               first
               in
               the
               descender
               ,
               to
               be
               brought
               by
               issue
               in
               tail
               ,
               which
               claim
               by
               descent
               
                 per
                 formam
              
               
               doni
               .
            
             
               The
               second
               is
               in
               the
               Reverter
               ,
               which
               lieth
               for
               him
               in
               the
               reversion
               ,
               or
               his
               Hel●●
               or
               Assignes
               ,
               after
               the
               State
               tail
               is
               spent
               .
            
             
               The
               third
               is
               ,
               the
               remainder
               which
               the
               Law
               giveth
               to
               him
               in
               the
               remainder
               ,
               his
               Heirs
               or
               Assigns
               after
               the
               determination
               of
               the
               estate
               tail
               .
            
          
           
             
               FOUNDATION
               .
            
             
               Foundation
               ,
               the
               foundation
               of
               a
               Colledge
               or
               Hospitall
               is
               called
               ,
               
                 fundati●
                 ,
                 ●uasi
                 fundi
                 datio
                 ,
                 vel
              
               
               
                 fundamenti
                 locatio
              
               .
            
          
           
             
               FRANCHISE
               .
            
             
               Franchise
               ,
               is
               a
               priviledge
               from
               ordinary
               jurisdiction
               ,
               and
               it
               is
               called
               a
               Franchise
               Royall
               in
               some
               
               Statutes
               ,
               where
               the
               Kings
               Writ
               runneth
               not
               ,
               as
               when
               the
               King
               granteth
               to
               one
               and
               his
               Heirs
               ,
               that
               they
               shall
               be
               quit
               of
               toll
               .
            
          
           
             
               FRANKALMOIGNE
               .
            
             
               Frankalmoigne
               ,
               in
               Latin
               ,
               
                 libera
                 eleemosyna
              
               ,
               in
               English
               free
               Alms
               ,
               is
               when
               a
               man
               in
               antient
               time
               before
               the
               Statute
               of
               
                 quia
                 emptores
                 terrarum
              
               ,
               had
               infeoffed
               an
               Ecclesiasticall
               person
               whether
               regular
               ,
               as
               Abbo●s
               ,
               Priors
               ,
               &c.
               or
               secular
               ,
               as
               Bishops
               ,
               Deans
               ,
               and
               Chapters
               ,
               Arch-Deacons
               ,
               Prebends
               ,
               Parsons
               ,
               
               Vicars
               ,
               &c.
               to
               have
               and
               hold
               to
               them
               and
               their
               succes●ors
               ,
               to
               hold
               of
               the
               feoffe●
               ,
               and
               his
               Heirs
               in
               frankalmoigne
               .
            
             
               There
               is
               an
               Officer
               in
               the
               Kings
               house
               called
               Eleemosynarius
               ,
               the
               Kings
               
                 Almn●r
                 ▪
              
            
          
           
             
               FRANK-TENEMENT
               .
            
             
               
                 Frank-Tenement
                 ,
                 Free-h●ld
              
               ,
               is
               an
               estate
               that
               a
               man
               hath
               in
               Lands
               or
               Tenements
               ,
               for
               term
               of
               his
               own
               life
               ,
               or
               of
               anothers
               li●e
               ,
               in
               dower
               or
               by
               the
               co●●tesie
               of
               England
               ,
               and
               under
               that
               there
               is
               no
               free-hold
               ,
               for
               he
               that
               hath
               estate
               for
               years
               ,
               or
               holdeth
               at
               will
               ,
               hath
               no
               freehold
               ,
               but
               they
               are
               called
               cha●tels
               .
            
             
               A
               Tenement
               cannot
               be
               said
               to
               be
               free-hold
               ,
               except
               it
               touch
               the
               earth
               ,
               and
               therefore
               a
               Chamber
               built
               upon
               a
               Hall
               or
               Parlor
               ,
               cannot
               be
               said
               to
               be
               free-hold
               ,
               because
               it
               cannot
               be
               perpetuall
               ,
               for
               the
               foundation
               may
               perish
               ,
               and
               therefore
               it
               cannot
               be
               demanded
               by
               plain●
               or
               Writ
               .
            
             
               Tenant
               in
               ●ee
               ,
               tenant
               in
               tail
               and
               for
               life
               ,
               are
               said
               to
               have
               a
               frank-tenement
               ,
               a
               free-hold
               so
               called
               ,
               because
               
               it
               doth
               distinguish
               it
               from
               termes
               of
               years
               ,
               chattels
               upon
               uncertain
               interests
               ,
               Lands
               in
               villenage
               ,
               cus●omary
               or
               copy-hold
               Lands
               .
               
            
             
               Free-man
               .
               A
               man
               may
               be
               
                 liber
                 homo
              
               a
               free-man
               in
               London
               three
               waies
               .
            
             
               
                 1.
                 
                 By
                 service
                 ,
                 as
                 he
                 who
                 hath
                 served
                 his
                 Apprentiship
                 .
              
               
                 2
                 By
                 Birth-right
                 ,
                 as
                 he
                 which
                 is
                 the
                 Son
                 of
                 a
                 Free-man
                 of
                 London
                 .
              
               
                 3.
                 
                 By
                 Redemption
                 ,
                 that
                 is
                 ,
                 allowance
                 of
                 the
                 Court
                 of
                 the
                 Major
                 and
                 Aldermen
                 .
              
            
          
           
             
             
               FRESH-SUIT
               .
            
             
               
                 Fresh
                 ▪
                 Suit
              
               ,
               〈…〉
               ner
               which
               escapeth
               be
               out
               of
               vi●w
               ,
               〈…〉
               be
               made
               ,
               and
               he
               be
               〈…〉
               
                 〈…〉
                 ins●cuti●e
              
               ,
               he
               shall
               be
               in
               
               execution
               ,
               〈…〉
               her
               wife
               at
               the
               turning
               of
               a
               corner
               or
               by
               〈…〉
               a
               house
               ,
               or
               by
               other
               means
               ,
               the
               the
               prisone●
               may
               be
               out
               of
               view
               .
            
          
        
         
           
             G.
             
          
           
             
               GAVELKIND
               .
            
             
               GAvelkind
               ,
               is
               a
               Custom
               annexed
               ▪
               with
               Lands
               in
               Kent
               ,
               by
               which
               all
               the
               Brethren
               shall
               inherit
               together
               ,
               as
               Sisters
               at
               the
               Common
               
               Law.
               It
               is
               called
               Gavelkind
               ,
               either
               
                 of
                 give
                 all
                 kin
              
               ,
               that
               is
               ,
               to
               all
               the
               kindred
               in
               one
               line
               ,
               according
               as
               it
               is
               used
               among
               the
               Germanes
               ,
               from
               
               whom
               we
               Englishmen
               ,
               and
               chiefly
               of
               Kent
               come
               ,
               or
               of
               
                 give
                 all
                 ●ind
              
               ,
               that
               is
               ,
               to
               all
               the
               Male-children
               ,
               for
               ●ind
               in
               Dutch
               signifieth
               a
               Male-child
               .
               But
               now
               by
               the
               Star●te
               31
               H.
               8
               A
               great
               part
               of
               Kent
               is
               ●●●e
               desceadible
               to
               the
               Eldest
               Sonne
               according
               to
               the
               course
               of
               the
               Common
               Law
               ,
               because
               by
               that
               Custom
               ,
               d●vers
               antient
               and
               great
               Families
               after
               a
               few
               descents
               come
               to
               very
               little
               or
               
               nothing
               .
            
             
               
                 In
                 〈…〉
                 ties
                 riv●s
                 deducitur
                 amnis
                 .
              
               
                 ●●●
                 minor
                 ,
                 ac●unda
                 deficiente
                 perit
                 .
              
            
             
               After
               that
               William
               Duke
               of
               Normandie
               had
               
               invaded
               and
               conquered
               all
               
                 England
                 ,
                 Kent
              
               only
               
               excepted
               ,
               atlast
               also
               the
               Kenti●h
               men
               yeilded
               ,
               but
               upon
               condition
               that
               they
               might
               enjoy
               their
               antient
               customes
               of
               Gavelkind
               ,
               which
               was
               granted
               unto
               them
               ,
               and
               since
               hath
               continued
               .
            
             
               In
               Gavelkind
               ,
               though
               the
               Father
               be
               hanged
               ,
               
               the
               Sonne
               shall
               inherit
               ,
               for
               their
               Custom
               is
               ,
               
                 The
                 Father
                 to
                 the
                 bough
                 ,
                 and
                 the
                 Son
                 to
                 the
                 plow.
                 
              
            
             
               The
               Wise
               shall
               have
               the
               moi●y
               of
               the
               Lands
               of
               her
               Husband
               ,
               so
               long
               as
               she
               lives
               unmarried
               ,
               and
               
               of
               Lands
               in
               Gavelkind
               ,
               a
               man
               shall
               be
               Tenant
               by
               the
               courtesie
               ,
               without
               having
               of
               any
               issue
               .
            
             
               If
               a
               man
               make
               a
               gift
               intail
               of
               Lands
               in
               Gavelkind
               ,
               to
               a
               man
               and
               his
               Heirs
               ,
               Males
               of
               his
               body
               
               lawfully
               begotten
               ,
               and
               hath
               issue
               Sonnes
               ,
               in
               this
               case
               all
               the
               Sonnes
               shall
               inherit
               ,
               but
               if
               a
               Lea●e
               for
               life
               be
               made
               of
               Lands
               in
               Gavel-kind
               ,
               the
               remainder
               to
               the
               right
               Heirs
               of
               
                 I.
                 S.
              
               and
               
                 I.
                 S.
              
               die
               having
               issue
               4
               Sons
               ,
               in
               this
               case
               the
               eldest
               Sonne
               only
               shall
               have
               the
               remainder
               ,
               he
               only
               can
               be
               a
               right
               Heir
               in
               case
               of
               purchase
               .
            
          
           
             
               GENERAL
            
             
               Generall
               ,
               If
               one
               speak
               grosly
               ,
               it
               shall
               be
               understood
               
               
                 secundum
                 excellentiam
              
               ,
               as
               of
               the
               Feast
               of
               ●ichael
               ,
               it
               shall
               be
               understood
               of
               the
               Arch-Angel
               ,
               as
               the
               more
               worthy
               and
               notorious
               .
            
          
           
             
               GRAND
               SERIEANTY
               .
            
             
               
                 Grand
                 Serjeanty
              
               ,
               is
               where
               a
               man
               holdeth
               of
               the
               
               King
               certain
               Lands
               ,
               by
               the
               service
               of
               carrying
               of
               his
               Banner
               or
               Launce
               ,
               or
               to
               lead
               his
               Host
               ,
               or
               to
               be
               his
               Carver
               ,
               or
               Butler
               at
               his
               Coronation
               .
            
             
               The
               Demockes
               hold
               a
               Mannour
               of
               Scrivel
               ,
               by
               service
               of
               
                 Grand
                 Serjeanty
                 ,
                 viz.
              
               That
               whensoever
               any
               King
               of
               England
               is
               to
               be
               crowned
               ,
               then
               the
               Lord
               of
               this
               Mannour
               ,
               for
               the
               time
               being
               ,
               or
               some
               one
               in
               his
               Name
               (
               if
               himself
               be
               unable
               )
               shall
               
               come
               well
               armed
               for
               the
               Warre
               ,
               mounted
               upon
               a
               
               good
               horse
               of
               service
               ,
               in
               the
               presence
               of
               the
               Soveraigne
               Lord
               the
               King
               upon
               his
               Coronation
               day
               ,
               and
               cause
               proclamation
               to
               be
               made
               ,
               that
               if
               any
               man
               will
               avouch
               that
               the
               said
               Soveraign
               Lord
               the
               King
               ,
               hath
               not
               right
               to
               his
               Kingdom
               and
               Crown
               ,
               he
               will
               be
               prest
               and
               ready
               to
               defend
               the
               right
               of
               the
               King
               of
               his
               Kingdom
               ,
               of
               his
               Crown
               and
               dignity
               ,
               with
               his
               body
               against
               him
               and
               all
               others
               whatsoever
               .
            
          
           
             
               GRANGE
               .
            
             
               Grange
               ,
               in
               legall
               Latin
               Grangea
               is
               a
               House
               or
               Edifice
               not
               only
               where
               Corn
               is
               stored
               up
               like
               as
               in
               Barnes
               ,
               but
               necessary
               places
               for
               Husbandry
               also
               ,
               as
               Stables
               for
               Hay
               and
               Horses
               ,
               and
               Styes
               for
               other
               Cattle
               ,
               and
               by
               the
               grant
               of
               a
               Grange
               ,
               which
               is
               often
               in
               Conveyances
               ,
               will
               pass
               such
               places
               as
               aforesaid
               .
            
          
           
             
               GRANT
               .
            
             
               Grant.
               It
               is
               a
               maxim
               in
               Law
               that
               every
               mans
               
               Grant
               shall
               be
               taken
               by
               construction
               of
               Law
               most
               forcible
               against
               himself
               ,
               which
               is
               so
               to
               be
               understood
               ,
               that
               no
               wrong
               be
               thereby
               done
               ,
               for
               it
               is
               another
               maxim
               in
               Law
               ,
               
                 quód
                 legis
                 constructio
                 non
                 facit
                 injuriam
                 .
              
               And
               therefore
               if
               a
               Tenant
               for
               life
               maketh
               a
               lease
               generally
               ,
               this
               shall
               be
               taken
               by
               construction
               of
               Law
               ,
               an
               estate
               for
               his
               own
               lite
               that
               made
               the
               Lease
               ,
               for
               if
               it
               should
               be
               a
               Lease
               for
               
               the
               life
               of
               the
               Lessee
               ,
               it
               should
               be
               a
               wrong
               to
               him
               in
               the
               reversion
               .
               So
               if
               Tenant
               in
               tail
               make
               a
               Lease
               generally
               ,
               the
               Law
               shall
               suppose
               this
               to
               be
               such
               a
               Lease
               as
               he
               may
               lawfully
               make
               ,
               and
               that
               is
               for
               term
               of
               his
               own
               life
               ,
               for
               if
               it
               should
               be
               for
               life
               of
               the
               Lessee
               ,
               it
               should
               be
               a
               discontinuance
               ,
               and
               consequently
               the
               state
               which
               should
               pass
               by
               construction
               of
               Law
               should
               make
               a
               wrong
               .
            
             
             
               Where
               the
               grant
               is
               impossible
               to
               take
               effect
               ,
               according
               
               to
               the
               Letter
               ,
               there
               the
               Law
               shall
               make
               such
               a
               construction
               ,
               as
               the
               gift
               by
               possibility
               may
               take
               effect
               .
               
                 Ben●g●è
                 faciendae
                 sunt
                 interpretationes
                 chartarum
                 propter
                 simplicitatem
                 Laicorum
                 ,
                 ut
                 res
                 magis
                 valeat
                 quam
                 pereat
                 ,
              
               that
               the
               thing
               may
               
               rather
               be
               strengthened
               then
               void
               ,
               for
               if
               Writs
               be
               not
               formally
               made
               ,
               they
               shall
               abate
               ,
               which
               is
               no
               greater
               prejudice
               ,
               then
               the
               purchasing
               of
               a
               new
               Writ
               ,
               but
               if
               the
               Grant
               be
               void
               ,
               the
               patty
               hath
               no
               remedy
               .
            
             
               If
               two
               Tenants
               in
               common
               be
               ,
               and
               they
               grant
               a
               Rent
               of
               20
               ●
               .
               
                 per
                 annum
              
               out
               of
               their
               Land
               ,
               the
               Grantee
               shall
               have
               two
               Rents
               of
               20
               Shillings
               ,
               because
               every
               mans
               grant
               shall
               be
               taken
               most
               strongly
               against
               himself
               ,
               and
               therefore
               they
               be
               severall
               grants
               in
               Law.
               But
               if
               they
               two
               make
               a
               gift
               in
               tail
               ,
               or
               Lease
               for
               life
               ,
               reserving
               20
               s.
               
               Rent
               to
               them
               and
               their
               Heirs
               ,
               they
               shall
               have
               but
               one
               twenty
               Shillings
               ,
               for
               they
               shall
               have
               no
               more
               then
               themselves
               reserved
               ,
               and
               the
               Donee
               or
               Lessee
               shall
               pay
               but
               20
               s.
               according
               to
               their
               own
               express
               reservation
               .
            
             
               If
               a
               man
               have
               five
               horses
               ●in
               his
               Stable
               ,
               and
               he
               
               give
               to
               me
               one
               of
               his
               Horses
               in
               his
               Stable
               ,
               now
               I
               shall
               take
               which
               Horse
               I
               will.
               
            
             
               If
               a
               man
               grant
               an
               annuity
               out
               of
               certain
               Land
               ,
               and
               he
               hath
               no
               Land
               at
               the
               time
               of
               the
               grant
               ,
               yet
               the
               grant
               shall
               charge
               his
               person
               .
            
             
               The
               Law
               saith
               that
               benefits
               from
               the
               Crown
               are
               strictae
               ,
               nay
               
                 strictissimae
                 interpretationis
              
               ,
               because
               in
               such
               grants
               so
               much
               is
               taken
               away
               from
               the
               publick
               (
               which
               is
               chiefly
               to
               be
               tendered
               )
               as
               is
               imparted
               to
               the
               private
               .
            
             
               If
               a
               man
               hath
               Mines
               hidden
               within
               his
               ground
               ,
               
               and
               lets
               ●is
               ground
               and
               all
               the
               Mines
               with
               it
               ,
               the
               Lessee
               may
               dig
               for
               them
               ,
               for
               
                 quando
                 aliquis
                 aliquid
              
               
               
                 concedit
                 ,
                 con●edere
                 videtur
                 &
                 id
                 sine
                 quo
                 res
                 ipsa
                 esse
              
               
               
                 non
                 p●test
              
               .
            
             
               The
               Queen
               is
               an
               exempt
               person
               from
               the
               King
               by
               the
               Common
               Law
               ,
               and
               is
               of
               ability
               and
               capacity
               to
               purchase
               and
               grant
               without
               the
               King.
               
            
             
               If
               a
               man
               grant
               certain
               Land
               to
               one
               
                 cum
                 communia
              
               
               
                 in
                 omnibus
                 terris
                 suis
              
               ,
               and
               express
               not
               any
               certain
               place
               ,
               he
               shall
               have
               common
               in
               all
               his
               Lands
               ,
               which
               he
               had
               at
               the
               time
               of
               the
               grant
               .
            
             
               A
               man
               grants
               all
               his
               Trees
               and
               wood
               upon
               B.
               acre
               ,
               that
               may
               reasonably
               be
               spared
               ,
               this
               is
               a
               void
               
               grant
               ,
               unless
               it
               be
               referred
               to
               a
               third
               persons
               judgment
               ,
               what
               may
               be
               spared
               .
            
             
               If
               the
               King
               grant
               to
               me
               that
               I
               shall
               not
               be
               Sheriff
               without
               shewing
               of
               what
               County
               ,
               this
               is
               void
               
               for
               the
               uncertainty
               ,
               
                 quia
                 concessi●
                 per
                 regem
                 oportet
                 fieri
                 de
                 certitudine
                 ,
              
               but
               if
               the
               grant
               was
               
                 quòd
                 non
                 erit
                 vicecomes
                 alicujus
                 comitatus
                 ,
              
               there
               such
               a
               grant
               is
               good
               ,
               when
               the
               words
               of
               a
               grant
               are
               not
               sufficient
               
                 ex
                 vi
                 termini
              
               to
               pass
               the
               thing
               granted
               ,
               but
               the
               grant
               is
               utterly
               void
               ,
               there
               a
               
                 non
                 obstante
              
               connot
               make
               the
               grant
               good
               .
            
             
               The
               Lord
               Chancellour
               of
               England
               ,
               the
               Justices
               of
               the
               Kings
               Bench
               or
               Common
               Pleas
               ,
               and
               Barons
               of
               the
               Exchequer
               ,
               cannot
               grant
               their
               Offices
               over
               to
               other
               persons
               ,
               nor
               occupy
               them
               by
               Deputy
               .
               If
               an
               annuity
               be
               granted
               to
               
               me
               
                 pro
                 consilio
                 in
                 posterum
                 impendendo
              
               ,
               I
               cannot
               grant
               this
               ,
               unless
               it
               be
               granted
               to
               me
               and
               my
               Assigns
               .
            
             
               A
               Parson
               may
               grant
               to
               another
               the
               moity
               of
               his
               Tythes
               for
               years
               ,
               whether
               it
               be
               Lamb
               ,
               Wool
               or
               Corn
               ,
               and
               yet
               he
               hath
               no
               possession
               of
               them
               ,
               because
               
               they
               are
               not
               yet
               
                 in
                 esse
              
               .
               But
               yet
               he
               hath
               an
               interest
               in
               them
               ,
               and
               may
               grant
               the
               moity
               of
               them
               ,
               as
               well
               as
               one
               may
               grant
               to
               another
               that
               it
               
               shall
               be
               lawfull
               for
               him
               to
               take
               every
               year
               a
               Deer
               or
               a
               Hare
               ,
               or
               a
               Cony
               within
               his
               soil
               ,
               this
               is
               a
               good
               grant
               .
            
          
        
         
           
             H
          
           
             
               HARRIOT
               .
            
             
               HArriot
               ,
               in
               the
               Saxon
               tongue
               is
               called
               Hergeat
               ,
               
               that
               is
               ,
               the
               Lords
               Beast
               ,
               for
               Here
               is
               Lord
               ,
               and
               geat
               is
               best
               .
            
             
               Harriot
               is
               in
               two
               sorts
               .
            
             
               
                 1.
                 
                 Harriot
                 Custom
                 ,
                 where
                 Harriots
                 have
                 been
                 paid
                 time
                 out
                 of
                 mind
                 by
                 custom
                 ,
                 and
                 this
                 may
                 be
                 after
                 the
                 death
                 of
                 the
                 Tenant
                 for
                 life
                 .
                 Harriot
                 is
                 the
                 best
                 Beast
                 (
                 whether
                 it
                 be
                 Horse
                 ,
                 Ox
                 ,
                 or
                 Cow
                 )
                 that
                 the
                 Tenant
                 had
                 at
                 the
                 time
                 of
                 his
                 death
                 .
              
               
                 2.
                 
                 Harriot
                 service
                 ,
                 when
                 one
                 holds
                 by
                 such
                 service
                 to
                 pay
                 Harriot
                 at
                 the
                 time
                 of
                 his
                 death
                 ,
                 this
                 is
                 payable
                 after
                 the
                 death
                 of
                 the
                 Tenant
                 in
                 Fee-simple
                 .
              
            
             
               For
               Herriot
               service
               the
               Lord
               shall
               distrain
               ,
               and
               for
               Herriot
               custom
               ,
               he
               shall
               seise
               ,
               and
               not
               distrain
               .
               
            
             
               If
               the
               Lord
               purchase
               part
               of
               the
               Tenancy
               ,
               herriot
               service
               is
               extinguished
               ,
               but
               it
               is
               not
               so
               in
               herriot
               
               custom
            
             
               In
               34
               Ed.
               3.
               it
               is
               holden
               that
               if
               any
               Tenant
               wh●ch
               holdeth
               of
               me
               by
               a
               herriot
               ,
               alien
               parcell
               of
               Land
               to
               another
               ,
               every
               one
               is
               chargeable
               to
               me
               of
               a
               herriot
               ,
               because
               it
               is
               entire
               ,
               and
               if
               the
               Tenant
               purchase
               the
               Land
               again
               ,
               I
               shall
               have
               of
               him
               for
               every
               portion
               a
               herriot
               .
            
             
             
               If
               the
               Lord
               ought
               to
               have
               an
               Herriot
               when
               his
               
               Tenant
               dieth
               ,
               and
               the
               Tenant
               deviseth
               away
               all
               his
               goods
               ,
               yet
               the
               Lord
               shall
               have
               his
               Herriot
               ,
               for
               the
               Law
               preferreth
               the
               Custom
               before
               the
               devise
               .
            
          
           
             
               HEIR
               .
            
             
               Heir
               ,
               in
               the
               legall
               understanding
               of
               the
               Common
               
               Law
               implyeth
               that
               he
               is
               
                 ex
                 justis
                 nuptiis
                 procreatus
              
               ,
               for
               
                 haeres
                 legitimus
                 est
                 quem
                 nuptiae
                 de
                 monstrant
                 ,
              
               and
               is
               he
               to
               whom
               Lands
               ,
               Tenements
               ,
               or
               hereditaments
               ,
               by
               the
               Act
               of
               God
               ,
               and
               
               right
               of
               blood
               do
               descend
               ,
               of
               some
               Estate
               of
               Inheritance
               .
            
             
               Every
               Heir
               is
               either
               a
               Male
               or
               a
               Female
               ,
               or
               an
               Hermophrodite
               ,
               that
               is
               both
               Male
               and
               Female
               .
               And
               an
               Hermophrodite
               (
               which
               is
               also
               called
               Andr●gynus
               )
               shall
               be
               Heir
               ,
               either
               as
               Male
               or
               Female
               according
               to
               that
               kind
               of
               the
               sex
               which
               doth
               prevail
               .
            
             
               
                 Hermaphrodita
                 ,
                 tam
                 masculo
                 quam
                 foeminae
                 comparatur
                 ,
              
               
               
                 secundum
                 proeva
                 '
                 escentiam
                 serus
                 incalescentis
                 ,
              
               and
               accordingly
               it
               ought
               to
               be
               baptised
               .
            
             
               
                 Haeres
                 est
                 quintuplex
              
               .
            
             
               
                 1.
                 
                 
                   Iure
                   proprietatis
                
                 ,
                 so
                 the
                 eldest
                 Son
                 shall
                 inherit
                 only
                 before
                 all
                 his
                 Brethren
                 .
              
               
                 2.
                 
                 
                   Iure
                   repraesentationis
                
                 ,
                 as
                 where
                 the
                 eldest
                 Sonne
                 dieth
                 ,
                 his
                 issue
                 shall
                 inherit
                 before
                 the
                 younger
                 Son
                 ,
                 he
                 represents
                 the
                 person
                 of
                 his
                 Father
                 .
              
               
                 3.
                 
                 
                   Iure
                   propinquitatis
                
                 ,
                 as
                 
                   propinquus
                   excludit
                   rem●tum
                
                 ,
                 
                 
                   &
                   remotus
                   remotiorem
                
                 .
              
               
                 4.
                 
                 
                   Iure
                   sanguinis
                
                 ,
                 so
                 the
                 daughter
                 of
                 the
                 first
                 
                   vent
                   〈…〉
                
                 shall
                 inherit
                 before
                 the
                 Son
                 of
                 the
                 second
                 .
              
               
                 
                 5.
                 
                 
                   Ratione
                   doni
                
                 ,
                 so
                 the
                 half
                 blood
                 shall
                 inherit
                 ,
                 as
                 if
                 a
                 gift
                 be
                 made
                 to
                 one
                 and
                 the
                 Heirs
                 of
                 his
                 body
                 ,
                 and
                 he
                 hath
                 issue
                 a
                 son
                 ,
                 and
                 a
                 daughter
                 by
                 one
                 venter
                 ,
                 and
                 a
                 son
                 by
                 another
                 venter
                 ,
                 the
                 Father
                 dies
                 ,
                 and
                 the
                 eldest
                 son
                 enters
                 and
                 dies
                 ,
                 the
                 young
                 son
                 shall
                 inherit
                 
                   per
                   formam
                   doni
                
                 ,
                 for
                 he
                 claims
                 as
                 heir
                 of
                 the
                 body
                 of
                 the
                 Donee
                 ,
                 and
                 not
                 generally
                 as
                 heir
                 of
                 his
                 Brother
                 :
                 otherwise
                 where
                 Land
                 cometh
                 by
                 descent
                 ,
                 the
                 rule
                 is
                 
                   possessio
                   fratris
                   de
                   foedo
                   simplici
                   facit
                   sororem
                   esse
                   haeredem
                   ,
                
                 
                 but
                 the
                 Brother
                 ought
                 to
                 be
                 in
                 actual
                 possession
                 of
                 the
                 Fee
                 ,
                 and
                 frank-tenement
                 ,
                 either
                 by
                 his
                 own
                 possession
                 ,
                 or
                 the
                 possession
                 of
                 another
                 to
                 make
                 his
                 sister
                 heir
                 ,
                 and
                 the
                 reason
                 is
                 ,
                 because
                 of
                 all
                 haereditaments
                 in
                 possession
                 ,
                 he
                 which
                 claimeth
                 as
                 Heir
                 ,
                 ought
                 to
                 make
                 himself
                 Heir
                 by
                 him
                 that
                 was
                 last
                 actually
                 seised
                 .
                 
                   Id.
                   Ib.
                
                 
              
            
             
               But
               if
               the
               King
               by
               his
               Letters
               Patents
               make
               a
               
               Baron
               to
               him
               and
               his
               Heirs
               ,
               possession
               in
               the
               elder
               brother
               of
               this
               Dignity
               cannot
               make
               his
               sister
               heir
               ,
               but
               the
               brother
               of
               the
               half
               blood
               shall
               inherit
               ,
               because
               no
               possession
               can
               be
               gained
               of
               this
               dignity
               
                 ●er
                 ped
                 is
                 p●sitionem
              
               .
            
             
               In
               case
               of
               the
               descent
               of
               the
               Crown
               ,
               the
               half
               blood
               shall
               mi●erit
               .
               So
               after
               the
               decease
               of
               King
               Edward
               the
               sixth
               ,
               the
               Crown
               sell
               to
               Queen
               Mary
               ,
               and
               from
               her
               to
               Queen
               Elizabeth
               ,
               both
               which
               were
               of
               the
               half
               blood
               ,
               and
               vet
               inheri●ed
               not
               only
               the
               Lands
               which
               King
               Edward
               ,
               ●r
               Queen
               Mary
               purchased
               ,
               but
               the
               antient
               Lands
               parcell
               of
               the
               Crown
               also
               .
            
             
               A
               man
               that
               is
               King
               by
               descent
               of
               the
               part
               of
               his
               Mother
               ,
               purchaseth
               Land●
               to
               him
               and
               his
               hens
               ,
               
               and
               dyeth
               without
               issue
               ,
               this
               land
               shall
               descend
               to
               the
               heir
               of
               the
               part
               of
               the
               Mother
               ,
               but
               in
               case
               of
               a
               Subject
               ,
               the
               heir
               of
               the
               part
               of
               a
               father
               shall
               have
               them
               .
            
          
           
             
               HEREDITAMENT
               .
            
             
               Hereditament
               ,
               is
               a
               word
               much
               used
               in
               Conveyances
               ,
               
               and
               in
               grants
               will
               pass
               whatsoever
               may
               be
               inherited
               ,
               be
               it
               corporeall
               or
               incorporeall
               ,
               reall
               ,
               personall
               or
               mixt
               ,
               and
               by
               the
               grant
               of
               hereditament
               Isles
               ,
               Charters
               ,
               Signioryes
               ,
               Mannours
               ,
               Houses
               and
               Lands
               of
               all
               sorts
               ,
               Rents
               ,
               Services
               ,
               Advowsons
               ,
               and
               Commons
               .
            
          
           
             
               HAERES
               .
            
             
               
                 Haeres
                 est
                 pars
                 antecessoris
              
               ;
               Therefore
               if
               land
               
               be
               given
               to
               a
               man
               and
               his
               Heirs
               ,
               all
               his
               Heirs
               are
               so
               totally
               in
               him
               ,
               as
               he
               may
               give
               the
               Lands
               to
               whom
               he
               will
               ;
               one
               cannot
               be
               heir
               till
               the
               death
               of
               his
               Ancestor
               ;
               he
               is
               called
               
                 Haeres
                 apparens
              
               Heir
               apparent
               .
            
             
               Every
               Heir
               having
               Land
               ,
               is
               bound
               by
               the
               binding
               
               acts
               of
               his
               Ancestors
               ,
               i●
               he
               be
               named
               ,
               
                 qui
                 se●ti●
                 commodum
                 sentire
                 debet
                 &
                 incomm●dum
                 sive
                 ●nus
                 .
              
               Cook
               on
               Lit.
               l.
               c.
               1.
               sect
               .
               1.
               
            
             
               A
               man
               by
               the
               Common
               Law
               cannot
               be
               Heir
               to
               goods
               or
               chattels
               ;
               for
               
                 haeres
                 dicitur
                 ab
                 haereditate
              
               .
               If
               a
               man
               buy
               divers
               Fishes
               ,
               as
               Ca●ps
               ,
               Bream●
               ▪
               Tenches
               ,
               and
               put
               them
               into
               his
               Pond
               and
               dieth
               ;
               in
               this
               case
               the
               Heir
               shall
               have
               them
               ,
               and
               not
               the
               Executors
               ;
               but
               they
               shall
               go
               with
               the
               Inheritance
               ▪
               because
               they
               were
               at
               liberty
               and
               could
               not
               be
               gotten
               without
               industry
               ,
               as
               by
               ne●s
               an
               :
               other
               Engines
               ▪
               
               and
               otherwise
               it
               is
               if
               they
               were
               in
               a
               Trunk
               .
               Likewise
               Deer
               in
               a
               Park
               ,
               Conies
               in
               a
               Warren
               ,
               and
               Doves
               in
               a
               Dove-house
               ,
               young
               and
               old
               shall
               go
               to
               the
               Heir
               .
            
          
           
             
             
               HOTCHPOT
               .
            
             
               Hotchpot
               ,
               is
               a
               medling
               or
               mixing
               together
               ,
               and
               a
               partition
               of
               Lands
               given
               in
               frank-marriage
               ,
               with
               other
               Lands
               in
               fee-simple
               descended
               .
            
             
               It
               is
               an
               old
               Saxon
               word
               ,
               and
               signifieth
               a
               pudding
               ;
               
               and
               the
               French
               use
               Hotch-pot
               for
               a
               commixtion
               of
               divers
               things
               together
               .
               It
               signifieth
               here
               metaphorically
               
                 in
                 partem
                 positio
              
               ;
               in
               English
               we
               use
               to
               say
               Hodge-podge
               ,
               in
               Latin
               farrago
               or
               miscellaneum
               .
            
          
           
             
               HOMAGE
               .
            
             
               Homage
               is
               ,
            
             
               
                 1.
                 
                 The
                 most
                 honourable
                 service
                 .
              
               
                 2.
                 
                 The
                 most
                 humble
                 service
                 .
              
            
             
               
                 1.
                 
                 On
                 part
                 of
                 the
                 Tenant
                 .
                 
                 
                   
                     1.
                     
                     The
                     Tenant
                     when
                     he
                     doth
                     his
                     homage
                     is
                     dis●inctus
                     ,
                     disarmed
                     ,
                     because
                     he
                     must
                     never
                     be
                     armed
                     against
                     his
                     Lord.
                     
                  
                   
                     2.
                     
                     
                       Nudo
                       capite
                    
                     ,
                     bare
                     headed
                     .
                  
                   
                     3.
                     
                     
                       Ad
                       pe●●●
                       Domini
                       super
                       genua
                       projectus
                       .
                    
                  
                   
                     4.
                     
                     
                       Amb●s
                       ma●us
                       junctas
                       ,
                       inter
                       manus
                       Domini
                       porrigit
                       ,
                    
                     which
                     betokeneth
                     reverence
                     and
                     subjection
                     .
                  
                   
                     5.
                     
                     
                       Per
                       verba
                       omni
                       supplici
                       veneratione
                       plena
                       ,
                    
                     he
                     saith
                     ,
                     I
                     become
                     your
                     man.
                     
                  
                
              
               
                 2.
                 
                 On
                 part
                 of
                 the
                 Lord
                 for
                 three
                 causes
                 .
                 
                   
                     1.
                     
                     The
                     Lord
                     doth
                     sit
                     .
                  
                   
                     2.
                     
                     He
                     uncloseth
                     his
                     Tenants
                     hands
                     between
                     his
                     own
                     ,
                     which
                     betokeneth
                     protection
                     ,
                     and
                     defence
                     .
                  
                   
                     3.
                     
                     The
                     Lord
                     sitting
                     kisseth
                     the
                     Tenant
                     .
                     
                       Cook
                       on
                       Lit.
                       lib.
                    
                     2.
                     cap.
                     1.
                     sect
                     .
                     85.
                     
                  
                
              
            
             
             
               Glanvill
               saith
               women
               shall
               not
               do
               homage
               ,
               but
               
               Littleton
               saith
               ,
               that
               a
               woman
               shall
               do
               homage
               ,
               but
               shall
               not
               say
               ,
               I
               become
               your
               woman
               ,
               but
               I
               do
               to
               you
               homage
               ,
               and
               so
               is
               Glanvill
               to
               be
               understood
               ,
               she
               shall
               not
               do
               compleat
               homage
               .
            
          
           
             
               HOMICIDE
               .
            
             
               Homicide
               ,
               is
               when
               ●ne
               is
               slain
               with
               a
               mans
               
               will
               ,
               but
               not
               with
               malice
               prepensed
               :
               most
               properly
               it
               is
               
                 hominis
                 occisi●
                 ab
                 homine
                 facta
              
               .
            
             
               Bracton
               saith
               ,
               it
               is
               homicide
               if
               one
               strike
               a
               woman
               great
               with
               child
               ,
               so
               that
               she
               miscarry
               ;
               
                 Si
                 puer
                 perium
                 animatum
                 fuerit
              
               ,
               and
               this
               agreeth
               with
               the
               Canon
               and
               Civil
               Law
               ,
               but
               the
               contrary
               is
               now
               Law
               amongst
               us
               .
            
             
               To
               make
               it
               Homicide
               ,
               it
               is
               requisite
            
             
               1.
               
               That
               the
               party
               killed
               be
               
                 in
                 esse
              
               ,
               viz.
               
                 in
                 rerum
                 natura
              
               ,
               for
               if
               a
               man
               kill
               an
               Infant
               in
               his
               Mothers
               
               Womb
               ,
               this
               is
               no
               felony
               ,
               neither
               shall
               he
               forfeit
               any
               thing
               for
               it
               ,
               for
               two
               Causes
               .
            
             
               
                 1.
                 
                 Because
                 the
                 thing
                 had
                 no
                 Name
                 of
                 Baptism
                 .
              
               
                 2.
                 
                 Because
                 it
                 is
                 hard
                 to
                 judg
                 whether
                 the
                 Insant
                 dyed
                 of
                 the
                 Battery
                 or
                 not
                 ,
                 or
                 upon
                 some
                 other
                 cause
                 .
                 Fitzherbert
                 puts
                 a
                 stronger
                 case
                 ,
                 viz.
                 If
                 a
                 man
                 strike
                 another
                 woman
                 great
                 
                 with
                 child
                 with
                 two
                 Infants
                 ,
                 so
                 that
                 presently
                 after
                 one
                 of
                 them
                 die
                 ,
                 and
                 the
                 other
                 was
                 born
                 and
                 baptized
                 ,
                 and
                 two
                 daies
                 after
                 ,
                 for
                 the
                 hurt
                 that
                 he
                 had
                 received
                 dieth
                 ,
                 and
                 yet
                 it
                 was
                 no
                 felony
                 .
              
            
             
               But
               if
               a
               woman
               being
               delivered
               of
               a
               Child
               doth
               presently
               kill
               it
               before
               it
               be
               baptized
               ,
               this
               is
               felony
               in
               her
               ,
               though
               the
               Child
               had
               no
               Name
               of
               Baptism
               ;
               because
               the
               Child
               was
               
                 in
                 rerum
              
               
               natura
               before
               it
               was
               killed
               ,
               and
               it
               is
               known
               by
               
               whom
               ,
               and
               by
               what
               means
               that
               Child
               came
               to
               his
               death
               .
            
             
               
                 Anno
                 primo
                 Iacobi
                 Regis
                 ,
                 c.
              
               8.
               
               An
               Act
               to
               restrain
               suddain
               killing
               and
               stabbing
               of
               men
               done
               in
               time
               of
               drunkenness
               ,
               rage
               ,
               and
               hidden
               displeasure
               .
               Be
               it
               enacted
               that
               if
               any
               shall
               siab
               or
               thrust
               any
               that
               hath
               not
               a
               weapon
               drawn
               ,
               nor
               hath
               first
               stricken
               ,
               and
               the
               party
               dieth
               thereof
               within
               six
               moneths
               ,
               the
               offender
               being
               thereof
               convicted
               by
               verdict
               of
               twelve
               men
               ,
               confession
               or
               otherwise
               ,
               shall
               suffer
               death
               ,
               as
               in
               case
               of
               wilfull
               murder
               ,
               without
               benefit
               of
               Clergy
               .
               This
               Statute
               shall
               not
               extend
               to
               killing
               ,
               
                 se
                 defendendo
              
               ,
               by
               misfortune
               or
               in
               other
               manner
               ,
               then
               as
               aforesaid
               ,
               nor
               to
               man-slaughter
               done
               in
               keeping
               of
               the
               Peace
               ,
               so
               as
               it
               be
               not
               wittingly
               under
               colour
               of
               keeping
               the
               Peace
               ,
               nor
               to
               any
               which
               in
               correcting
               Child
               or
               Servant
               shall
               beside
               their
               intent
               commit
               manslaughter
               ,
               this
               Statute
               to
               continue
               untill
               the
               end
               of
               the
               first
               Session
               of
               the
               next
               Parliament
               ,
               continued
               21
               
                 Iacobi
                 ,
                 cap.
              
               28.
               
                 &
                 tertio
                 Caroli
                 cap.
              
               4.
               to
               the
               end
               of
               the
               first
               Session
               of
               the
               next
               Parliament
               .
            
             
               The
               offender
               in
               this
               case
               shall
               have
               his
               Clergy
               ,
               but
               shall
               forfeit
               his
               goods
               .
            
             
               There
               is
               Homicide
               ,
            
             
               
                 1.
                 
                 Of
                 malicious
                 purpose
                 ,
                 which
                 we
                 call
                 murder
                 .
              
               
                 2.
                 
                 Upon
                 the
                 suddain
                 ,
                 in
                 a
                 heat
                 and
                 fury
                 of
                 mind
                 ,
                 
                 which
                 we
                 term
                 man-slaughter
                 .
              
               
                 3.
                 
                 Which
                 we
                 call
                 
                   se
                   defendendo
                
                 .
              
               
                 4.
                 
                 
                   Per
                   infortunium
                
                 ,
                 homicide
                 of
                 a
                 mans
                 self
                 ,
                 whereby
                 the
                 offender
                 is
                 called
                 
                   Felo
                   de
                   se.
                
                 
              
            
             
               Man-slaughter
               
                 se
                 defendendo
              
               ,
               is
               where
               two
               fight
               together
               upon
               a
               suddain
               ,
               and
               before
               the
               mortall
               
               wound
               on
               either
               party
               ,
               the
               one
               flieth
               unto
               the
               wall
               or
               some
               other
               place
               ,
               beyond
               which
               he
               cannot
               pass
               ,
               for
               the
               safeguard
               of
               his
               life
               ,
               and
               the
               other
               pursueth
               him
               ,
               and
               he
               which
               flieth
               killeth
               him
               that
               pursueth
               ,
               this
               is
               man-slaughter
               in
               his
               own
               defence
               ,
               and
               the
               offender
               in
               this
               case
               shall
               forfeit
               his
               goods
               .
            
             
               
                 Quod
                 quis
                 ob
                 tutelam
                 corporis
                 sui
                 ecerit
                 ,
                 jure
                 id
                 fecisse
                 videtur
                 .
              
            
          
           
             
               HOUSE
               .
            
             
               House
               in
               a
               house
               four
               things
               are
               necessary
               .
            
             
               
                 1.
                 
                 Habitatio
                 homini●
                 .
              
               
                 2.
                 
                 Delectatio
                 inhabitantis
                 .
              
               
                 3.
                 
                 Necessitas
                 luminis
                 .
              
               
                 4.
                 
                 Salubritas
                 aeris
                 .
              
            
             
               For
               hurt
               made
               to
               three
               of
               these
               an
               Action
               lieth
               .
            
             
               
                 1.
                 
                 Of
                 the
                 habitation
                 of
                 a
                 man
                 ,
                 for
                 this
                 is
                 the
                 principall
                 end
                 of
                 a
                 house
                 .
              
               
                 2.
                 
                 For
                 hinderance
                 of
                 his
                 light
                 ,
                 for
                 the
                 antient
                 form
                 of
                 an
                 action
                 upon
                 the
                 Case
                 was
                 significant
                 ,
                 
                   quòd
                   messuagium
                   horrida
                   tenebritate
                   obscuratum
                   suit
                   .
                
                 It
                 is
                 said
                 ,
                 
                   Vescitur
                   aura
                   aetherea
                
                 ,
                 and
                 the
                 words
                 
                   horrida
                   tenebritate
                
                 imply
                 the
                 benefit
                 of
                 light
                 ,
                 but
                 for
                 a
                 prospect
                 which
                 is
                 a
                 matter
                 only
                 of
                 delight
                 ,
                 and
                 not
                 of
                 necessity
                 ,
                 no
                 action
                 lies
                 for
                 stopping
                 of
                 this
                 ,
                 and
                 yet
                 it
                 is
                 a
                 great
                 commendation
                 of
                 an
                 house
                 ,
                 if
                 it
                 have
                 a
                 fair
                 prospect
                 .
                 
                   
                     Unde
                     dicitur
                     ,
                  
                   
                     Laudaturque
                     domus
                     longos
                     qui
                     prospicit
                     argos
                     .
                  
                
              
               
                 3.
                 
                 And
                 if
                 stopping
                 of
                 wholsome
                 air
                 be
                 actionable
                 
                   à
                   fortiori
                
                 ,
                 an
                 action
                 lies
                 for
                 corrupting
                 and
                 infecting
                 the
                 air
                 ,
                 a
                 lime
                 kill
                 is
                 good
                 and
                 profitable
                 ,
                 but
                 if
                 this
                 be
                 erected
                 so
                 near
                 a
                 house
                 
                 that
                 none
                 can
                 inhabit
                 there
                 ,
                 for
                 the
                 entring
                 of
                 the
                 smoke
                 an
                 action
                 will
                 lie
                 ,
                 
                   prohibetur
                   ne
                   quis
                   faciat
                   in
                   suo
                   quod
                   nocere
                   possit
                   alien●
                   .
                
              
            
             
               The
               house
               of
               every
               one
               is
               to
               him
               as
               his
               Castle
               and
               Fortress
               ,
               as
               well
               for
               his
               defence
               against
               injury
               and
               violence
               ,
               as
               for
               his
               repose
               ,
               and
               although
               that
               the
               life
               of
               a
               man
               be
               a
               thing
               precious
               and
               favoured
               in
               the
               Law
               ,
               so
               that
               when
               a
               man
               kills
               another
               in
               his
               own
               defence
               ,
               or
               
                 per
                 infortunium
              
               without
               any
               intent
               ,
               yet
               this
               is
               felony
               ,
               and
               in
               such
               Cases
               he
               shall
               forfeit
               his
               goods
               and
               chattels
               for
               the
               great
               respect
               that
               the
               Law
               hath
               to
               the
               life
               of
               a
               man.
               But
               i●
               Thieves
               come
               to
               ones
               house
               to
               rob
               or
               murder
               him
               ,
               and
               the
               owner
               or
               his
               servants
               kill
               any
               of
               the
               Thieves
               in
               defence
               of
               him
               and
               his
               house
               ,
               this
               is
               not
               felony
               ,
               nor
               shall
               he
               lose
               any
               thing
               .
               
                 Domus
                 sua
                 cuique
                 est
                 tutissimum
                 refugium
                 .
              
               
            
             
               2.
               
               When
               any
               house
               is
               recovered
               by
               any
               reall
               action
               or
               by
               an
               
                 Ejectione
                 firmae
              
               ,
               the
               Sheriff
               may
               break
               the
               house
               ,
               and
               deliver
               seisin
               or
               possession
               to
               the
               Demandant
               or
               Plaintiff
               ,
               for
               the
               words
               of
               the
               Writ
               are
               ,
               
                 Habere
                 facias
                 seisinam
              
               ,
               or
               possessionem
               ,
               and
               after
               Judgment
               this
               is
               not
               the
               house
               in
               right
               ,
               and
               judgment
               of
               the
               Law
               ,
               of
               the
               Tenant
               or
               Defendant
               .
            
             
               3.
               
               In
               all
               Cases
               where
               the
               King
               is
               party
               ,
               the
               Sheriff
               (
               if
               no
               door
               be
               open
               )
               may
               break
               the
               house
               of
               the
               party
               ,
               either
               to
               take
               him
               or
               to
               do
               other
               execution
               of
               the
               process
               of
               the
               King
               ,
               if
               otherwise
               he
               cannot
               enter
               in
               it
               ,
               but
               before
               he
               break
               it
               ,
               he
               ought
               to
               signifie
               the
               cause
               of
               his
               coming
               ,
               and
               to
               request
               him
               to
               open
               the
               door
               .
               For
               in
               such
               Case
               if
               he
               break
               the
               house
               when
               he
               may
               enter
               without
               breaking
               it
               (
               that
               is
               upon
               request
               made
               ,
               or
               if
               he
               may
               open
               the
               door
               without
               breaking
               it
               )
               he
               is
               a
               trespasser
               .
            
             
             
               The
               preheminence
               and
               priviledge
               that
               the
               Law
               giveth
               to
               houses
               which
               are
               for
               habitation
               of
               men
               is
               great
               .
            
             
               
                 1.
                 
                 A
                 house
                 ought
                 to
                 have
                 the
                 precedency
                 in
                 a
                 
                   praecipe
                   quod
                   reddat
                
                 ,
                 before
                 Lands
                 ,
                 Medowes
                 ,
                 Pastures
                 ,
                 Woods
                 ,
                 for
                 ones
                 House
                 is
                 his
                 Castle
                 .
              
               
                 2.
                 
                 The
                 House
                 of
                 a
                 man
                 hath
                 a
                 priviledge
                 to
                 
                 protect
                 him
                 against
                 an
                 arrest
                 ,
                 by
                 force
                 of
                 a
                 process
                 of
                 the
                 Law
                 ,
                 at
                 the
                 suit
                 of
                 the
                 Subject
                 .
              
               
                 3.
                 
                 It
                 was
                 resolved
                 that
                 those
                 that
                 dig
                 for
                 salt-peter
                 shall
                 not
                 dig
                 in
                 the
                 mansion
                 house
                 of
                 any
                 Subject
                 ,
                 without
                 his
                 assent
                 ,
                 for
                 then
                 he
                 nor
                 his
                 wife
                 ,
                 nor
                 his
                 Children
                 ,
                 cannot
                 be
                 in
                 safety
                 in
                 the
                 night
                 ,
                 nor
                 his
                 goods
                 in
                 his
                 House
                 preserved
                 from
                 Thieves
                 .
              
               
                 4.
                 
                 He
                 that
                 kills
                 one
                 which
                 will
                 rob
                 and
                 spoil
                 him
                 in
                 the
                 house
                 shall
                 forfeit
                 nothing
                 .
              
            
             
               If
               a
               man
               (
               hearing
               that
               another
               will
               fetch
               him
               out
               of
               his
               house
               and
               beate
               him
               )
               do
               assemble
               company
               
               with
               force
               ,
               it
               will
               be
               no
               unlawfull
               assembly
               ,
               for
               his
               house
               is
               his
               hold
               and
               Castle
               .
            
             
               The
               Kings
               Officer
               may
               break
               an
               house
               for
               Felony
               ,
               or
               suspicion
               of
               felony
               .
            
             
               
                 1.
                 
                 For
                 the
                 Common-wealth
                 ,
                 for
                 it
                 is
                 for
                 the
                 publick
                 good
                 to
                 take
                 Felons
                 .
              
               
                 2.
                 
                 In
                 every
                 Flony
                 the
                 King
                 hath
                 an
                 interest
                 ,
                 and
                 where
                 he
                 hath
                 an
                 interest
                 ,
                 the
                 Writ
                 is
                 ,
                 
                   Non
                   omittas
                   propter
                   aliquam
                   libertatem
                
                 ,
                 the
                 priviledge
                 of
                 the
                 house
                 will
                 not
                 hold
                 against
                 him
                 .
                 Cook
                 5
                 Rep.
                 Cases
                 of
                 executions
                 .
              
            
             
               For
               the
               good
               of
               the
               Common-wealth
               ,
               an
               house
               shall
               be
               pulled
               down
               ,
               if
               the
               next
               be
               fired
               .
               Judge
               Doderidge
               .
            
          
           
             
               HUE
               .
            
             
               Hue
               and
               Crie
               is
               derived
               of
               two
               French
               words
               ,
               
               
                 Huyer
                 &
                 Cryer
              
               .
            
             
             
               In
               legall
               understanding
               Hue
               and
               Crie
               is
               all
               one
               :
               
               In
               antient
               Records
               they
               are
               called
               
                 Hutesium
                 &
                 clamor
              
               .
            
             
               This
               Hue
               and
               Crie
               may
               be
               by
               Horn
               and
               by
               Voice
               .
               He
               that
               goeth
               not
               at
               the
               Commandement
               of
               the
               Sheriff
               or
               Constable
               upon
               Hue
               and
               Crie
               ,
               shall
               be
               grievously
               fined
               and
               imprisoned
               .
               Cooks
               2
               
                 part
                 of
                 his
                 Instit.
                 c.
              
               9.
               
            
          
           
             
               HUNDRED
               .
               
            
             
               Hundred
               ,
               is
               so
               called
               ,
               either
               because
               they
               were
               at
               the
               first
               an
               hundred
               Towns
               and
               Villages
               in
               each
               Hundred
               ,
               or
               because
               they
               did
               find
               the
               King
               to
               his
               Wars
               an
               hundred
               able
               men
               .
            
             
               Between
               Milborne
               and
               the
               Inhabitants
               of
               the
               Hundred
               of
               Dumnow
               in
               Essex
               ,
               it
               was
               adjudged
               ,
               for
               a
               robbery
               done
               in
               the
               morning
               
                 ante
                 lucem
              
               ,
               t●e
               Hundred
               shall
               not
               be
               charged
               ,
               because
               this
               robbery
               was
               done
               in
               the
               night
               ,
               for
               there
               can
               be
               no
               negligence
               in
               them
               for
               not
               keeping
               the
               Country
               
               in
               the
               night
               ,
               neither
               can
               they
               make
               pursuit
               after
               the
               Offenders
               .
               But
               if
               one
               kill
               one
               in
               a
               Town
               in
               the
               day
               ,
               viz.
               as
               long
               as
               it
               is
               full
               day
               light
               ,
               and
               he
               which
               kils
               him
               escape
               the
               Town
               where
               the
               Felony
               was
               ,
               the
               Town
               shall
               be
               amerced
               for
               it
               ,
               but
               not
               if
               such
               a
               Felony
               or
               Murder
               had
               been
               done
               in
               the
               night
               .
            
             
               In
               Towns
               or
               Cities
               which
               are
               inclosed
               ,
               the
               Gates
               ought
               to
               be
               shut
               from
               sun-setting
               to
               sun-rising
               ,
               and
               if
               in
               any
               such
               Town
               or
               City
               any
               murder
               or
               man-slaughter
               be
               done
               in
               the
               day
               or
               in
               the
               night
               ,
               and
               the
               Offender
               escape
               ,
               such
               a
               City
               or
               Town
               shall
               be
               amerced
               .
            
          
        
         
           
           
             I.
             
          
           
             
               IDEOT
               .
            
             
               IDeot
               ,
               the
               words
               of
               the
               Statute
               be
               ,
               
                 Rex
                 habebit
                 custodiam
                 ter●●rum
                 fatuorum
                 naturalium
                 ,
              
               by
               
               which
               it
               appeareth
               that
               he
               must
               be
               a
               fool
               naturall
               ,
               that
               is
               a
               fool
               
                 à
                 nativitate
              
               ,
               for
               if
               he
               were
               once
               wise
               ,
               and
               became
               a
               fool
               by
               chance
               or
               misfortune
               ,
               the
               King
               shall
               not
               have
               the
               custody
               of
               him
               .
            
             
               The
               King
               is
               Protector
               of
               all
               his
               Subjects
               ,
               and
               of
               all
               their
               goods
               ,
               Lands
               and
               Tenements
               ,
               and
               therefore
               such
               as
               cannot
               govern
               themselves
               ,
               nor
               order
               
               their
               Lands
               and
               Tenements
               ,
               his
               Grace
               (
               as
               a
               father
               )
               must
               take
               upon
               him
               to
               provide
               for
               them
               ,
               that
               they
               themselves
               ,
               and
               their
               things
               may
               be
               preserved
               .
            
             
               Ideot
               ,
               is
               a
               Greek
               word
               ,
               and
               properly
               signifieth
               a
               private
               man
               ,
               which
               hath
               not
               any
               publick
               Office
               .
               
               Amongst
               the
               Latins
               it
               is
               taken
               for
               
                 illitera●us
                 ,
                 imperitus
              
               ,
               amongst
               our
               Lawyers
               ,
               for
               
                 non
                 compos
                 mentis
              
               ,
               in
               our
               common
               English
               speech
               ,
               called
               a
               natural
               fool
               .
               
                 Fatuus
                 à
                 fando
                 ,
                 quia
                 inepta
                 loquitur
                 .
              
               If
               one
               have
               so
               much
               understanding
               ,
               as
               he
               can
               measure
               a
               yard
               of
               cloth
               ,
               number
               twenty
               pence
               or
               rightly
               name
               the
               dayes
               in
               the
               week
               ,
               or
               
               beget
               a
               child
               ,
               son
               or
               daughter
               ,
               he
               that
               can
               do
               so
               ,
               shall
               not
               be
               accounted
               an
               Ideot
               or
               natural
               fool
               by
               the
               Law●
               of
               the
               Realm
               .
               
            
             
               An
               Ideot
               naturall
               in
               an
               Action
               brought
               against
               him
               ,
               shall
               appear
               in
               his
               proper
               person
               ,
               but
               he
               who
               is
               become
               
                 non
                 compos
                 mentis
              
               ,
               shall
               appear
               
               by
               his
               Guardian
               ,
               if
               he
               be
               of
               full
               age
               .
            
          
           
             
               IETSAM
               .
            
             
               Ietsam
               ,
               is
               when
               a
               Ship
               is
               in
               pe●ill
               to
               be
               drowned
               ,
               and
               to
               disburden
               the
               Ship
               ,
               the
               Mariners
               cast
               the
               goods
               into
               the
               Sea
               ;
               In
               cometh
               of
               the
               French
               word
               Ietter
               ,
               to
               cast
               ou●
               ;
               and
               sometimes
               signifieth
               the
               Admirals
               prescription
               ▪
               and
               sometimes
               the
               thing
               cast
               out
               of
               the
               Ship
               ,
               and
               prescribed
               in
               .
            
          
           
             
               IGNORANCE
               .
            
             
               Ignorance
               ,
               There
               is
               a
               difference
               in
               the
               Law
               between
               
               ignorantia
               and
               ignoranter
               .
               Such
               an
               Act
               is
               properly
               said
               to
               be
               done
               
                 ex
                 ignorantia
              
               ,
               where
               involuntary
               ignorance
               is
               the
               cause
               of
               it
               ,
               as
               if
               a
               child
               or
               mad
               man
               kill
               a
               man
               ,
               but
               if
               a
               drunkard
               kill
               a
               man
               ,
               this
               act
               is
               said
               to
               be
               done
               ignoranter
               ,
               but
               he
               is
               the
               cause
               of
               his
               own
               ignorance
               .
            
          
           
             
               IMPRISONMENT
               .
            
             
               Imprisonment
               ,
               is
               the
               putting
               of
               any
               person
               from
               his
               own
               liberty
               ,
               into
               the
               custody
               of
               the
               Law
               ,
               to
               answer
               to
               that
               which
               is
               objected
               ;
               and
               therefore
               
               to
               break
               the
               prison
               is
               to
               fly
               from
               the
               tryal
               of
               the
               Law
               ,
               and
               is
               adjudged
               a
               publick
               Felony
               ,
               if
               he
               were
               imprisoned
               for
               felony
               ,
               otherwise
               not
               ,
               as
               the
               
                 stat
                 .
                 de
                 frangent
                 .
                 prisonam
                 .
              
               Out
               of
               this
               one
               fact
               ,
               there
               groweth
               sometime
               a
               treble
               offence
               and
               selony
               ,
               viz.
               
               1.
               
               In
               the
               prisoner
               himself
               ,
               which
               is
               most
               properly
               called
               the
               breaking
               of
               prison
               .
               2.
               
               Another
               in
               him
               that
               helpeth
               the
               prisoner
               to
               get
               away
               ,
               which
               is
               commonly
               termed
               Rescuss
               .
               3.
               
               A
               third
               ,
               in
               the
               Officer
               or
               party
               whatsoever
               ,
               by
               whose
               wilfull
               default
               he
               is
               suffered
               to
               go
               ;
               and
               that
               is
               termed
               an
               escape
               .
            
             
               A
               man
               imprisoned
               by
               process
               of
               Law
               ,
               ought
               to
               be
               kept
               
                 in
                 salva
                 &
                 arcta
                 custodia
              
               ,
               and
               by
               the
               Law
               ought
               not
               to
               go
               out
               though
               it
               be
               with
               a
               Keeper
               ,
               
               and
               with
               the
               leave
               and
               sufferance
               of
               the
               Gaoler
               ;
               
               but
               yet
               imprisonment
               must
               be
               
                 custodia
                 non
                 poena
              
               ,
               for
               
                 carcer
                 ad
                 homines
                 custodiendos
                 ,
                 non
                 ad
                 puniendos
                 dari
                 debet
                 .
              
            
             
               He
               which
               is
               imprisoned
               by
               Judgment
               of
               the
               Law
               ,
               ought
               to
               be
               kept
               
                 in
                 salva
                 &
                 arcta
                 custodia
                 ,
                 salva
              
               because
               he
               ought
               to
               be
               in
               a
               prison
               
               so
               strong
               ,
               that
               he
               cannot
               escape
               ,
               and
               arcta
               in
               respect
               that
               he
               ought
               to
               be
               kept
               close
               without
               conference
               with
               others
               ,
               or
               intelligence
               of
               things
               at
               large
               .
            
          
           
             
               INCIDENT
               .
            
             
               Incident
               ,
               is
               a
               thing
               appertaining
               to
               or
               following
               another
               ,
               as
               a
               more
               worthier
               principall
               :
               The
               incident
               shall
               pass
               by
               the
               grant
               of
               the
               principall
               ,
               but
               not
               the
               principall
               by
               grant
               of
               the
               incident
               .
               
                 Accessorium
                 non
                 ducit
                 ,
                 sed
                 sequitur
                 suum
                 principale
                 .
              
               
            
             
               Incidents
               are
               ,
            
             
               
                 1.
                 
                 Separable
                 ,
                 as
                 rents
                 incident
                 to
                 reversions
                 ,
                 which
                 may
                 be
                 severed
                 .
              
               
                 2.
                 
                 Inseparable
                 ,
                 as
                 fealty
                 to
                 a
                 reversion
                 or
                 Tenure
                 
              
            
          
           
             
               INCUMBENT
               .
            
             
               Incumbent
               ,
               cometh
               of
               the
               verb
               incumbo
               ,
               that
               is
               to
               be
               diligently
               resident
               ,
               and
               when
               it
               is
               written
               
               encumbent
               ,
               it
               is
               falsly
               written
               ,
               for
               it
               ought
               to
               be
               incumbent
               ,
               and
               therefore
               the
               Law
               doth
               intend
               him
               to
               be
               resident
               on
               his
               Benefice
               .
            
          
           
             
               INDUCTION
               .
            
             
               Induction
               ,
               The
               Arch-deacon
               is
               to
               put
               in
               the
               Minister
               in
               possession
               by
               delivering
               the
               Ring
               of
               the
               Church-door
               unto
               him
               ,
               and
               ringing
               of
               Bel●
               ,
               which
               is
               called
               an
               Induction
               ,
               and
               that
               being
               done
               ,
               the
               party
               becometh
               an
               incumbent
               .
            
             
               A
               man
               having
               a
               Benefice
               with
               Cure
               ,
               at
               the
               
               value
               of
               ten
               pounds
               or
               more
               ,
               receives
               another
               Benefice
               with
               Cure
               ,
               and
               is
               inducted
               into
               this
               new
               ;
               the
               first
               is
               void
               ,
               
                 ac
                 si
                 esset
                 per
                 mortem
                 &
                 resignationem
                 ,
              
               by
               Statute
               21
               Hen.
               8.
               
               
                 L.
                 Dyer
              
               .
               The
               Statute
               is
               of
               the
               yearly
               value
               of
               eight
               pound
               .
            
          
           
             
               INDENTED
               .
            
             
               Indented
               ,
               It
               cannot
               be
               a
               Deed
               indented
               ,
               unless
               it
               be
               actually
               indented
               ;
               for
               albeit
               the
               words
               of
               the
               Deed
               be
               
                 haec
                 indentura
              
               ;
               yet
               if
               it
               be
               not
               indented
               ,
               indeed
               it
               is
               no
               Indenture
               ;
               but
               if
               the
               Deed
               be
               indented
               ,
               albeit
               the
               words
               of
               the
               Deed
               be
               not
               haec
               
               indentura
               ,
               yet
               it
               is
               an
               Indenture
               .
            
             
               Deeds
               indented
               are
               called
               by
               severall
               Names
               ,
               as
               
                 Scriptum
                 indentatum
                 ,
                 charta
                 indentata
                 ,
                 indentura
                 ,
                 literae
                 indentatae
                 .
              
               An
               Indenture
               is
               a
               Writing
               containing
               a
               Conveyance
               ,
               Bargain
               ,
               Contract
               ,
               Covenants
               or
               Argreements
               between
               two
               or
               more
               ;
               and
               is
               indented
               in
               the
               top
               or
               side
               answerable
               to
               another
               
               that
               comprehendeth
               the
               self-same
               matter
               .
               It
               is
               called
               an
               Indenture
               ,
               because
               each
               part
               in
               the
               top
               or
               side
               ,
               
                 Similiter
                 scinditur
                 in
                 morem
                 dentium
                 ,
                 ut
                 pares
                 esse
                 cognoscantur
                 .
              
            
          
           
             
               INFANT
               .
            
             
               Infant
               ,
               An
               Infant
               of
               eight
               years
               age
               or
               above
               ,
               may
               commit
               Homicide
               ,
               and
               shall
               be
               hanged
               for
               it
               ,
               viz.
               If
               it
               may
               appear
               (
               by
               hining
               of
               the
               ●person
               slain
               ,
               by
               excusing
               ,
               or
               by
               any
               other
               act
               )
               that
               he
               had
               knowledg
               of
               good
               and
               evil
               ,
               and
               of
               the
               danger
               of
               the
               offence
               ;
               for
               here
               
                 malitia
                 supplebit
                 aetatem
              
               .
               Yet
               Cook
               upon
               Littleton
               sect
               .
               405.
               saith
               ,
               That
               an
               Infant
               shall
               not
               be
               punished
               untill
               the
               age
               of
               fourteen
               ,
               viz.
               the
               age
               of
               discretion
               .
            
             
               Before
               the
               age
               of
               one
               and
               twenty
               years
               a
               man
               
               or
               woman
               is
               called
               an
               Infant
               in
               the
               Law.
               
            
          
           
             
             
               INHERITANCE
               .
            
             
               Inheritance
               ,
               A
               man
               may
               have
               an
               Inheritance
               in
               title
               of
               Nobility
               and
               Dignity
               three
               manner
               of
               waies
               ;
               that
               is
               ,
               1.
               by
               creation
               ,
               2.
               by
               descent
               ,
               3.
               and
               by
               prescription
               :
               by
               creation
               two
               manner
               of
               ordinary
               waies
               ,
               1.
               by
               Writ
               ,
               2.
               and
               Letters
               Patents
               .
               Creation
               by
               Writ
               is
               the
               antienter
               way
               ;
               yet
               that
               by
               Letters
               Patents
               is
               the
               surer
               .
               If
               he
               be
               generally
               called
               
               by
               Writ
               to
               the
               Parliament
               ,
               he
               hath
               a
               Fee-simple
               in
               the
               Barony
               without
               words
               of
               Inheritance
               .
               But
               if
               he
               be
               created
               by
               Letters
               Patents
               ,
               the
               state
               of
               Inheritance
               must
               be
               limited
               by
               apt
               words
               ,
               or
               else
               the
               Grant
               is
               void
               :
               But
               a
               man
               must
               not
               only
               have
               the
               Writ
               delivered
               to
               him
               ,
               but
               sit
               in
               Parliament
               ,
               to
               make
               him
               noble
               that
               way
               ;
               and
               thereupon
               a
               Baron
               is
               called
               a
               Peer
               of
               Parliament
               :
               Therefore
               a
               Duke
               ,
               Earl
               ,
               &c.
               of
               another
               Kingdom
               are
               not
               to
               be
               sued
               by
               these
               Names
               here
               ,
               for
               they
               are
               not
               Peers
               of
               our
               Parliament
               .
            
             
               Some
               have
               an
               Inheritance
               ,
               and
               have
               it
               neither
               by
               descent
               ,
               nor
               properly
               by
               purchase
               ,
               but
               by
               creation
               ;
               as
               when
               the
               King
               doth
               create
               any
               man
               a
               Duke
               ,
               a
               Marquess
               ,
               Earl
               ,
               Viscount
               ,
               or
               Baron
               
               to
               him
               and
               his
               Heirs
               ,
               or
               to
               the
               Heirs
               Males
               of
               his
               body
               ,
               he
               hath
               an
               Inheritance
               therein
               by
               creation
               .
            
          
           
             
               INNE
               .
            
             
               Inne
               ,
               Common
               Inns
               are
               instituted
               for
               passengers
               and
               wayfaring
               men
               ,
               for
               the
               Latin
               word
               for
               an
               Inne
               is
               diversorium
               ,
               because
               he
               that
               lodgeth
               there
               
                 est
                 quasi
                 divertens
                 se
                 à
                 via
                 ,
              
               and
               therefore
               if
               a
               neighbour
               which
               is
               not
               a
               traveller
               ,
               as
               a
               friend
               at
               the
               request
               of
               the
               Inkeeper
               lodge
               there
               ,
               and
               his
               goods
               are
               stolen
               ,
               he
               shall
               not
               have
               an
               Action
               ,
               for
               the
               Writ
               is
               ,
               
                 ad
                 hospitandos
                 homines
                 per
                 partes
              
               ,
               
               
                 ubi
                 hujusmodi
                 hospitia
                 existunt
                 ,
                 transeuntes
                 ,
                 &
                 in
              
               
               
                 isdem
                 hospitantes
              
               .
               The
               Innekeeper
               shall
               answer
               for
               not●ing
               ,
               which
               is
               out
               of
               his
               Inne
               ,
               but
               only
               for
               those
               things
               which
               are
               
                 infra
                 hospitium
              
               ,
               the
               words
               are
               
                 eorum
                 bona
                 ,
                 &
                 catalla
                 infra
                 hospitia
                 ida
                 existentia
                 ,
              
               and
               therefore
               the
               Horse
               which
               at
               the
               request
               of
               the
               owner
               is
               put
               to
               pasture
               ,
               being
               not
               
                 infra
                 hospitium
              
               ,
               the
               Innekeeper
               is
               not
               bound
               by
               the
               Law
               ,
               to
               answer
               for
               him
               ,
               if
               he
               be
               stolen
               ,
               but
               if
               the
               owner
               require
               not
               this
               ,
               but
               the
               Innekeeper
               of
               his
               own
               head
               puts
               the
               Horse
               of
               his
               Guest
               to
               the
               pasture
               ,
               he
               shall
               answer
               for
               him
               if
               he
               be
               stolen
               ,
               
                 Hospes
                 est
                 ,
                 quasi
                 hospitium
                 petens
                 .
              
               The
               host
               shall
               not
               be
               charged
               except
               there
               be
               some
               default
               in
               him
               or
               his
               servants
               .
               The
               words
               are
               
                 ita
                 quod
                 per
                 desectum
                 hospitatorum
                 ,
                 seu
                 servientium
                 s●orum
                 ,
                 hospitibus
                 hujusmodi
                 damni
                 non
                 eveniat
                 ,
              
               and
               although
               the
               guest
               deliver
               not
               the
               goods
               to
               the
               Host
               to
               keep
               ,
               nor
               acquaint
               him
               with
               them
               ,
               yet
               if
               they
               be
               stollen
               ,
               the
               Host
               shall
               be
               charged
               ,
               but
               if
               the
               servant
               of
               the
               guest
               ,
               or
               he
               which
               comes
               with
               him
               ,
               or
               he
               which
               desires
               to
               be
               lodged
               with
               him
               ,
               steal
               his
               goods
               ,
               the
               Host
               shall
               not
               be
               charged
               ,
               for
               it
               was
               the
               fault
               of
               the
               guest
               to
               have
               such
               a
               companion
               or
               servant
               ,
               but
               if
               the
               Host
               appoint
               one
               to
               lodge
               with
               another
               ,
               he
               shall
               answer
               for
               him
               ,
               as
               appears
               .
            
             
               The
               Hostler
               requires
               his
               guest
               to
               put
               his
               goods
               in
               such
               a
               chamber
               ,
               under
               lock
               and
               key
               ,
               and
               then
               he
               will
               warrant
               them
               ,
               otherwise
               not
               ,
               the
               guest
               suffers
               
               them
               to
               be
               in
               outward
               Court
               ,
               where
               they
               were
               ●tolen
               ,
               the
               Host
               shall
               not
               be
               charged
               for
               the
               fault
               ●hat
               is
               in
               the
               guest
               .
            
             
               If
               one
               bring
               a
               bag
               or
               chest
               of
               Evidences
               or
               Ob
               〈…〉
               gations
               into
               an
               Inne
               ,
               and
               they
               be
               stolen
               through
               〈…〉
               e
               default
               of
               the
               Host
               ,
               the
               Innekeeper
               shall
               an●wer
               for
               them
               .
            
             
             
               If
               a
               man
               lodg
               with
               any
               (
               which
               is
               not
               an
               Inne-keeper
               ,
               upon
               request
               ,
               and
               he
               be
               robbed
               in
               his
               house
               ,
               by
               his
               servants
               ,
               which
               lodgeth
               him
               or
               any
               other
               ,
               he
               shall
               not
               answer
               for
               it
               ,
               for
               the
               words
               of
               the
               Writ
               are
               
                 hospitatores
                 qui
                 communia
                 hospitia
                 Tenent
              
               .
            
             
               Anno
               21
               Iacobi
               ,
               Any
               person
               whatsoever
               found
               
               tipling
               in
               any
               Inne
               or
               Alehouse
               ,
               to
               be
               adiudged
               within
               the
               compass
               of
               the
               Statutes
               against
               drunkenness
               .
            
             
               An
               Alehouse-keeper
               convict
               of
               offence
               against
               the
               Statute
               ,
               to
               be
               disabled
               to
               keep
               an
               Alehouse
               for
               three
               years
               after
               .
            
          
           
             
               INSTITUTION
               .
            
             
               Institution
               ,
               is
               when
               the
               Bishop
               saith
               ,
               Institu●
               
               
                 te
                 rectorem
                 talis
                 Ecclesiae
                 ,
                 cum
                 cura
                 animarum
                 ,
                 &
                 accipe
                 curam
                 tuam
                 &
                 meam
                 .
              
            
             
               Every
               Rectory
               consists
               of
               a
               spiritualty
               ,
               and
               temporalty
               ,
               and
               as
               for
               the
               spiritualty
               ,
               
                 viz.
                 cura
              
               
               animarum
               ,
               he
               is
               a
               compleat
               Parson
               by
               Insti●ution
               ,
               but
               as
               for
               the
               temporalties
               ,
               as
               the
               glebe
               land
               ,
               he
               hath
               no
               Frank-tenement
               in
               them
               ,
               till
               Induction
               .
            
          
           
             
               INTRUSION
               .
            
             
               Intrusion
               ,
               properly
               is
               when
               the
               Ancestor
               died
               of
               any
               estate
               of
               Inheritance
               expectant
               upon
               an
               
               estate
               for
               life
               ,
               and
               then
               Tenant
               for
               life
               dieth
               ,
               and
               between
               the
               death
               and
               entry
               of
               the
               heir
               ,
               a
               stranger
               doth
               interpose
               himself
               ,
               and
               intrude
               .
            
          
           
             
               IOINTTENANTS
               .
            
             
               Iiont-tenants
               ,
               are
               so
               called
               ,
               because
               Lands
               or
               Tenements
               are
               conveyed
               to
               them
               joyntly
               ,
               
                 conjuncti
                 〈…〉
                 feossati
              
               ,
               or
               
                 qui
                 conjunctim
                 tenent
              
               ,
               and
               are
               distinguished
               from
               sole
               or
               severall
               Tenants
               ,
               from
               
               Parceners
               ,
               and
               from
               Tenants
               in
               common
               ,
               and
               anciently
               
               they
               were
               called
               participes
               ,
               and
               
                 non
                 haeredes
              
               .
               And
               these
               joynt-tenants
               must
               joyntly
               implead
               ,
               and
               joyntly
               be
               impleaded
               by
               others
               ,
               which
               property
               is
               common
               between
               them
               and
               coparceners
               ,
               but
               joynt-tenants
               have
               a
               sole
               quality
               of
               survivorship
               ,
               which
               coparceners
               have
               not
               .
               Survivourship
               is
               not
               proper
               to
               them
               
                 quarto
                 modo
              
               ,
               for
               there
               may
               be
               joynt-tenants
               ,
               though
               there
               be
               not
               
               equall
               benefit
               of
               survivour
               on
               both
               sides
               .
               As
               if
               a
               man
               letteth
               Lands
               to
               A
               and
               B.
               during
               the
               life
               of
               A.
               If
               B.
               dieth
               ,
               A.
               shall
               have
               all
               by
               the
               Survivour
               ,
               but
               if
               A.
               dieth
               ,
               B.
               shall
               have
               nothing
               .
            
             
               If
               one
               joynt-tenant
               should
               have
               more
               profit
               then
               another
               ,
               the
               society
               should
               be
               Leonina
               ,
               rather
               the
               devouring
               of
               Lions
               ,
               then
               the
               dividing
               of
               men
               ,
               or
               according
               to
               the
               Proverb
               ,
               
                 a
                 man
                 should
                 divide
                 honey
                 with
                 a
                 Bear.
                 
              
            
          
           
             
               IOINTURE
               .
            
             
               Iointure
               ,
               it
               is
               so
               called
               ,
               either
               because
               it
               is
               granted
               
                 ratione
                 juncturae
                 in
                 matrimonio
              
               ,
               or
               because
               
               the
               Land
               in
               Frank-marriage
               is
               given
               joyntly
               to
               the
               Husband
               and
               Wife
               ,
               and
               after
               to
               the
               heirs
               of
               their
               bodies
               ,
               whereby
               the
               Husband
               and
               the
               Wise
               be
               made
               joynt-tenants
               during
               the
               Coverture
               .
            
          
           
             
               IUDGES
               .
            
             
               Iudges
               ,
               All
               their
               Commissions
               are
               bounded
               with
               this
               express
               limitation
               ,
               
                 Facturi
                 quod
                 ad
                 justitiam
                 pertinet
                 secundum
                 legem
                 &
                 consuetudinem
                 Angliae
                 .
              
            
             
               The
               Judge
               at
               his
               creation
               takes
               an
               Oath
               ,
               that
               he
               shall
               indifferently
               minister
               justice
               to
               all
               men
               ,
               
               as
               well
               foes
               as
               friends
               ,
               that
               shall
               have
               any
               suit
               or
               plea
               before
               him
               ,
               and
               this
               shall
               he
               not
               forbear
               to
               
               do
               ,
               though
               the
               King
               by
               his
               Letters
               ,
               or
               by
               express
               word
               of
               mouth
               should
               command
               the
               contrary
               .
               He
               shall
               also
               swear
               that
               from
               that
               time
               forward
               ,
               he
               shall
               not
               receive
               or
               take
               any
               Fee
               or
               pension
               ,
               of
               any
               man
               but
               of
               the
               King
               only
               ,
               nor
               any
               gift
               ,
               reward
               ,
               or
               bribe
               of
               any
               man
               having
               suit
               or
               plea
               before
               him
               ,
               saving
               meat
               and
               drink
               ,
               which
               shall
               be
               of
               no
               great
               value
               .
            
             
               It
               is
               a
               Maxim
               in
               the
               Law
               ,
               
                 Aliquis
                 non
                 debet
                 esse
                 jadex
                 in
                 propria
                 causa
                 .
              
            
             
               Henry
               the
               fourth
               of
               that
               name
               ,
               when
               his
               eldest
               Son
               the
               Prince
               was
               by
               the
               Lord
               Chief
               Justice
               ,
               for
               some
               great
               misdemeanours
               ,
               commanded
               and
               committed
               to
               prison
               ,
               he
               thanked
               God
               that
               he
               had
               both
               a
               Son
               of
               that
               obedience
               ,
               and
               a
               Judge
               so
               unpartiall
               ,
               and
               of
               such
               undaunted
               courage
               .
            
             
               Fortescue
               speaketh
               of
               a
               Judge
               complaining
               of
               a
               judgment
               given
               against
               a
               Gentlewoman
               of
               Salisbury
               ,
               
               who
               being
               accused
               by
               her
               own
               man
               ,
               without
               any
               other
               proof
               ,
               for
               murdering
               her
               Husband
               was
               thereupon
               condemned
               and
               burnt
               to
               ashes
               :
               the
               man
               who
               accused
               her
               being
               within
               a
               year
               after
               convict
               for
               the
               same
               offence
               ,
               confest
               that
               his
               Mistris
               was
               altogether
               innocent
               of
               that
               cruell
               fact
               ,
               whose
               terrible
               death
               he
               then
               (
               though
               over
               late
               )
               grievously
               lamented
               :
               but
               this
               Judge
               (
               saith
               the
               same
               Authour
               )
               
                 saepius
                 mihi
                 fassus
                 est
                 ,
                 quod
                 nunquam
                 in
                 vita
                 sua
                 animum
                 ejus
                 de
                 hoc
                 facto
                 purgaret
                 .
              
               He
               himself
               often
               consessed
               unto
               me
               ,
               that
               he
               should
               never
               during
               his
               life
               be
               able
               to
               clear
               his
               conscience
               of
               that
               fact
               .
            
             
               
                 Septimo
                 Hen.
              
               4.
               the
               King
               demands
               of
               Gascoin
               Justice
               if
               he
               see
               one
               in
               his
               presence
               kill
               
                 I.
                 S.
              
               and
               another
               (
               which
               was
               not
               culpable
               )
               was
               indicted
               of
               this
               before
               him
               ,
               and
               found
               guilty
               of
               the
               same
               fact
               ,
               what
               he
               will
               do
               in
               this
               case
               ,
               who
               answered
               
               that
               he
               ought
               to
               respite
               the
               judgment
               against
               
               him
               ,
               because
               he
               knew
               the
               contrary
               ,
               and
               to
               relate
               the
               matter
               ●ully
               to
               the
               King
               ,
               to
               procure
               him
               a
               pardon
               ;
               for
               there
               he
               cannot
               acquit
               him
               ,
               and
               give
               judgment
               of
               his
               private
               knowledg
               ,
               for
               the
               Judges
               have
               a
               private
               and
               judiciall
               knowledge
               ,
               of
               their
               p●ivate
               knowledg
               they
               cannot
               judge
               ,
               but
               may
               use
               their
               discretion
               .
               But
               where
               they
               have
               a
               judiciall
               knowledg
               ,
               there
               they
               may
               and
               ought
               to
               give
               judgment
               according
               to
               that
               .
               As
               it
               one
               be
               arraigned
               upon
               an
               Indictment
               for
               any
               offence
               which
               is
               pardoned
               by
               Parliament
               ,
               there
               they
               ought
               not
               to
               proceed
               in
               this
               ,
               nor
               to
               give
               judgement
               if
               he
               be
               sound
               guilty
               ,
               because
               it
               appears
               to
               them
               by
               their
               judiciall
               knowledge
               ,
               that
               they
               ought
               not
               to
               arr●ign
               them
               ,
               and
               they
               ought
               to
               take
               knowledge
               of
               Statutes
               ,
               although
               they
               be
               not
               pleaded
               .
            
          
           
             
               IUDGMENT
               .
            
             
               Iudgment
               ,
               The
               censure
               of
               the
               Judges
               is
               called
               
                 Iudicium
                 ,
                 quasi
                 juris
                 dictum
              
               ,
               the
               sinall
               saying
               ,
               
               judgment
               and
               doom
               of
               the
               Law.
               
            
             
               Every
               Iudg
               ought
               in
               giving
               his
               judgment
               ,
               to
               avoid
               two
               things
               .
            
             
               
                 1.
                 
                 
                   Precipitationem
                   ,
                   quia
                   ad
                   poenitentiam
                   properat
                   ,
                   cito
                   qui
                   judicat
                   .
                
              
               
                 2.
                 
                 
                   Morosam
                   cunctationem
                   ,
                   viz.
                
                 either
                 when
                 the
                 
                 Law
                 is
                 determined
                 ,
                 or
                 to
                 make
                 a
                 question
                 in
                 the
                 Law
                 where
                 there
                 is
                 none
                 ,
                 to
                 cause
                 delay
                 to
                 the
                 party
                 ,
                 which
                 is
                 in
                 effect
                 a
                 denying
                 of
                 justice
                 .
              
            
          
           
             
               IURATA
               .
            
             
               Iurata
               ,
               A
               Iury
               
                 vox
                 est
                 fori
                 nostri
              
               ,
               and
               signifies
               a
               company
               of
               honest
               and
               lawfull
               men
               ,
               lawfully
               sworn
               ,
               to
               enquire
               and
               relare
               the
               truth
               concerning
               such
               things
               as
               are
               inioyned
               them
               by
               a
               Iudge
               
               
                 Iurata
                 ,
                 Iuratores
              
               ,
               and
               Jury
               are
               so
               called
               
                 à
                 jurando
              
               ,
               they
               are
               called
               
                 in
                 legibus
                 antiquis
                 ,
                 Sacramentales
                 à
                 Sacramento
                 praestando
                 ,
              
               there
               are
               divers
               sorts
               of
               Jurors
               ,
               according
               to
               the
               variety
               of
               antient
               matters
               ,
               and
               the
               nature
               of
               the
               Courts
               ,
               of
               which
               there
               are
               two
               sorts
               more
               especially
               eminent
               ,
               viz.
               
            
             
               
                 1.
                 
                 
                   Iurata
                   delatoria
                
                 ,
                 is
                 which
                 inquires
                 out
                 offenders
                 against
                 Law
                 ,
                 and
                 presents
                 their
                 names
                 together
                 with
                 their
                 offences
                 to
                 the
                 Judge
                 ,
                 
                   ut
                   in
                   examen
                   vocati
                   juris
                   subeant
                   sententiam
                   ,
                   sive
                   ad
                   condemnationem
                   ,
                   sive
                   ad
                   deliberationem
                   ,
                
                 and
                 this
                 is
                 called
                 an
                 Inquest
                 ,
                 and
                 is
                 two-sold
                 .
                 
                   
                     1.
                     
                     
                       Major
                       ,
                       cui
                       totius
                       Comitatus
                       lustratio
                       ,
                       ut
                       in
                       Assisis
                       &
                       Sessionibus
                       pacis
                       ,
                       nec
                       non
                       in
                       curia
                       Regii
                       tribunalis
                       demandatur
                       ,
                    
                     and
                     is
                     called
                     the
                     Grand
                     Jury
                     ,
                     or
                     grand
                     Inquest
                     .
                  
                   
                     2.
                     
                     
                       Minor
                       ,
                       cui
                       minor
                       jurisdictio
                       ,
                       ut
                       unius
                       Hundredi
                       in
                       Sessionibus
                       pacis
                       creditur
                       .
                    
                  
                
              
               
                 2.
                 
                 
                   Iurata
                   judiciaria
                
                 ,
                 is
                 that
                 Jury
                 which
                 determineth
                 
                   de
                   summa
                   litis
                
                 ,
                 or
                 the
                 matter
                 of
                 fact
                 in
                 issue
                 before
                 the
                 Judge
                 ,
                 doth
                 
                   punire
                   de
                   jure
                
                 ,
                 and
                 this
                 Iurata
                 ,
                 or
                 Jury
                 is
                 also
                 twofold
                 .
                 
                   
                     1.
                     
                     Civilis
                     ,
                     which
                     takes
                     cognizance
                     of
                     civil
                     Actions
                     between
                     Subject
                     and
                     Subject
                     .
                  
                   
                     2.
                     
                     Criminalis
                     ,
                     which
                     takes
                     cognizance
                     o●
                     Actions
                     Criminal
                     
                       de
                       vita
                       &
                       membri●
                    
                     and
                     is
                     alwayes
                     betwixt
                     the
                     King
                     ,
                     and
                     the
                     Subject
                     ,
                     commonly
                     called
                     the
                     Jur●
                     of
                     life
                     and
                     death
                     .
                  
                
              
            
             
               The
               determination
               of
               the
               Jury
               is
               called
               some
               times
               
                 duodecim
                 virorum
                 judicium
              
               ,
               for
               that
               t●●
               number
               of
               men
               to
               make
               up
               a
               Jury
               are
               for
               th●
               
               most
               part
               but
               twelve
               ,
               which
               custom
               for
               the
               triall
               of
               matter
               of
               fact
               ,
               is
               very
               antient
               ,
               and
               was
               used
               amongst
               the
               Saxons
               ,
               
                 ut
                 è
                 L.
                 L.
                 ●theldredi
                 in
                 frequ●nti
                 Senateu
                 apud
                 Panatingum
                 editis
                 cap.
              
               4.
               
                 resert
                 Lambertus
                 ,
                 in
                 singulis
                 (
                 inquit
                 )
                 Centuriis
                 Comitia
                 sunto
                 ,
                 atq●e
                 liberae
                 c●nditionis
                 viri
                 du●deni
                 aetatè
                 superi●res
                 una
                 cum
                 pr●p●sito
                 sacra
                 tenentes
                 j●rento
                 se
                 adeo
                 virum
                 ali
                 ●uem
                 innocentem
                 ,
                 haud
                 damnaturos
                 ,
                 so●temve
                 absolutur●s
                 ,
              
               The
               like
               to
               which
               memorial
               is
               ,
               
                 in
                 consulto
                 de
                 monti●ul●s
                 Walliae
                 sub
                 aev●
                 ejusdem
                 Etheldredi
                 cap.
              
               ●
               .
               
                 de
                 pignore
                 ablat●
                 viri
                 du●de●im
                 jure
                 consulti
                 (
                 seu
                 legales
                 )
                 Anglis
                 &
                 Wallis
                 jus
                 dicunt●
                 sc.
                 Angli
                 s●x
                 Walli
                 t●●idem
                 ,
              
               which
               we
               call
               
                 medietas
                 linguae
              
               which
               i●
               a
               priviledge
               or
               courtesie
               afforded
               by
               the
               Law
               to
               strangers
               ,
               aliens
               whose
               King
               is
               in
               league
               with
               us
               ,
               in
               s●its
               about
               things
               personall
               ,
               namely
               that
               the
               Jury
               shall
               consist
               of
               six
               English
               ,
               and
               six
               of
               the
               aliens
               own
               Countrey-men
               ,
               if
               so
               many
               can
               be
               found
               ,
               if
               not
               aliens
               of
               any
               other
               Country
               ,
               who
               by
               league
               are
               capable
               .
            
             
               The
               Office
               of
               the
               Jury
               is
               to
               sind
               
                 veritatem
                 facti
              
               ,
               and
               of
               the
               Judge
               to
               declare
               
                 veritatem
                 juris
              
               .
            
             
               It
               is
               a
               Maxim
               in
               the
               Law
               ,
               
                 quòd
                 ibi
                 semper
                 fieri
              
               
               
                 debet
                 triatio
                 ,
                 ubi
                 juratores
                 meliorem
                 possunt
                 habere
                 notitiam
                 .
              
            
             
               Their
               finding
               is
               called
               
                 veredictum
                 ,
                 quasi
                 dictum
                 veritatis
              
               .
            
             
               By
               the
               Law
               of
               England
               a
               Jury
               after
               their
               evidence
               given
               upon
               the
               issue
               ,
               ought
               to
               be
               kept
               in
               some
               convenient
               place
               ,
               without
               meat
               or
               drink
               ,
               fire
               or
               candle
               ,
               which
               some
               Books
               call
               an
               imprisonment
               ,
               
               and
               without
               speech
               with
               any
               unless
               it
               be
               the
               Bailiff
               ,
               and
               with
               him
               only
               if
               they
               be
               agreed
               .
            
             
               After
               they
               be
               agreed
               ,
               they
               may
               in
               causes
               between
               
               party
               and
               party
               give
               a
               verdict
               before
               any
               of
               the
               Iudges
               of
               the
               Court
               ,
               and
               then
               they
               may
               eat
               and
               drink
               ,
               and
               the
               next
               morning
               in
               open
               Court
               ,
               they
               may
               either
               affirm
               or
               alter
               their
               privy
               verdict
               ,
               and
               that
               which
               is
               given
               in
               Court
               shall
               stand
               .
            
             
               If
               the
               Jury
               after
               their
               evidence
               given
               unto
               them
               at
               the
               Barre
               ,
               do
               at
               their
               own
               charges
               eat
               or
               drink
               either
               before
               or
               a●ter
               they
               be
               agreed
               on
               their
               verdict
               ,
               it
               is
               unable
               ,
               but
               it
               shall
               not
               avoid
               the
               Verdict
               ,
               but
               if
               before
               they
               be
               agreed
               upon
               their
               Verdict
               ,
               they
               eat
               or
               drink
               at
               the
               charge
               of
               the
               Plaintiff
               ,
               if
               the
               verdict
               be
               given
               for
               him
               ,
               it
               shall
               avoid
               the
               Verdict
               ,
               but
               if
               it
               be
               given
               for
               the
               Defendant
               ,
               it
               shall
               not
               avoid
               it
               ,
               
                 &
                 sic
                 è
                 converso
              
               .
               But
               if
               after
               they
               be
               agreed
               on
               their
               verdict
               ,
               they
               eat
               and
               drink
               at
               the
               charge
               of
               him
               for
               whom
               they
               do
               pass
               ,
               it
               shall
               not
               avoid
               the
               verdict
               .
            
             
               If
               A.
               be
               appealed
               or
               indicted
               of
               murder
               ,
               viz.
               that
               he
               of
               malice
               prepensed
               ,
               kills
               
                 I.
                 A.
              
               pleadeth
               
               that
               he
               is
               not
               guilty
               
                 modo
                 &
                 forma
              
               ,
               yet
               the
               Iury
               may
               find
               the
               defendant
               guilty
               of
               man-slaughter
               without
               malice
               prepensed
               ,
               because
               the
               killing
               of
               I.
               is
               the
               matter
               ,
               and
               malice
               prepensed
               is
               but
               a
               circumstance
               .
            
             
               
                 Quod
                 verò
                 Polydorus
                 Virgilius
                 scribit
                 Guilielmum
                 illum
                 victorem
                 duodecim
                 virorum
                 judicium
                 primum
                 induxisse
                 ,
                 nihil
                 à
                 vero
                 alienius
                 .
                 Multis
                 enim
                 ante
                 annis
                 in
                 usu
                 fuisse
                 certissimum
                 est
                 ex
                 legibus
                 Ethelredi
                 ,
                 nec
                 est
                 our
                 terrible
                 judicium
                 vocaret
                 ,
                 è
                 populo
                 enim
                 duodecim
                 viri
                 liberi
                 &
                 legales
                 è
                 vicinia
                 ritè
                 evo●antur
                 ,
                 hi
                 jurejurando
                 obligantur
                 vere
                 de
                 facto
                 sententiam
                 dicere
                 ,
                 advocatos
                 coram
                 testes
                 tribunali
                 ut●inque
                 differentes
                 ,
                 &
                 audiunt
                 ;
                 inde
                 acceptis
              
               
               
                 utrius●
                 ;
                 partis
                 instrumentis
                 concl●●u●tur
                 ,
                 sine
                 ci●●●
                 ,
                 p●tu
                 ,
                 &
                 igne
                 detinentur
                 (
                 ni
                 sorte
                 periculum
              
               
               
                 sit
                 ne
                 ex
                 iilis
                 quispiam
                 moriatur
                 )
                 donec
                 coram
                 judice
                 pronun●iaverint
                 ,
                 ille
                 de
                 jure
                 sententiam
                 prose●t
                 .
                 Hanc
                 enim
                 rationem
                 prudentissimi
                 majores
                 nostri
                 ,
                 optimam
                 esse
                 ad
                 veritatem
                 eliciendam
                 ,
                 ad
                 corruptelas
                 evitandas
                 ,
                 &
                 affectus
                 intercludendos
                 existimarunt
                 .
              
            
          
           
             
               IUSTICES
               .
            
             
               Iustices
               ,
               They
               are
               called
               Iustices
               
                 per
                 metonom●am
                 subjecti
              
               ,
               because
               they
               do
               or
               should
               do
               Law
               
               and
               Iustice.
               
            
             
               All
               the
               Commissions
               of
               the
               Iustices
               of
               the
               Assize
               are
               bounded
               with
               this
               express
               limitation
               ,
               
                 Factum
                 quod
                 ad
                 justitiam
                 pertinet
                 secundum
                 legem
                 &
                 consuetudinem
                 Argliae
                 .
              
            
          
        
         
           
             K.
             
          
           
             
               KING
               .
            
             
               KING
               ,
               The
               King
               by
               his
               dignity
               royall
               ,
               is
               the
               principall
               Conservator
               of
               Peace
               within
               his
               Dominions
               ,
               and
               is
               
                 capitalis
                 Iustitiarius
                 Angliae
              
               .
               The
               Kings
               of
               England
               themselves
               heretofore
               often
               ●●●
               in
               Court
               in
               the
               Kings
               Bench
               ,
               the
               King
               of
               Denmark
               sitteth
               open●●
               in
               Iustice
               thrice
               in
               the
               Week
               ,
               and
               hath
               doores
               kept
               open
               for
               the
               nonce
               .
               
            
             
               The
               Kings
               of
               England
               at
               their
               Coronation
               take
               a
               solemn
               oath
               to
               came
               all
               the
               Customes
               of
               their
               Realm
               faithfully
               to
               be
               observed
               ,
               they
               promise
               to
               all
               their
               Subjects
               ,
               
                 ●●●d
                 ●●●●
                 〈◊〉
                 ,
                 nulli
                 n●●abunt
                 ,
                 aut
                 different
                 justitiam
                 vel
                 〈◊〉
                 .
              
            
             
             
               The
               King
               cannot
               take
               or
               part
               from
               any
               thing
               but
               by
               matter
               of
               Record
               ,
               and
               that
               is
               for
               the
               dignity
               and
               Maie●●●
               of
               his
               person
               .
            
             
               
                 Rex
                 precipit
                 ,
                 &
                 lex
                 precipit
                 ,
              
               are
               all
               one
               ,
               for
               the
               King
               must
               command
               by
               matter
               of
               Record
               ,
               according
               to
               the
               Law.
               Cooks
               2
               
                 part
                 of
                 I●stit
                 .
                 cap.
              
               15.
               
            
             
               All
               Lands
               are
               holden
               of
               him
               either
               immediately
               ,
               
               or
               mediately
               ,
               no
               Action
               lieth
               against
               him
               .
            
             
               It
               is
               a
               Maxim
               in
               the
               Law
               ,
               
                 That
                 the
                 King
                 can
              
               
               
                 do
                 no
                 wrong
              
               ,
               because
               it
               presumes
               he
               will
               do
               no
               wrong
               .
            
             
               The
               King
               hath
               two
               capacities
               in
               him
               .
            
             
               One
               a
               naturall
               body
               ,
               being
               descended
               of
               the
               blood
               Royal
               of
               the
               Realm
               ,
               and
               this
               body
               is
               of
               the
               creation
               of
               the
               Almighty
               God
               ,
               and
               is
               subject
               to
               death
               ,
               infirmity
               .
            
             
               2.
               
               A
               politique
               body
               or
               capacity
               ,
               so
               called
               because
               it
               is
               framed
               by
               the
               policy
               of
               men
               ,
               and
               in
               this
               capacity
               ,
               it
               is
               said
               ,
               the
               King
               never
               dieth
               .
            
             
               Although
               it
               be
               a
               Rule
               in
               the
               Law
               ,
               that
               the
               King
               is
               not
               bound
               by
               the
               generall
               words
               of
               an
               
               Act
               of
               Parliament
               ,
               where
               he
               is
               not
               named
               ,
               yet
               in
               these
               cases
               the
               King
               shall
               be
               bound
               by
               the
               generall
               words
               of
               an
               Act
               ,
               though
               he
               be
               not
               named
               ,
               viz.
               if
               the
               Statute
               be
               to
               supress
               wrong
               ,
               to
               take
               away
               fraud
               ,
               or
               to
               prevent
               decay
               of
               Religion
               ,
               for
               Religion
               ,
               Justice
               and
               truth
               are
               the
               Supporters
               of
               Crowns
               and
               Diadems
               .
            
          
           
             
               KNIGHT
               .
            
             
               Knight
               ,
               is
               a
               Saxon
               word
               ,
               and
               by
               them
               written
               
                 Cnit●
                 ,
                 ●hivaler
              
               taketh
               his
               Name
               from
               the
               Horse
               ,
               because
               they
               alwaies
               served
               in
               Warres
               
               on
               hors-back
               .
               The
               Latins
               call
               them
               equites
               ,
               the
               
                 Spaniards
                 Cavalleroes
              
               ,
               the
               French-men
               ,
               
               Chivaliers
               ,
               the
               Italians
               Cavallieri
               ,
               and
               the
               Germaines
               Reiters
               ,
               all
               from
               the
               Horse
               .
            
          
           
             
               KNIGHTS-FEE
               .
            
             
               A
               Knights-Fee
               consisteth
               of
               twenty
               pound
               
               Land
               ,
               and
               he
               payeth
               for
               his
               relief
               ,
               for
               a
               whole
               Knights
               Fee
               ,
               the
               fourth
               part
               of
               his
               Fee
               ,
               viz.
               five
               pound
               and
               so
               according
               to
               the
               rate
               .
            
          
           
             
               KNIGHTS-SERVICE
               .
            
             
               Knights-Service
               ,
               is
               commonly
               called
               
                 servitium
                 militare
              
               ,
               or
               
                 servitium
                 militis
              
               .
               Regularly
               there
               are
               six
               incidents
               to
               Knights
               service
               ,
               viz.
               two
               of
               
               honour
               and
               submission
               ,
               as
               Homage
               and
               Fealty
               ,
               and
               four
               of
               profit
               ,
               Escuage
               ,
               wardship
               of
               the
               Lands
               ,
               marriage
               and
               relief
               .
            
             
               It
               was
               called
               
                 servitium
                 militare
              
               ,
               the
               service
               of
               a
               Souldier
               ,
               and
               the
               title
               of
               Knight-hood
               came
               first
               by
               doing
               some
               military
               service
               ,
               and
               miles
               signifieth
               both
               a
               Souldier
               and
               a
               Knight
               .
            
          
        
         
           
           
             L.
             
          
           
             
               LAND
               .
            
             
               LAnd
               ,
               The
               Land
               of
               every
               man
               is
               in
               the
               Law
               inclosed
               from
               other
               ,
               though
               it
               lie
               in
               the
               open
               field
               ,
               and
               therefore
               if
               a
               man
               do
               trespass
               
               therein
               ,
               the
               W●i●
               shall
               be
               ,
               
                 Quare
                 clausu●
                 fregit
              
               .
            
             
               Terra
               ,
               Land
               in
               his
               generall
               and
               legall
               signification
               ,
               
               includeth
               not
               only
               kind
               of
               grounds
               ,
               as
               Medow
               ,
               Pasture
               ,
               wood
               ,
               but
               House●
               ,
               and
               all
               Edifices
               whatsoever
               :
               i●
               a
               more
               restrained
               sense
               it
               is
               taken
               for
               arable
               ground
               .
            
             
               Twenty
               pound
               of
               Land
               was
               held
               antiently
               sufficient
               to
               m●●●t
               in
               the
               degree
               of
               a
               Knight
               ,
               400
               
               markes
               of
               Land
               
                 per
                 annum
              
               ,
               was
               a
               competent
               living
               〈◊〉
               or
               a
               Baron
               ,
               and
               400
               l.
               
                 per
                 annum
                 ,
                 ad
                 sustinendum
                 nomen
                 &
                 ●us
              
               of
               an
               Earl
               8●●
               markes
               
                 per
                 annum
              
               ,
               the
               Revenue
               of
               a
               Marquels
               ,
               and
               800
               l.
               of
               a
               Duke
               .
            
             
               
                 Qui
                 capit
                 u●orem
                 ,
                 capit
                 lites
                 ,
                 &
                 qui
                 habet
                 terras
                 ,
                 ha●er
                 〈◊〉
                 .
              
               A
               Wise
               brings
               Warres
               ,
               and
               wealth
               brings
               Warres
               ,
               Quarrels
               ,
               Suits
               and
               Controversies
               at
               Law.
               
            
             
               All
               Lands
               are
               holden
               of
               the
               Crown
               either
               immediately
               
               or
               mediately
               by
               meine
               Tenants
               ,
               the
               Conqueror
               by
               righ●
               o●
               Conquest
               got
               all
               the
               Lands
               of
               the
               Realm
               into
               his
               own
               hands
               ,
               and
               as
               he
               gave
               it
               ,
               he
               still
               reserved
               Rents
               ,
               and
               services
               ,
               which
               reservation
               is
               that
               which
               is
               called
               the
               Tenure
               of
               Lands
               .
            
             
               
                 Terra
                 Land
              
               ,
               in
               the
               legall
               signification
               comprehendeth
               any
               ground
               ,
               soil
               ,
               or
               earth
               whatsoever
               ,
               
               as
               Medows
               ,
               Pastures
               ,
               Woods
               ,
               Moors
               ,
               Waters
               ,
               Ma●ishes
               ,
               Furses
               and
               Heath
               ,
               
                 Terra
                 est
                 n●men
                 generalissimum
                 ,
                 &
                 comprehendit
                 omnes
                 species
                 terrae
                 ,
              
               
               but
               properly
               
                 terra
                 dicitur
                 à
                 terendo
                 ,
                 quia
                 vomere
                 teritur
                 ,
              
               and
               antiently
               it
               was
               written
               with
               a
               single
               ●
               ,
               and
               in
               that
               sense
               it
               includeth
               whatsoever
               may
               be
               ploughed
               ,
               and
               is
               all
               one
               with
               
                 arvum
                 ab
                 arando
              
               .
               It
               legally
               includeth
               also
               all
               Castles
               ,
               Houses
               and
               other
               buildings
               :
               For
               Castles
               and
               Houses
               consist
               upon
               two
               things
               ,
               viz.
               Lands
               or
               Ground
               ,
               as
               the
               foundation
               and
               structure
               thereupon
               ;
               ●o
               as
               passing
               the
               Land
               or
               Ground
               ,
               the
               structure
               or
               building
               passeth
               therewith
               .
            
             
               The
               earth
               hath
               in
               Law
               a
               great
               extent
               upwards
               ,
               
               for
               
                 cujus
                 est
                 solum
                 ,
                 ejus
                 est
                 usque
                 ad
                 caelum
                 .
              
            
             
               If
               a
               man
               seized
               of
               Lands
               in
               see
               ,
               by
               his
               Deed
               granteth
               to
               another
               the
               profits
               of
               those
               Lands
               ,
               to
               have
               and
               to
               hold
               to
               him
               and
               to
               his
               Heirs
               ,
               and
               maketh
               livery
               
                 secundum
                 formam
                 chartae
              
               ,
               the
               whole
               Land
               it self
               doth
               pass
               ,
               for
               what
               is
               the
               Land
               ,
               but
               the
               profits
               thereof
               ?
               for
               thereby
               pasture
               ,
               herbage
               ,
               trees
               ,
               mines
               ,
               and
               all
               whatsoever
               parcell
               of
               the
               Land
               doth
               pass
               .
            
          
           
             
               LARCENIE
               .
            
             
               Larcenie
               ,
               is
               so
               called
               from
               the
               Latin
               ,
               Latrocinium
               ;
               
               it
               is
               defined
               to
               be
               the
               taking
               away
               of
               some
               personall
               Chattel
               in
               the
               absence
               of
               the
               owner
               .
               In
               respect
               of
               the
               thing
               taken
               away
               ,
               it
               is
               said
               to
               be
               either
               great
               or
               little
               .
               Petty
               Larceny
               is
               ,
               where
               the
               thing
               stollen
               doth
               not
               exceed
               the
               value
               of
               12
               d.
               and
               that
               (
               say
               some
               )
               is
               Felony
               :
               For
               the
               Indictment
               (
               say
               they
               )
               must
               be
               
                 felonice
                 coepit
              
               ,
               and
               a
               man
               may
               justifie
               the
               calling
               of
               one
               theif
               for
               such
               an
               offence
               ,
               and
               he
               shall
               forfeit
               all
               his
               goods
               and
               chattels
               for
               such
               a
               felony
               .
            
             
             
               If
               one
               shall
               steal
               goods
               to
               the
               value
               of
               4.
               d.
               at
               one
               time
               ,
               and
               6
               d.
               at
               another
               ,
               and
               of
               3.
               d.
               at
               another
               time
               ,
               which
               do
               exceed
               the
               value
               of
               12
               d.
               and
               the●e
               severall
               goods
               be
               all
               stolen
               from
               one
               and
               the
               same
               person
               ,
               then
               may
               they
               be
               put
               together
               in
               one
               Indictment
               ;
               and
               the
               offender
               being
               thereupon
               arraigned
               ,
               and
               sound
               guilty
               ,
               shall
               have
               judgment
               of
               Death
               .
            
          
           
             
               LATINE
               .
            
             
               Latine
               .
               Fals
               Latin
               shall
               not
               quash
               an
               Indictment
               ,
               
               nor
               abate
               any
               Declaration
               ;
               for
               although
               the
               Original
               Writ
               shall
               abate
               for
               sal●e
               Latin
               ,
               yet
               judicial
               Writs
               ,
               or
               a
               Fine
               ,
               shall
               not
               be
               impeached
               for
               false
               Latin.
               
            
             
               The
               same
               Law
               is
               of
               an
               Indictment
               ,
               as
               if
               in
               an
               Indictment
               it
               be
               
                 proefato
                 reginae
              
               ,
               whereas
               it
               should
               be
               
                 praefatae
                 reginae
              
               ,
               or
               
                 praefatae
                 Regi
              
               ,
               for
               
                 praefato
                 Regi
              
               ;
               the
               word
               being
               Latin
               ,
               and
               significant
               ;
               although
               it
               be
               not
               congruous
               Latin
               ,
               the
               Indictment
               for
               such
               incongruity
               shall
               not
               be
               quashed
               .
            
             
               But
               if
               the
               word
               be
               not
               Latin
               ,
               nor
               a
               word
               allowed
               by
               the
               Law
               ,
               as
               
                 vocabulum
                 artis
              
               ,
               (
               for
               every
               Art
               and
               Science
               have
               their
               
                 propria
                 vacabula
                 Artis
              
               )
               but
               i●
               insensible
               ;
               and
               if
               it
               be
               in
               a
               materiall
               point
               ,
               this
               makes
               the
               Indictment
               insufficient
               ,
               as
               
                 burglaritur
                 ,
                 murarum
                 ,
                 selonicè
                 ,
                 &
                 similia
                 sunt
                 vocabula
                 Artis
              
               known
               to
               the
               Law
               ;
               and
               therefore
               if
               these
               words
               ,
               or
               the
               like
               ,
               be
               mistaken
               in
               an
               Indictment
               ,
               so
               that
               in
               a
               materiall
               place
               there
               is
               an
               insensible
               word
               which
               is
               not
               Latin
               ,
               nor
               any
               word
               known
               in
               the
               Law
               ,
               this
               makes
               the
               Indictment
               vitious
               and
               insufficient
               ,
               as
               murdredum
               for
               murdrum
               ,
               or
               burgariter
               for
               
                 burgulariter
                 ;
                 feloniter
              
               for
               felonice
               .
            
          
           
             
             
               LAW
               .
            
             
               Law
               ,
               is
               an
               Art
               of
               well-ordering
               a
               Civil
               Society
               .
               
            
             
               Our
               Common
               Laws
               are
               aptly
               and
               properly
               called
               
                 Leges
                 Angliae
              
               the
               Laws
               of
               England
               ,
               because
               they
               are
               appropriated
               to
               this
               Kingdom
               of
               England
               as
               most
               apt
               and
               sit
               for
               the
               Government
               thereof
               ,
               and
               have
               no
               dependance
               upon
               any
               forrein
               Law
               whatsoever
               ,
               no
               not
               upon
               the
               Civil
               or
               Canon
               Law
               other
               then
               in
               Cases
               allowed
               by
               the
               Laws
               of
               
                 England
                 .
                 Cook
                 's
              
               2
               
                 part
                 of
                 Instit.
                 c.
              
               ●
               .
            
             
               The
               Common
               Law
               of
               England
               is
               a
               Law
               used
               time
               out
               of
               mind
               ,
               or
               by
               prescription
               throughout
               the
               Realm
               .
            
             
               The
               Law
               of
               nature
               is
               that
               which
               God
               at
               the
               time
               of
               creation
               of
               the
               nature
               of
               man
               ,
               infused
               into
               his
               heart
               for
               his
               perservation
               and
               direction
               ,
               and
               this
               is
               
                 lex
                 aeterna
              
               ;
               this
               was
               2000
               years
               before
               
               any
               Law
               written
               ,
               and
               before
               any
               Judiciall
               or
               Municipall
               Laws
               .
               
                 Iura
                 naturalia
                 sunt
                 immutabilia
              
               this
               Law
               is
               
                 indelibilis
                 &
                 immutabilis
              
               ,
               Cook
               Calvins
               Case
               .
            
             
               The
               Law
               of
               England
               is
               grounded
               upon
               six
               principall
               Points
               :
            
             
               
                 1.
                 
                 The
                 Law
                 of
                 Reason
                 .
              
               
                 2.
                 
                 The
                 Law
                 of
                 God.
                 
              
               
                 3.
                 
                 On
                 divers
                 generall
                 Customes
                 of
                 this
                 Realm
                 .
              
               
                 
                 4.
                 
                 On
                 divers
                 Principles
                 and
                 Maximes
                 .
              
               
                 5.
                 
                 On
                 divers
                 particular
                 Customes
                 .
              
               
                 6.
                 
                 On
                 divers
                 Statutes
                 made
                 in
                 Parliaments
                 .
              
            
             
               The
               Antient
               and
               excellent
               Laws
               of
               Aengland
               
               are
               the
               Birth-right
               ,
               and
               the
               most
               antient
               and
               best
               inheritance
               that
               the
               Subjects
               of
               this
               Realm
               have
               ,
               for
               by
               them
               he
               enjoyeth
               not
               only
               his
               Inheritance
               and
               goods
               in
               peace
               and
               quietness
               ,
               but
               his
               life
               ,
               and
               his
               most
               dear
               Countrey
               in
               safety
               :
               sometime
               it
               is
               called
               Right
               ;
               sometime
               
                 Common
                 Right
              
               ,
               and
               sometime
               
                 Communis
                 Iustitia
              
               .
            
             
               Our
               Laws
               are
               the
               same
               which
               the
               Norman
               Conqueror
               found
               in
               this
               Realm
               of
               England
               .
               The
               Laws
               that
               William
               the
               Conqueror
               sware
               to
               
               observe
               ,
               were
               ,
               
                 Bonae
                 &
                 approbatae
                 antiquae
                 regni
                 leges
                 .
              
            
             
               The
               Law
               of
               England
               respects
               the
               effects
               and
               substance
               of
               the
               matter
               ,
               and
               not
               the
               very
               niceity
               of
               form
               and
               circumstance
               ,
               
                 Qui
                 haeret
                 in
                 litera
                 ,
                 heret
              
               
               
                 in
                 cortice
                 ,
                 apices
                 juris
                 non
                 sunt
                 jura
                 :
                 Nihil
                 quod
                 est
                 cortra
                 rationem
                 ,
                 est
                 licitum
                 :
              
               For
               Reason
               is
               the
               life
               of
               the
               Law
               ,
               nay
               ,
               the
               Common
               Law
               it self
               is
               nothing
               else
               but
               Reason
               ,
               which
               is
               to
               be
               understood
               of
               an
               artificiall
               perfection
               of
               reason
               gotten
               by
               long
               study
               ,
               observation
               ,
               and
               experience
               ,
               and
               not
               of
               every
               mans
               naturall
               reason
               :
               For
               
                 nemo
                 nas●itur
              
               
               artifex
               .
               This
               legall
               reason
               is
               
                 summa
                 ratio
              
               .
               And
               therefore
               ,
               if
               all
               the
               reason
               that
               is
               dispersed
               into
               so
               many
               severall
               heads
               were
               united
               into
               one
               ,
               yet
               could
               he
               not
               make
               such
               a
               Law
               as
               the
               Law
               of
               England
               is
               ,
               because
               by
               many
               successions
               of
               Ages
               it
               hath
               been
               fined
               and
               refined
               ,
               by
               an
               infinite
               number
               of
               grave
               and
               learned
               men
               ,
               and
               by
               long
               experience
               grown
               to
               such
               a
               perfection
               for
               the
               Government
               of
               this
               Realm
               ,
               as
               the
               old
               Rule
               may
               justly
               be
               verified
               of
               it
               ,
               
                 Neminem
                 oportet
                 esse
                 sapientiorem
                 legibus
              
               .
               No
               man
               (
               out
               of
               his
               own
               private
               reason
               )
               
               ought
               to
               be
               wiser
               then
               the
               Law
               ,
               which
               is
               the
               perfection
               of
               Reason
               .
            
             
               
                 Quaeritur
                 ,
                 ut
                 crescunt
                 tot
                 magna
                 volumin●
                 legis
                 ?
              
               
                 In
                 promptu
                 causa
                 est
                 ,
                 crescit
                 in
                 orbe
                 dolus
                 .
              
            
             
               All
               Books
               written
               in
               the
               Law
               are
               either
               Historicall
               ,
               
               as
               the
               Year-Books
               of
               the
               Common
               Law
               ,
               or
               explanatory
               ,
               as
               M
               r
               Stamford
               his
               Treatise
               of
               the
               Prerogative
               ,
               or
               Miscellan●all
               ,
               as
               the
               Abridgements
               of
               the
               Common
               Law
               ,
               or
               Monologicall
               ,
               being
               of
               one
               certain
               subject
               ,
               as
               M
               r
               Stamford
               his
               Book
               intituled
               the
               Pleas
               of
               the
               Crown
               ,
               Lamberds
               Justice
               of
               Peace
               .
               One
               of
               the
               Books
               of
               the
               Law
               is
               called
               Fleta
               ,
               because
               the
               Authour
               wrote
               it
               in
               the
               Fleet
               ,
               and
               the
               Fleet
               took
               the
               name
               of
               the
               River
               running
               by
               it
               ,
               called
               the
               Fleet.
               Cook
               's
               Preface
               to
               10
               Rep.
               See
               M
               r
               
                 Seld.
                 ad
                 Fled
                 .
                 Dissect
              
               .
            
          
           
             
               LEGACY
               .
            
             
               Legacy
               (
               otherwise
               termed
               by
               our
               Common
               Lawyers
               a
               devise
               )
               is
               a
               Gift
               left
               by
               the
               deceased
               to
               be
               paid
               or
               performed
               by
               the
               Executor
               ,
               or
               Administrator
               .
            
          
           
             
               LEASES
               .
            
             
               Leases
               .
               There
               be
               three
               kinds
               of
               persons
               ,
               
               that
               at
               this
               day
               may
               make
               Leases
               for
               three
               Lives
               ,
               which
               could
               not
               do
               so
               when
               Littleton
               wrote
               .
            
             
               
                 1.
                 
                 Any
                 person
                 seised
                 of
                 an
                 Estate
                 tail
                 in
                 his
                 own
                 right
                 .
              
               
                 2.
                 
                 Any
                 person
                 seised
                 of
                 an
                 Estate
                 in
                 Fee-simple
                 in
                 
                 the
                 right
                 of
                 his
                 Church
                 .
              
               
                 3.
                 
                 Any
                 Husband
                 and
                 Wife
                 seised
                 of
                 any
                 Estate
                 of
                 Inheritance
                 in
                 Fee-simple
                 ,
                 or
                 Fee-tail
                 in
                 the
                 right
                 of
                 his
                 Wife
                 ,
                 or
                 joyntly
                 with
                 his
                 Wife
                 before
                 the
                 coverture
                 ,
                 or
                 after
                 .
              
            
             
             
               If
               one
               make
               a
               Lease
               for
               so
               many
               years
               as
               he
               
               shall
               live
               ,
               this
               is
               void
               
                 in
                 praesenti
              
               ,
               for
               the
               incertainty
               .
            
             
               In
               the
               eye
               of
               the
               Law
               ,
               any
               estate
               for
               life
               being
               an
               estate
               for
               free-hold
               ,
               against
               whom
               a
               praecipe
               
               doth
               lie
               ,
               is
               an
               higher
               and
               greater
               estate
               then
               a
               Lease
               for
               years
               ,
               though
               it
               be
               for
               a
               thousand
               ,
               or
               more
               ,
               which
               are
               never
               without
               suspicion
               of
               fraud
               .
            
             
               Touching
               the
               time
               of
               the
               beginning
               of
               a
               Lease
               for
               years
               ;
               it
               is
               to
               be
               observed
               ,
               that
               is
               a
               Lease
               be
               made
               by
               indenture
               ,
               bearing
               date
               26
               May
               ,
               to
               have
               and
               to
               hold
               for
               twenty
               one
               years
               ,
               from
               the
               date
               ,
               or
               from
               the
               day
               of
               the
               date
               ,
               it
               shall
               begin
               on
               the
               twenty
               seventh
               day
               of
               May
               ,
               if
               the
               Lease
               
               bear
               date
               the
               twenty
               sixth
               day
               of
               May
               ,
               &c.
               to
               have
               and
               to
               hold
               from
               the
               making
               thereof
               ,
               or
               from
               henceforth
               ,
               it
               shall
               begin
               on
               the
               day
               in
               which
               it
               is
               delivered
               ;
               for
               the
               words
               of
               the
               Indenture
               are
               not
               of
               any
               effect
               till
               the
               delivery
               ,
               and
               thereby
               from
               the
               making
               or
               henceforth
               take
               their
               first
               effect
               .
               But
               if
               it
               be
               
                 à
                 die
                 confectionis
              
               ,
               then
               it
               shall
               begin
               
               on
               the
               next
               day
               after
               the
               delivery
               ,
               if
               the
               habe●dum
               be
               for
               the
               term
               of
               twenty
               one
               years
               without
               mentioning
               when
               it
               shall
               begin
               ,
               it
               shall
               begin
               from
               the
               delivery
               ,
               for
               there
               the
               words
               take
               effect
               .
               If
               an
               Indenture
               or
               Lease
               bear
               date
               which
               is
               void
               ,
               or
               impossible
               ,
               as
               the
               30
               day
               of
               February
               ,
               or
               40
               of
               March
               ,
               if
               in
               this
               case
               the
               term
               be
               limited
               to
               begin
               from
               the
               date
               ,
               it
               shall
               begin
               from
               the
               delivery
               ,
               as
               if
               there
               had
               been
               no
               date
               at
               all
               .
            
             
               It
               is
               true
               ,
               that
               every
               Lease
               at
               will
               must
               be
               at
               the
               
               will
               of
               both
               parties
               ,
               and
               therefore
               when
               the
               Lease
               is
               made
               to
               have
               and
               to
               hold
               at
               the
               will
               of
               the
               Lessor
               ,
               the
               Law
               implyeth
               it
               to
               be
               at
               the
               will
               of
               the
               Lessee
               also
               ;
               for
               it
               cannot
               be
               at
               the
               will
               of
               
               the
               Lessor
               ,
               but
               it
               must
               be
               at
               the
               will
               of
               the
               Lessee
               .
            
             
               If
               the
               Wife
               of
               
                 I.
                 S.
              
               be
               great
               with
               Child
               with
               a
               Sonne
               ,
               and
               a
               Lease
               be
               made
               untill
               the
               issue
               in
               the
               Womb
               of
               his
               Mother
               come
               to
               full
               age
               ,
               this
               is
               not
               a
               Lease
               for
               years
               ;
               for
               at
               the
               time
               when
               the
               Lease
               is
               to
               take
               effect
               ,
               it
               is
               uncertain
               when
               the
               Sonne
               shall
               be
               born
               ;
               and
               by
               consequence
               the
               begining
               ,
               continuance
               ,
               and
               end
               of
               this
               is
               uncertain
               .
               And
               when
               a
               Lease
               for
               years
               shall
               be
               made
               good
               by
               reference
               ,
               the
               reference
               ought
               to
               be
               to
               a
               thing
               which
               hath
               expressed
               certainty
               at
               the
               time
               of
               the
               Lease
               made
               ,
               and
               not
               to
               a
               possible
               or
               causuall
               certainty
               .
               Therefore
               ,
               if
               I
               have
               rent
               of
               20
               s.
               
                 per
                 annum
              
               in
               fee
               issuing
               out
               of
               Black
               Acre
               ,
               payable
               
               continually
               at
               the
               Feast
               of
               Easter
               ,
               and
               I
               grant
               the
               same
               Rent
               to
               you
               untill
               ye
               shall
               have
               received
               of
               the
               same
               Rent
               21
               l.
               in
               this
               case
               you
               shall
               have
               this
               Rent
               for
               21
               years
               ;
               for
               this
               hath
               reference
               to
               the
               express
               certainty
               ,
               viz.
               the
               annuall
               Rent
               ,
               which
               is
               twenty
               Shillings
               
                 per
                 annum
              
               ,
               untill
               twenty
               one
               pounds
               be
               levied
               of
               the
               issues
               and
               profits
               ,
               this
               is
               but
               a
               Lease
               at
               will
               without
               livery
               ,
               for
               it
               is
               not
               certain
               ,
               that
               the
               Land
               shall
               be
               every
               year
               of
               an
               annuall
               value
               .
            
             
               If
               a
               man
               hath
               Mines
               hidden
               within
               his
               Land
               ,
               
               and
               leaseth
               his
               land
               ,
               and
               all
               the
               Mines
               within
               it
               ,
               there
               the
               Lessee
               may
               dig
               for
               them
               ,
               for
               
                 Quando
                 aliquis
                 aliquid
                 concedit
                 ,
                 concedere
                 videtur
                 &
                 id
                 sine
                 quo
                 ●es
                 ipsa
                 esse
                 non
                 potest
                 .
              
            
             
               There
               must
               not
               be
               a
               double
               Lease
               in
               being
               at
               one
               time
               ,
               as
               if
               a
               Lease
               for
               years
               be
               made
               according
               to
               the
               Statute
               ,
               he
               in
               reversion
               cannot
               put
               but
               the
               Lessee
               ,
               and
               make
               a
               Lease
               for
               life
               ,
               or
               lives
               ,
               according
               to
               the
               Statute
               ,
               nor
               
                 è
                 converso
              
               ;
               for
               the
               
               words
               of
               the
               Statute
               be
               to
               make
               a
               Lease
               for
               three
               lives
               ,
               or
               one
               and
               twenty
               years
               ,
               so
               as
               one
               or
               the
               
               other
               may
               be
               made
               ,
               and
               not
               both
               .
            
             
               A
               Lease
               of
               Lands
               is
               as
               good
               without
               deed
               as
               with
               deed
               .
               But
               in
               a
               Lease
               for
               term
               of
               life
               ,
               it
               behoveth
               to
               give
               livery
               and
               seism
               upon
               the
               land
               ,
               or
               else
               nothing
               shall
               pass
               by
               the
               grant
               ,
               because
               they
               are
               called
               Free-holds
               .
            
          
           
             
               LIBELL
               .
            
             
               Libell
               .
               Every
               Libell
               (
               which
               is
               called
               
                 samo●us
                 libellus
              
               seu
               
                 infamatoria
                 scriptura
              
               )
               is
               made
               either
               against
               a
               private
               man
               ,
               or
               against
               a
               Magistrate
               ,
               or
               publique
               person
               ;
               the
               first
               deserves
               a
               severe
               punishment
               ;
               for
               although
               the
               Libell
               be
               made
               against
               one
               ,
               yet
               this
               incites
               all
               the
               same
               Family
               ,
               kindred
               ,
               or
               socie●y
               to
               revenge
               ;
               the
               second
               is
               a
               greater
               offence
               ,
               for
               it
               concernes
               not
               only
               the
               breach
               of
               Peace
               ,
               but
               the
               scandall
               of
               Government
               .
            
             
               2.
               
               Although
               the
               private
               man
               or
               Magistrate
               be
               dead
               at
               the
               time
               of
               making
               the
               Libell
               ,
               yet
               this
               is
               punishable
               :
               for
               in
               one
               case
               this
               incites
               others
               of
               the
               same
               Family
               ,
               Blood
               ,
               or
               Society
               ,
               to
               break
               the
               Peace
               ;
               and
               in
               the
               other
               the
               Libeller
               traduceth
               an●
               slandereth
               the
               State
               and
               Government
               ,
               which
               dieth
               not
               .
            
             
               3.
               
               A
               Libeller
               was
               to
               be
               punished
               either
               by
               indictment
               at
               the
               Common
               Law
               ,
               or
               by
               Bill
               ,
               if
               he
               
               deny
               this
               ,
               or
               
                 ore
                 t●enus
              
               ,
               upon
               consession
               in
               the
               Star-Chamber
               ,
               and
               according
               to
               the
               quality
               of
               his
               offence
               ,
               he
               was
               to
               be
               punished
               by
               sine
               or
               imprisonment
               ,
               and
               if
               the
               case
               be
               exorbitant
               ,
               by
               pillo●y
               and
               loss
               o●
               his
               ears
               .
            
             
               4.
               
               
                 Non
                 refert
              
               ,
               it
               skills
               not
               ,
               whether
               the
               Libeil
               be
               true
               ,
               or
               the
               party
               against
               whom
               this
               is
               done
               ,
               be
               of
               good
               or
               evil
               same
               .
            
             
               Every
               infamous
               Libell
               ,
               
                 aut
                 est
                 in
                 scriptis
                 aut
                 sine
                 scriptis
                 :
              
            
             
               
               
                 1.
                 
                 
                   In
                   scriptis
                
                 ,
                 when
                 an
                 Epigram
                 ,
                 or
                 other
                 writing
                 is
                 composed
                 ,
                 or
                 published
                 to
                 anothers
                 disgrace
                 ,
                 and
                 it
                 may
                 be
                 published
                 
                   Verbis
                   aut
                   ●antilenis
                
                 ,
                 as
                 where
                 this
                 is
                 malitiously
                 repeated
                 or
                 sung
                 in
                 the
                 presence
                 of
                 others
                 .
              
               
                 2.
                 
                 Traditione
                 ,
                 when
                 the
                 Libell
                 ,
                 or
                 any
                 Copy
                 of
                 it
                 is
                 delivered
                 over
                 to
                 scandalize
                 the
                 party
                 .
                 Famosus
                 
                 
                   libellus
                   sine
                   scriptis
                
                 may
                 be
                 
                   
                     1.
                     
                     Picturis
                     ,
                     as
                     to
                     paint
                     the
                     party
                     in
                     a
                     shamefull
                     and
                     ignominious
                     manner
                     .
                  
                   
                     2.
                     
                     Signis
                     ,
                     as
                     to
                     fix
                     a
                     Gallowes
                     ,
                     or
                     other
                     reproachfull
                     and
                     ignominious
                     signes
                     at
                     the
                     door
                     of
                     the
                     party
                     ,
                     or
                     else-where
                     .
                     And
                     it
                     was
                     resolved
                     ,
                     M●●h
                     .
                     43.
                     and
                     44
                     Elizab.
                     in
                     the
                     Star-Chamber
                     in
                     Hallywoods
                     case
                     ,
                     that
                     if
                     any
                     find
                     a
                     Libell
                     ,
                     and
                     will
                     p●eserv
                     ▪
                     himself
                     out
                     of
                     danger
                     ,
                     if
                     this
                     be
                     composed
                     against
                     a
                     private
                     man
                     ,
                     the
                     finder
                     either
                     may
                     burn
                     this
                     ,
                     or
                     presently
                     shew
                     it
                     to
                     the
                     Magistra●e
                     :
                     But
                     if
                     it
                     concern
                     a
                     Magistrate
                     ,
                     or
                     other
                     publique
                     person
                     ,
                     the
                     finder
                     ought
                     presently
                     to
                     deliver
                     this
                     to
                     a
                     Magistrate
                     ,
                     to
                     the
                     intent
                     ,
                     that
                     by
                     examination
                     and
                     industry
                     the
                     Authour
                     may
                     be
                     found
                     and
                     punished
                     .
                     
                       Tria
                       sequuntur
                       defamatorem
                       samosum
                    
                     .
                  
                
              
            
             
               
                 1.
                 
                 
                   Pravitatis
                   incrementum
                
                 ,
                 increase
                 of
                 lewdness
                 .
              
               
                 2.
                 
                 
                   Bursae
                   decrementum
                
                 ,
                 evacuation
                 of
                 purse
                 and
                 beggery
                 .
              
               
                 3.
                 
                 
                   Conscientiae
                   detrimentum
                
                 ,
                 shipwrack
                 of
                 Conscience
                 .
              
            
             
               If
               one
               read
               a
               Libell
               ,
               or
               hear
               it
               read
               ,
               this
               is
               no
               publication
               of
               it
               ;
               for
               before
               he
               read
               ,
               or
               hear
               it
               read
               ,
               he
               cannot
               know
               it
               to
               be
               a
               Libell
               ;
               or
               if
               he
               hear
               ,
               or
               read
               it
               ,
               and
               laugh
               at
               it
               ,
               this
               is
               no
               publication
               of
               it
               :
               But
               if
               after
               that
               he
               hath
               read
               ,
               or
               heard
               it
               ,
               he
               repear
               this
               ,
               or
               any
               part
               of
               it
               in
               the
               hearing
               of
               others
               ;
               or
               after
               that
               he
               knows
               it
               to
               be
               
               a
               Libell
               ,
               reads
               it
               to
               others
               ,
               this
               is
               an
               unlawfull
               publication
               of
               it
               ;
               or
               if
               he
               write
               a
               copy
               of
               it
               ,
               and
               do
               not
               publish
               it
               to
               others
               ,
               this
               is
               not
               a
               publication
               of
               the
               Libell
               :
               for
               every
               one
               which
               shall
               be
               
               convicted
               ,
               ought
               to
               be
               a
               contriver
               ,
               procurer
               ,
               or
               publisher
               of
               it
               ,
               knowing
               it
               to
               be
               a
               Libell
               .
               But
               it
               is
               a
               great
               evidence
               that
               he
               publisheth
               it
               ,
               when
               he
               knowing
               it
               to
               be
               a
               Libell
               writes
               a
               copy
               of
               it
               ▪
               unless
               he
               can
               after
               prove
               that
               he
               delivered
               this
               to
               a
               Magistrate
               to
               examine
               it
               ,
               for
               then
               the
               subsequent
               act
               explains
               his
               precedent
               intention
               .
            
          
           
             
               LIBERTY
               .
            
             
               Liberty
               .
               This
               word
               Liberty
               notes
               a
               priviledge
               
               held
               by
               grant
               or
               prescription
               ,
               whereby
               a
               man
               enjoyes
               some
               favour
               beyond
               an
               ordinary
               Subject
               .
            
             
               Liberty
               from
               the
               Law
               is
               the
               delivering
               us
               from
               that
               hand
               or
               power
               of
               the
               Law
               ,
               by
               which
               we
               were
               formerly
               held
               .
            
          
           
             
               LIGEANCE
               .
            
             
               Ligeance
               ,
               is
               so
               called
               
                 à
                 ligando
              
               ,
               being
               the
               greatest
               and
               highest
               obligation
               of
               duty
               and
               obedience
               that
               can
               be
               .
               It
               is
               ,
               the
               true
               and
               faithfull
               obedience
               
               of
               a
               Liege-man
               ,
               or
               Subject
               to
               his
               Liege-Lord
               or
               Soveraign
               .
            
             
               
                 Ligeantia
                 Domino
                 Regi
                 debita
                 est
                 Lex
                 .
              
            
             
               
                 1.
                 
                 Perpetua
                 .
                 
                   
                     1.
                     
                     
                       Originaria
                       ,
                       sive
                       naturalis
                       sive
                       nata
                       ,
                    
                     and
                     this
                     is
                     alwaies
                     absolute
                     ,
                     and
                     due
                     by
                     birth-right
                     ▪
                     and
                     is
                     called
                     
                       Alta
                       ligeantia
                    
                     ;
                     and
                     he
                     that
                     oweth
                     this
                     ,
                     is
                     called
                     
                       Subditus
                       natus
                    
                     .
                  
                   
                     2.
                     
                     
                       Data
                       ,
                       aut
                       per
                       denizationem
                       aut
                       per
                       naturalizationem
                       .
                    
                     
                  
                
              
               
                 2.
                 
                 Temporaria
                 ,
                 aut
                 
                   
                     1.
                     
                     Localis
                     ,
                     wrought
                     by
                     the
                     Law
                     when
                     an
                     Alien●
                     that
                     is
                     in
                     amity
                     ,
                     cometh
                     into
                     England
                     ,
                     fo●
                     
                     then
                     he
                     is
                     within
                     the
                     Kings
                     protection
                     ,
                     and
                     owes
                     a
                     locall
                     obedience
                     or
                     ligeance
                     .
                  
                   
                     2.
                     
                     Limitata
                     ,
                     as
                     when
                     one
                     is
                     made
                     denizen
                     for
                     life
                     ,
                     of
                     in
                     tail
                     .
                  
                
              
            
             
               As
               the
               ligatures
               or
               strings
               do
               knit
               together
               the
               
               joynts
               of
               all
               the
               parts
               of
               the
               body
               ,
               so
               doth
               ligeance
               joyn
               together
               the
               Soveraign
               and
               all
               his
               Subjects
               ,
               
                 quasi
                 uno
                 ligamine
              
               .
            
             
               Between
               the
               Soveraign
               and
               the
               Subject
               ,
               there
               is
               
                 duplex
                 &
                 reciprocum
                 ligamen
                 ;
                 quia
                 sicut
                 subditus
                 Regi
                 tenetur
                 ad
                 obedientiam
                 ,
                 ita
                 Rex
                 subdito
                 tenetur
                 ad
                 protectionem
                 .
              
               There
               is
               praesidium
               due
               on
               the
               Kings
               side
               ,
               subsidium
               on
               the
               Subjects
               part
               .
               In
               the
               Acts
               of
               Parliament
               ,
               Subjects
               are
               called
               Liege-people
               ,
               and
               the
               King
               the
               naturall
               Liege-Lord
               of
               his
               Subjects
               ;
               therefore
               
                 protectio
                 trahit
                 subjectionem
                 ,
                 &
                 subjectio
                 protectionem
                 .
              
               He
               should
               maintain
               and
               defend
               them
               ,
               and
               they
               are
               bound
               to
               obey
               and
               serve
               him
               .
               Ligeance
               is
               due
               only
               to
               the
               King
               ,
               to
               his
               naturall
               body
               ,
               therefore
               the
               indictment
               in
               Treason
               concludeth
               ,
               
                 Contra
                 ligeantiae
                 suae
                 debitum
              
               .
            
          
           
             
               LIMITATION
               .
            
             
               Limitation
               .
               If
               a
               man
               give
               lands
               to
               a
               man
               ,
               to
               
               have
               and
               to
               hold
               to
               him
               ,
               and
               to
               the
               heirs
               males
               of
               his
               body
               ,
               and
               to
               him
               and
               the
               heirs
               females
               of
               his
               body
               ;
               the
               estate
               to
               the
               heirs
               females
               is
               in
               remainder
               ,
               and
               the
               daughters
               shall
               not
               inherit
               any
               part
               so
               long
               as
               there
               is
               issue
               male
               ;
               for
               the
               estate
               to
               the
               heirs
               males
               is
               first
               limited
               ,
               and
               shall
               be
               first
               served
               ,
               and
               it
               is
               as
               much
               to
               say
               ,
               and
               after
               to
               the
               heirs
               females
               ,
               and
               males
               in
               construction
               of
               Law
               are
               to
               be
               preferred
               .
            
          
           
             
             
               LIVERY
               .
            
             
               
                 Livery
                 of
                 seisin
              
               ,
               is
               a
               solemnity
               that
               the
               Law
               requireth
               for
               the
               passing
               of
               a
               Free-hold
               ,
               or
               Lands
               or
               Tenements
               ,
               by
               delivery
               of
               sesin
               thereof
               .
               There
               be
               two
               kinds
               of
               livery
               of
               seisin
               ,
               viz.
               a
               livery
               in
               Deed
               ,
               and
               a
               livery
               in
               Law.
               A
               livery
               in
               Deed
               ,
               is
               when
               the
               Feoffor
               taketh
               the
               ring
               of
               the
               door
               ,
               or
               turf
               ,
               or
               twig
               of
               the
               Land
               ,
               and
               delivereth
               the
               same
               upon
               the
               Land
               to
               the
               Feoffee
               ,
               in
               the
               name
               of
               seisin
               of
               the
               Land.
               A
               livery
               in
               Deed
               may
               be
               two
               manner
               
               of
               waies
               by
               a
               solemn
               act
               and
               words
               ,
               as
               by
               delivery
               of
               the
               ring
               ,
               or
               hasp
               of
               the
               door
               ,
               or
               by
               a
               branch
               or
               twig
               of
               a
               tree
               ,
               or
               by
               a
               turf
               of
               the
               Land
               ;
               and
               with
               these
               ,
               or
               the
               like
               words
               ,
               the
               Feoffor
               ,
               and
               Feoffee
               ,
               both
               holding
               the
               deed
               of
               the
               feoffment
               ,
               and
               the
               ring
               of
               the
               door
               ,
               hasp
               ,
               branch
               ,
               twig
               ,
               or
               turf
               ;
               and
               the
               Feoffor
               saying
               ,
               Here
               I
               deliver
               you
               seisin
               and
               possession
               of
               this
               house
               ,
               in
               the
               name
               of
               seisin
               ,
               and
               possession
               of
               all
               the
               Lands
               contained
               in
               this
               Deed
               ;
               or
               enter
               you
               into
               this
               house
               or
               land
               ,
               and
               have
               and
               enjoy
               it
               according
               to
               the
               Deed
               ;
               or
               enter
               into
               the
               house
               or
               land
               ,
               and
               God
               give
               you
               joy
               ;
               or
               I
               am
               content
               you
               shall
               enjoy
               this
               Land
               ,
               according
               to
               the
               Deed
               ,
               or
               the
               like
               .
               A
               livery
               in
               Law
               is
               when
               the
               Feoffor
               saith
               to
               the
               Feoffee
               ,
               being
               in
               
               view
               of
               the
               house
               or
               Land
               (
               I
               give
               to
               you
               yonder
               land
               ,
               to
               you
               ,
               and
               your
               Heirs
               ,
               and
               therefore
               enter
               into
               the
               same
               ,
               and
               take
               possession
               thereof
               accordingly
               )
               and
               the
               Feoffee
               doth
               accordingly
               in
               the
               life
               of
               the
               Feoffor
               enter
               ;
               this
               is
               a
               good
               feoffment
               for
               
                 signatio
                 pro
                 traditione
                 habetur
              
               .
               But
               if
               either
               Feoffor
               or
               the
               Feoffee
               die
               before
               the
               entry
               ,
               the
               livery
               is
               void
               .
               And
               delivery
               within
               the
               view
               is
               good
               ,
               where
               there
               is
               no
               deed
               of
               feoffment
               :
               And
               such
               a
               livery
               is
               good
               ,
               albeit
               the
               Land
               lie
               in
               another
               Countrey
               .
            
             
             
               There
               is
               a
               diversity
               between
               the
               livery
               of
               seisin
               of
               land
               ,
               and
               the
               delivery
               of
               a
               Deed
               ;
               for
               if
               a
               man
               deliver
               a
               Deed
               without
               saying
               of
               any
               thing
               ,
               i●
               is
               a
               good
               delivery
               ;
               but
               to
               a
               livery
               of
               leism
               of
               land
               words
               are
               necessary
               ;
               as
               taking
               in
               his
               hand
               the
               deed
               ,
               and
               the
               ring
               of
               the
               door
               (
               if
               it
               be
               an
               house
               )
               or
               a
               turf
               or
               twig
               (
               if
               it
               be
               of
               land
               )
               and
               the
               Feoffee
               laying
               his
               hand
               on
               it
               ,
               the
               Feoffor
               say
               to
               the
               Feoffee
               ,
               Here
               I
               deliver
               to
               you
               seisin
               of
               this
               house
               ,
               or
               of
               this
               land
               ,
               in
               the
               name
               of
               all
               the
               land
               contained
               in
               this
               Deed
               ,
               according
               to
               the
               form
               and
               effect
               of
               the
               Deed
               ,
               and
               if
               it
               be
               without
               Deed
               ,
               then
               the
               words
               may
               be
               ,
               Here
               ,
               I
               deliver
               you
               seisin
               of
               this
               house
               or
               land
               ,
               to
               have
               and
               to
               hold
               to
               you
               for
               li●e
               ,
               or
               to
               you
               ,
               and
               the
               heirs
               of
               your
               body
               ,
               or
               to
               you
               ,
               and
               your
               heirs
               for
               ever
               .
               When
               Ephron
               infeoffed
               Abraham
               of
               the
               field
               of
               Machpela
               ,
               he
               said
               to
               him
               ,
               
                 Agrum
                 trado
                 tibi
                 ,
                 I
                 deliver
                 the
                 field
                 to
                 thee
                 .
              
               When
               one
               makes
               livery
               of
               sesin
               ,
               this
               livery
               shall
               be
               taken
               most
               strong
               against
               him
               .
            
             
               And
               therefore
               if
               one
               give
               land
               to
               a
               man
               
                 &
                 haeredibus
              
               ,
               this
               shall
               be
               a
               Fee-simple
               to
               him
               ,
               although
               
               suis
               be
               left
               out
               ,
               and
               yet
               he
               gives
               not
               Fee-simple
               expressly
               ,
               but
               because
               every
               livery
               shall
               be
               taken
               most
               strongly
               against
               him
               that
               makes
               it
               .
            
          
        
         
           
           
             M.
             
          
           
             
               MAGISTRATE
               .
            
             
               MAgistrate
               ,
               he
               is
               
                 custos
                 utriusque
                 tabulae
              
               the
               keeper
               or
               preserver
               of
               both
               Tables
               of
               the
               Law.
               
            
             
               If
               any
               Magistrate
               or
               Minister
               of
               Iustice
               in
               execution
               of
               their
               Office
               ,
               or
               in
               keeping
               of
               the
               peace
               ,
               according
               to
               the
               duty
               of
               their
               office
               ,
               be
               slain
               ,
               this
               is
               murder
               ,
               for
               their
               contempt
               and
               disobedience
               to
               the
               King
               and
               the
               Law
               ;
               for
               it
               is
               
                 contra
                 potestatem
                 Regis
                 &
                 Legis
              
               .
               If
               the
               Sheriff
               ,
               a
               Iustice
               of
               Peace
               ,
               the
               chief
               Constable
               ,
               Watchmen
               ,
               or
               any
               which
               come
               in
               their
               aid
               ,
               be
               killed
               in
               doing
               of
               their
               Office
               ,
               this
               is
               murder
               .
               For
               when
               any
               of
               the
               Kings
               
               Officers
               by
               process
               of
               Law
               (
               be
               it
               erroneous
               or
               not
               )
               arresteth
               another
               in
               the
               Kings
               Name
               ,
               or
               require
               the
               disturbers
               of
               peace
               to
               keep
               peace
               in
               the
               Kings
               Name
               ,
               and
               they
               disobey
               tho
               Kings
               Command
               and
               kill
               him
               ,
               reason
               requireth
               that
               this
               killing
               should
               be
               an
               offence
               of
               the
               highest
               degree
               in
               this
               nature
               ,
               and
               that
               is
               murder
               of
               malice
               prepensed
               .
            
          
           
             
               MAIME
               .
            
             
               Maime
               ,
               (
               
                 membri
                 mutilatio
              
               or
               obtruncatio
               )
               is
               a
               
               corporall
               hurt
               ,
               whereby
               one
               looseth
               a
               member
               ,
               by
               reason
               whereof
               ,
               he
               is
               less
               able
               to
               fight
               ,
               as
               by
               putting
               out
               his
               eye
               ,
               beating
               out
               his
               foreteeth
               .
            
             
               This
               offence
               of
               maim
               ,
               is
               under
               all
               felonies
               deserving
               death
               ,
               and
               above
               all
               other
               inferiour
               offences
               ,
               
               so
               as
               it
               may
               be
               truly
               said
               of
               it
               ,
               that
               it
               is
               inter
               
               
                 crimina
                 majora
                 minimum
                 ,
                 &
                 inter
                 minora
                 maximum
                 .
                 Vita
                 &
                 membra
                 sunt
                 in
                 potestate
                 Regis
                 .
              
               The
               li●e
               and
               members
               of
               every
               subject
               are
               under
               the
               protection
               of
               the
               King.
               
            
             
               In
               my
               Circuit
               (
               saith
               Sir
               
                 Edward
                 Cook
              
               )
               
                 in
                 anno
              
               
               11.
               
               
                 Iacobi
                 Regis
              
               ,
               in
               the
               County
               of
               Leicester
               ,
               one
               Wright
               ,
               a
               young
               ,
               strong
               ,
               and
               lusty
               Rogue
               ,
               to
               make
               himself
               impotent
               ,
               thereby
               to
               have
               the
               more
               colour
               to
               beg
               ,
               or
               to
               be
               relieved
               without
               putting
               himself
               to
               any
               labour
               ,
               caused
               his
               companion
               to
               strike
               off
               his
               left
               hand
               ,
               and
               both
               of
               them
               were
               indicted
               ,
               fined
               and
               ransomed
               therefore
               .
            
             
               The
               cutting
               of
               an
               ear
               or
               nose
               ,
               or
               breaking
               of
               the
               hinder
               teeth
               is
               no
               maim
               ,
               but
               rather
               a
               deformity
               of
               body
               ,
               than
               diminution
               of
               strength
               ;
               by
               a
               maim
               a
               member
               is
               hurt
               ,
               or
               taken
               away
               ,
               and
               the
               party
               thereby
               so
               hurt
               is
               made
               unperfect
               to
               fight
               .
            
             
               The
               party
               shall
               recover
               only
               dammages
               in
               
               maim
               .
            
          
           
             
               MAINPRISE
               .
            
             
               
                 Mainprise
                 ,
                 manucaptio
              
               is
               compounded
               of
               two
               French
               words
               ,
               main
               ,
               id
               est
               ,
               manus
               a
               hand
               ,
               and
               
               prins
               ,
               id
               est
               ,
               captus
               taken
               ,
               as
               it
               were
               taken
               into
               their
               hands
               .
               It
               signifieth
               in
               our
               common
               Law
               ,
               the
               taking
               or
               receiving
               a
               man
               into
               friendly
               custody
               ,
               that
               otherwise
               is
               or
               might
               be
               committed
               to
               prison
               ,
               
               upon
               securtiy
               given
               for
               his
               forth-coming
               at
               a
               day
               assigned
               .
            
             
               Such
               are
               called
               Mainpernours
               ,
               because
               they
               do
               receive
               him
               into
               their
               hands
               .
            
          
           
             
               MANNOUR
               .
            
             
               
                 Mannour
                 ,
                 manerium
                 est
                 nomen
                 collectivum
                 &
                 generale
                 ,
              
               it
               comprehendeth
               Houses
               ,
               Lands
               ,
               Gardens
               ,
               
               Trees
               ,
               Rents
               and
               Services
               :
               
                 Manerium
                 quasi
                 manurium
              
               ,
               because
               it
               is
               laboured
               with
               handy
               work
               by
               the
               Lord
               himself
               ;
               or
               it
               may
               come
               from
               the
               French
               
               word
               manoir
               ,
               id
               est
               ,
               mansions
               ;
               because
               the
               Lord
               
               remaineth
               there
               ,
               and
               hath
               his
               house
               which
               is
               called
               ,
               the
               principall
               house
               of
               the
               Mannour
               .
               It
               cannot
               be
               a
               Mannour
               unless
               there
               be
               a
               Court
               Baron
               belonging
               to
               it
               ,
               and
               be
               time
               out
               of
               mind
               :
               it
               consists
               of
               demeans
               and
               services
               ,
               if
               they
               be
               severed
               ,
               the
               Mannour
               is
               destroyed
               .
            
          
           
             
               MAINTENANCE
               .
            
             
               
                 Maintenance
                 ,
                 manuten●ntia
              
               is
               derived
               of
               the
               verb
               manutenere
               ,
               and
               signifieth
               in
               Law
               a
               taking
               in
               hand
               ,
               
               bearing
               up
               or
               upholding
               of
               Quarrels
               ,
               and
               sides
               ,
               to
               the
               disturbance
               or
               hinderance
               of
               common
               right
               ,
               
                 culpa
                 est
                 rei
                 se
                 immiscere
                 ad
                 se
                 non
                 pertinenti
                 .
              
            
             
               When
               one
               laboureth
               the
               Jury
               ,
               if
               it
               be
               put
               to
               appear
               ,
               or
               if
               he
               instruct
               them
               or
               put
               them
               in
               fear
               ,
               or
               the
               like
               ;
               he
               is
               a
               maintainer
               ,
               and
               an
               action
               of
               maintenance
               lyeth
               against
               him
               .
            
             
               
                 Manutenentia
                 est
                 duplex
              
               ,
               1.
               
               Curialis
               ,
               in
               Courts
               of
               
               Justice
               ,
               
                 pendonte
                 placito
              
               .
            
             
               2.
               
               Ruralis
               ,
               to
               stirre
               up
               and
               maintain
               complaints
               ,
               suits
               ,
               and
               parts
               in
               the
               County
               other
               then
               their
               own
               ,
               though
               the
               same
               depend
               not
               in
               plea.
               
            
          
           
             
               MANUMISSION
               .
            
             
               
                 Manumission
                 ,
                 manumitter
              
               ,
               which
               signifieth
               to
               make
               free
               ,
               is
               properly
               to
               send
               one
               out
               of
               his
               hand
               ,
               because
               so
               long
               as
               a
               slave
               continues
               in
               his
               servitude
               ,
               he
               is
               in
               the
               hand
               of
               his
               Master
               .
            
          
           
             
             
               MARRIAGE
               .
            
             
               
                 Marriage
                 ,
                 A
                 feme
                 covert
              
               is
               not
               
                 sui
                 juris
              
               ,
               but
               only
               
                 sub
                 po●estate
                 viri
              
               ,
               when
               a
               Baroness
               marrieth
               one
               under
               the
               degree
               of
               a
               Baron
               ,
               by
               such
               marriage
               her
               dignity
               is
               determined
               ;
               for
               the
               rule
               
               is
               ,
               
                 quando
                 mulier
                 nobilis
                 nupserit
                 ign●bili
                 desinit
                 esse
                 nobilis
                 .
              
               But
               this
               rule
               is
               to
               be
               intended
               of
               a
               woman
               which
               attains
               Nobility
               by
               Marriage
               ;
               as
               by
               marriage
               of
               a
               Duke
               ,
               Earl
               ,
               or
               Baron
               :
               For
               in
               such
               case
               ,
               if
               after
               she
               marry
               under
               the
               degree
               of
               Nobility
               ,
               by
               such
               marriage
               with
               one
               which
               is
               ignoble
               ,
               she
               loseth
               her
               dignity
               ,
               which
               she
               had
               attained
               by
               marriage
               with
               one
               of
               the
               Nobility
               .
               For
               
                 Eodem
                 modo
                 quo
                 quid
                 constituitur
                 ,
                 dissolvitur
                 .
              
            
             
               But
               if
               a
               woman
               be
               Noble
               ,
               as
               a
               Dutchess
               ,
               Countess
               ,
               Baroness
               ,
               by
               descent
               ,
               although
               she
               marry
               with
               one
               under
               the
               degree
               of
               the
               Nobility
               ;
               yet
               her
               birth-right
               remains
               :
               for
               this
               is
               annexed
               to
               the
               blood
               ,
               and
               is
               
                 Character
                 indelebilis
              
               .
            
             
               But
               if
               a
               Dutchess
               by
               marriage
               marry
               a
               Baron
               of
               the
               Realm
               ,
               she
               remaineth
               a
               Dutchess
               ,
               and
               loseth
               no
               her
               name
               ,
               because
               her
               Husband
               is
               Noble
               .
            
             
               Yet
               by
               the
               Courtesie
               of
               England
               ,
               if
               women
               get
               to
               any
               degree
               of
               Estate
               ,
               they
               never
               lose
               it
               ,
               by
               marrying
               after
               more
               meanly
               ;
               bu●
               do
               still
               
               take
               place
               according
               to
               the
               estate
               of
               their
               first
               Husband
               .
            
             
               The
               Law
               tenders
               the
               speedy
               advancement
               of
               women
               ,
               
                 quia
                 maturiora
                 sunt
                 vota
                 mulierum
                 quam
                 ●i●orum
                 .
              
            
          
           
             
             
               MAXIM
               .
            
             
               A
               Maxim
               ,
               is
               a
               proposition
               to
               be
               of
               all
               men
               confessed
               ,
               
               and
               granted
               without
               a
               proof
               ,
               argument
               or
               discourse
               ,
               
                 contra
                 negantem
                 principia
                 ,
                 non
                 est
                 disputandum
                 ,
              
               antient
               principles
               of
               the
               Law
               ought
               not
               to
               be
               disputed
               .
            
             
               
                 It
                 is
                 better
              
               (
               saith
               the
               Law
               )
               
                 to
                 suffer
                 a
                 mischief
              
               that
               is
               particular
               to
               one
               ,
               
                 then
                 an
                 inconvenience
              
               ,
               that
               
               may
               prejudice
               many
               ,
               
                 Lex
                 citius
                 tolerare
                 vult
                 privatum
                 damnum
                 quam
                 publi
                 cum
                 malum
                 .
                 Summa
                 ratio
                 est
                 ,
                 quae
                 pro
                 religione
                 facit
                 .
              
               A
               Statute
               directly
               against
               the
               
               Law
               of
               God
               is
               void
               .
            
             
               The
               Rule
               of
               the
               Law
               is
               ,
               
                 Nemo
                 debet
                 bis
                 puniri
                 pro
                 uno
                 delicto
                 ,
              
               and
               the
               Divine
               saith
               ,
               
                 Nemo
                 bis
                 agit
                 in
                 id
                 ipsum
                 .
                 Interest
                 Reipublicae
                 ne
                 quis
                 re
                 sua
                 malè
                 utatur
                 .
              
            
             
               
                 Beneficium
                 transit
                 cum
                 onere
                 ,
                 qui
                 sentit
                 commodum
                 sentire
                 debet
                 &
                 omis
                 .
              
            
             
               
                 Benignior
                 sententia
                 in
                 verbis
                 generalibus
                 seu
                 dubiis
                 est
                 praeferenda
                 .
              
            
             
               
                 Interest
                 Reipublicae
                 ,
                 ne
                 malificia
                 maneant
                 impunita
                 ,
                 &
                 impunitas
                 semper
                 ad
                 deteriora
                 invitat
                 .
              
            
             
               
                 Nihil
                 tam
                 conveniens
                 est
                 naturali
                 aequitati
                 ,
                 unumquodque
                 dissolvi
                 eo
                 ligamine
                 quo
                 ligatum
                 est
                 .
              
            
             
               As
               no
               estate
               can
               be
               vested
               in
               the
               King
               without
               
               matter
               of
               Record
               ,
               so
               none
               can
               be
               devested
               out
               of
               him
               without
               matter
               of
               Record
               .
               
                 Things
                 are
                 dissolved
                 ,
                 as
                 they
                 are
                 contracted
                 .
              
            
             
               An
               Obligation
               or
               other
               matter
               in
               writing
               ,
               cannot
               be
               discharged
               by
               an
               Agreement
               by
               word
               .
            
             
               
                 In
                 praesentia
                 majoris
                 cessat
                 potentia
                 minoris
                 .
              
            
             
               The
               Book
               Cases
               are
               best
               proofs
               what
               the
               Law
               is
               .
            
             
               
                 Argumentum
                 ab
                 authoritate
                 ,
                 fortissimum
                 est
                 in
              
               
               Lege
               .
            
             
             
               
                 Repellitur
                 à
                 Sacramento
                 insamis
              
               .
            
             
               
                 Quod
                 ab
                 initio
                 non
                 valet
                 ,
                 in
                 ●ractu
                 temporis
                 non
                 convalejcet
                 ,
              
               
               
                 &
                 quae
                 mala
                 sunt
                 in●h●ata
                 à
                 principio
                 ,
                 vix
                 est
                 ut
                 bono
                 per
                 agantur
                 exitu
                 .
              
            
          
           
             
               MISPRISION
               .
            
             
               Misprision
               ,
               is
               when
               one
               knoweth
               that
               another
               hath
               committed
               treason
               ,
               or
               felony
               ,
               and
               will
               not
               
               discover
               him
               to
               the
               King
               ,
               or
               to
               any
               Magistrate
               ,
               but
               doth
               conceal
               the
               same
               .
            
             
               In
               all
               Cases
               of
               Misprision
               of
               Treason
               ,
               the
               party
               offender
               shall
               forfeit
               his
               goods
               for
               ever
               ,
               and
               the
               profits
               of
               his
               Land
               for
               term
               of
               his
               life
               ,
               and
               his
               body
               to
               prison
               at
               the
               Kings
               pleasure
               .
            
          
           
             
               MONEY
               .
            
             
               Money
               ,
               the
               King
               by
               absolute
               prerogative
               may
               
               make
               any
               forreign
               coyn
               lawfull
               money
               of
               England
               at
               his
               pleasure
               by
               his
               proclamation
               .
            
             
               If
               a
               man
               be
               bound
               to
               pay
               four
               hundred
               pounds
               
               at
               such
               a
               day
               ,
               if
               he
               tender
               it
               in
               bags
               it
               is
               sufficient
               ,
               for
               it
               cannot
               be
               counted
               in
               a
               day
               .
            
             
               Lawfull
               Money
               of
               England
               ,
               either
               gold
               or
               silver
               ,
               is
               of
               two
               sorts
               .
            
             
               Viz.
               1.
               
               The
               English
               Money
               coyned
               by
               the
               Kings
               Authority
               .
            
             
               2.
               
               And
               forreign
               Coyn
               by
               proclamation
               made
               currant
               within
               the
               Realm
               .
               
            
             
               Coyn
               ,
               
                 cuna
                 dicitur
                 à
                 cudendo
              
               ,
               of
               coyning
               ,
               in
               French
               coin
               signifieth
               a
               corner
               ,
               because
               in
               antient
               time
               Money
               was
               square
               with
               corners
               ,
               as
               it
               is
               in
               some
               Countries
               at
               this
               day
               .
               Some
               say
               it
               is
               so
               called
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               
                 quia
                 communis
                 ,
                 moneta
                 à
                 monendo
                 ,
              
               because
               
               it
               sheweth
               the
               authour
               and
               value
               .
               Every
               piece
               of
               Money
               ought
               to
               have
               a
               certain
               form
               of
               impression
               which
               shall
               be
               
                 cognoscibilis
                 ,
                 &
                 discernibilis
              
               ,
               for
               as
               Wax
               is
               not
               a
               Seal
               without
               print
               ,
               so
               metall
               is
               not
               Money
               ,
               without
               impression
               .
            
          
           
             
             
               MONOPOLY
               .
            
             
               Monopoly
               ,
               It
               is
               an
               allowance
               by
               the
               King
               by
               his
               Grant
               ,
               Commission
               or
               otherwise
               ,
               to
               any
               person
               or
               persons
               ,
               bodies
               politique
               or
               corporate
               ,
               of
               or
               for
               the
               sole
               buying
               ,
               selling
               ,
               making
               ,
               working
               ,
               or
               using
               of
               any
               thing
               ,
               whereby
               any
               person
               or
               persons
               ,
               bodies
               politique
               or
               corporate
               ,
               are
               sought
               to
               be
               restrained
               of
               any
               Freedom
               or
               Liberty
               that
               they
               had
               before
               ,
               or
               hindred
               in
               their
               lawfull
               Trade
               .
               Cook
               's
               3
               
                 part
                 of
                 his
                 Institutes
                 c.
              
               85.
               
            
             
               All
               Grants
               of
               Monopolies
               are
               against
               the
               Antient
               and
               Fundamentall
               Laws
               of
               this
               Kingdom
               .
               
                 Id
                 ibid.
              
               
            
             
               All
               Monopolies
               are
               against
               the
               great
               Charter
               ,
               because
               they
               are
               against
               the
               Freedom
               of
               the
               Subiect
               ,
               and
               against
               the
               Law
               of
               the
               Land.
               Cook
               's
               2
               
                 part
                 of
                 Instit.
                 c.
              
               29.
               
            
          
           
             
               MONSTER
               .
            
             
               A
               Monster
               born
               within
               lawfull
               matrimony
               ,
               that
               
               hath
               not
               humane
               shape
               ,
               cannot
               purchase
               ,
               much
               less
               retain
               any
               thing
               ,
               yet
               if
               he
               have
               humane
               shape
               ,
               he
               may
               be
               heir
               ,
               though
               he
               have
               some
               desormity
               in
               any
               part
               of
               his
               body
               .
            
          
           
             
               MORTGAGE
               .
            
             
               Mortagage
               ,
               is
               derived
               of
               two
               French
               words
               ,
               
                 viz.
                 mort
              
               ,
               id
               est
               ,
               mortuum
               ,
               and
               
                 Gage
                 ,
                 id
                 est
                 vadium
              
               ,
               or
               pignus
               .
               And
               it
               is
               called
               in
               Latin
               
                 mortuum
                 vadium
              
               or
               Morgagium
               ,
               to
               distinguish
               it
               from
               that
               which
               is
               called
               
                 vivum
                 vadium
              
               .
               As
               if
               a
               man
               borrow
               an
               hundred
               pounds
               of
               another
               ,
               and
               maketh
               an
               estate
               of
               Lands
               unto
               him
               ,
               untill
               he
               hath
               received
               the
               said
               summe
               of
               the
               issues
               and
               profits
               of
               the
               Lands
               ,
               so
               
               as
               in
               this
               Case
               neither
               Money
               nor
               Land
               dieth
               or
               is
               lost
               ,
               and
               therefore
               it
               is
               called
               
                 vivum
                 vadium
              
               .
            
          
           
             
             
               MORTMAIN
               .
            
             
               Mortmain
               ,
               Some
               have
               said
               ,
               that
               it
               is
               called
               
                 manus
                 mortua
                 ,
                 quia
                 possessio
                 eorum
                 est
                 immortali●
                 ,
                 manus
                 pro
                 possessione
                 ,
                 &
                 mortua
                 pro
                 immortali
                 .
              
               Others
               say
               ,
               it
               is
               called
               
                 manus
                 mo●tua
                 per
                 antiphrasin
              
               ,
               because
               bodies
               politick
               and
               co
               porate
               never
               die
               .
               Others
               say
               ,
               that
               it
               is
               called
               Mortmain
               by
               resemblance
               to
               the
               holding
               of
               a
               mans
               hand
               that
               is
               ready
               to
               die
               ,
               for
               that
               he
               then
               holdeth
               ,
               he
               letteth
               not
               to
               go
               ,
               till
               he
               be
               dead
               .
               These
               and
               such
               others
               are
               framed
               out
               of
               wit
               and
               invention
               ,
               but
               the
               true
               cause
               of
               the
               name
               ,
               and
               the
               meaning
               thereof
               was
               taken
               from
               the
               effects
               ,
               as
               it
               is
               expressed
               in
               the
               S●atute
               it self
               ,
               
                 per
                 quod
                 quae
                 servitia
                 ex
                 hujusmodi
              
               
               
                 foedis
                 debentur
                 ,
                 &
                 quae
                 ad
                 defensionem
                 reg●i
                 ab
                 initio
                 provisa
                 fuerunt
                 indebitè
                 subtrahuntur
                 ,
                 &
                 capitales
                 domini
                 eschaetas
                 suas
                 amittant
                 ,
              
               〈…〉
               as
               the
               Lands
               were
               said
               to
               come
               to
               dead
               hands
               ,
               as
               to
               the
               Lords
               ,
               because
               by
               alienation
               in
               Mortmain
               ,
               they
               lost
               wholly
               their
               Escheats
               ,
               and
               in
               effect
               their
               Knights
               services
               for
               the
               desence
               of
               the
               Realm
               ,
               Wards
               ,
               Marriages
               ,
               Reliefs
               ,
               and
               the
               like
               ,
               and
               therefore
               it
               was
               called
               a
               dead
               hand
               ,
               for
               that
               dead
               hand
               〈…〉
               ieldeth
               no
               service
               .
            
             
               Notwithstanding
               the
               Statute
               of
               Mortmain
               ,
               a
               〈…〉
               y
               one
               at
               this
               day
               may
               give
               Lands
               for
               finding
               a
               〈…〉
               reacher
               maintenance
               ,
               or
               a
               School
               ,
               for
               the
               Sta
               〈…〉
               te
               was
               made
               to
               restrain
               men
               from
               giving
               to
               su●rstitious
               
               uses
               ,
               and
               not
               to
               good
               and
               charitable
               〈…〉
               es
               .
            
          
           
             
               MULIER
               .
            
             
               Mulier
               ,
               hath
               three
               significations
               .
               
            
             
               
                 1.
                 
                 Sub
                 nomine
                 mulieris
                 continetur
                 quoelibet
                 foemina
                 .
              
               
                 2.
                 
                 Propri●
                 subnomine
                 mulieris
                 continetur
                 mulier
                 ,
                 quae
                 virgo
                 non
                 est
                 .
              
               
                 
                 3.
                 
                 Appellatione
                 mulieris
                 in
                 legibus
                 Angilae
                 continetur
                 uxor
                 ,
                 &
                 sic
                 filius
                 natus
                 ,
                 vel
                 filia
                 nata
                 ex
                 justa
                 uxore
                 appellatur
                 in
                 legibus
                 Angliae
                 filius
                 mulieratus
                 ,
                 seu
                 filia
                 mulierata
                 ,
                 
                   a
                   son
                
                 mulier
                 ,
                 
                   or
                   a
                   daughter
                
                 mulier
                 .
              
            
             
               If
               the
               Bastard
               dieth
               ,
               seised
               without
               issue
               ,
               and
               the
               Lord
               by
               escheat
               entreth
               ,
               this
               dying
               seised
               shall
               not
               barre
               the
               mulier
               ,
               because
               there
               is
               no
               descent
               .
            
             
               If
               the
               Bastard
               enter
               ,
               and
               the
               mulier
               dieth
               ,
               his
               Wife
               
                 privement
                 enseint
              
               with
               a
               Son
               ,
               the
               Bastard
               hath
               issue
               and
               dieth
               seised
               ,
               the
               Son
               is
               born
               ,
               his
               right
               is
               bound
               for
               ever
               ,
               but
               if
               the
               Bastard
               dieth
               seised
               ,
               his
               Wife
               enseint
               with
               a
               Son
               ,
               the
               mulier
               enter
               ,
               the
               Son
               is
               born
               ,
               the
               issue
               of
               the
               Bastard
               is
               barred
               .
            
             
               A
               young
               Son
               which
               is
               born
               during
               the
               espousals
               
               of
               a
               lawfull
               Wife
               ,
               is
               called
               mulier
               or
               
                 filius
                 mulieratus
              
               ,
               for
               in
               our
               Laws
               mulier
               is
               taken
               for
               uxor
               .
            
             
               It
               is
               taken
               in
               our
               Law
               for
               one
               that
               is
               lawfully
               begotten
               and
               born
               ,
               and
               is
               alway
               used
               in
               comparison
               with
               a
               Bastard
               ,
               only
               to
               shew
               a
               difference
               between
               them
               and
               alwaies
               you
               shall
               find
               this
               addition
               to
               
               Bastard
               eldest
               ,
               and
               mulier
               youngest
               ,
               when
               they
               be
               compared
               together
               .
            
          
           
             
               MURDER
               .
            
             
               Murder
               ,
               is
               a
               wilfull
               killing
               of
               a
               man
               upon
               malice
               prepensed
               or
               forethought
               ,
               and
               seemeth
               to
               come
               of
               the
               Saxon
               word
               Mordren
               which
               so
               signifieth
               .
            
             
               If
               upon
               an
               affray
               made
               ,
               the
               Constable
               and
               others
               in
               his
               assistance
               come
               to
               suppress
               the
               fray
               ,
               and
               to
               
               preserve
               the
               Peace
               ,
               and
               in
               doing
               their
               office
               ,
               the
               Constable
               or
               any
               of
               his
               assistants
               is
               slain
               ,
               this
               is
               murder
               in
               the
               Law
               ,
               although
               the
               murderer
               knew
               not
               the
               party
               which
               was
               killed
               ,
               and
               although
               the
               
               affray
               was
               suddain
               ,
               because
               the
               Constable
               and
               his
               a●sistants
               came
               by
               authority
               of
               the
               Law
               to
               keep
               the
               peace
               ,
               and
               to
               prevent
               the
               danger
               which
               may
               ensue
               by
               breaking
               of
               it
               ,
               and
               for
               this
               the
               Law
               adjudgeth
               it
               murder
               ,
               and
               that
               the
               murderer
               had
               malice
               prepensed
               ,
               because
               he
               opposeth
               himself
               againt
               the
               Justice
               of
               the
               Realm
               ,
               so
               if
               the
               Sheriff
               ,
               or
               any
               
               of
               his
               Bailiffs
               or
               other
               Officers
               be
               slain
               in
               the
               execution
               of
               the
               process
               of
               the
               Law
               ,
               or
               in
               doing
               their
               Office
               ,
               or
               if
               a
               Watchman
               be
               killed
               in
               doing
               his
               Office
               ,
               this
               is
               murder
               .
            
             
               If
               a
               thief
               ,
               which
               offers
               to
               rob
               a
               true
               man
               ,
               kill
               
               him
               in
               resisting
               the
               thief
               ,
               this
               is
               murder
               of
               malice
               prepensed
               ;
               or
               if
               one
               kill
               another
               without
               any
               provocation
               ,
               the
               Law
               implyeth
               malice
               .
            
             
               The
               Statute
               1
               
                 Iac.
                 Reg.
                 c.
              
               8
               hath
               well
               provided
               ,
               that
               that
               party
               that
               stabbeth
               ,
               or
               thrusteth
               any
               person
               (
               not
               having
               a
               weapon
               drawn
               ,
               or
               that
               hath
               not
               first
               striken
               him
               )
               so
               as
               he
               die
               thereof
               within
               six
               moneths
               after
               ,
               shall
               suffer
               death
               as
               a
               willfull
               murderer
               .
            
             
               A.
               hath
               wounded
               B.
               in
               fight
               ,
               and
               after
               they
               meet
               suddainly
               ,
               and
               fight
               again
               ,
               and
               B.
               killeth
               A.
               this
               seemeth
               murder
               ,
               and
               malice
               shall
               be
               intended
               in
               B.
               upon
               the
               former
               hurt
               ;
               but
               now
               if
               A.
               had
               killed
               B.
               this
               seemeth
               but
               man-slaughter
               in
               A.
               for
               his
               former
               malice
               shall
               be
               thought
               to
               be
               appeased
               by
               the
               hurt
               he
               first
               did
               to
               B.
               
            
             
               If
               two
               fall
               out
               upon
               a
               suddain
               occasion
               ,
               and
               agree
               to
               fight
               in
               such
               a
               field
               ,
               and
               each
               of
               them
               go
               and
               fetch
               their
               weapon
               ,
               and
               go
               into
               the
               field
               ,
               and
               there
               in
               fight
               ,
               the
               one
               killeth
               the
               other
               :
               here
               is
               no
               malice
               prepensed
               ,
               for
               the
               fetching
               of
               the
               weapon
               and
               going
               into
               the
               field
               ,
               is
               but
               a
               continuance
               of
               the
               
               suddain
               falling
               out
               ,
               and
               the
               blood
               was
               never
               cooled
               :
               But
               it
               they
               appoint
               to
               fight
               the
               next
               day
               ,
               that
               is
               malice
               prepensed
               .
               Sir
               
                 Edward
                 Cook
                 's
              
               3
               
                 part
                 of
                 Institutes
                 c.
              
               1.
               
            
             
               If
               A.
               put
               poison
               in
               a
               pot
               of
               Wine
               ,
               to
               the
               intent
               to
               poison
               B.
               and
               lay
               it
               in
               a
               place
               where
               he
               supposeth
               B.
               will
               come
               and
               drink
               of
               it
               ,
               and
               by
               accident
               one
               C.
               (
               to
               whom
               A.
               hath
               no
               ma●ice
               )
               come
               ,
               and
               of
               his
               own
               head
               take
               the
               pot
               ,
               and
               drink
               of
               this
               ;
               of
               which
               poison
               he
               dies
               ,
               this
               is
               murder
               in
               A.
               for
               
               he
               coupleth
               the
               event
               with
               the
               intention
               ,
               and
               the
               end
               with
               the
               cause
               But
               if
               one
               prepare
               Bats-bane
               to
               kill
               Rats
               and
               Mice
               ,
               or
               other
               Vermine
               ,
               and
               leave
               this
               in
               some
               place
               to
               this
               purpose
               ,
               and
               with
               no
               ill
               intent
               ;
               and
               one
               finding
               this
               ,
               eat
               of
               it
               ,
               this
               is
               not
               f●lony
               ,
               because
               he
               which
               prepared
               the
               poison
               ,
               had
               no
               evil
               or
               felonious
               intent
               .
            
             
               
                 Iohn
                 Sanders
              
               had
               a
               purpose
               to
               kill
               his
               Wife
               ,
               to
               the
               intent
               he
               might
               marry
               another
               whom
               he
               better
               affected
               ,
               and
               opens
               his
               intent
               to
               
                 Alexander
                 Archer
              
               ,
               and
               prayes
               his
               aid
               and
               counsell
               how
               he
               may
               effect
               it
               ;
               he
               counsels
               him
               to
               poison
               her
               .
               And
               to
               this
               purpose
               the
               said
               Alexander
               buyes
               the
               poison
               ,
               viz.
               Arsenick
               and
               Rose-acre
               ,
               and
               gives
               this
               
               to
               Sanders
               to
               minister
               to
               his
               Wife
               .
               Afterwards
               he
               gives
               his
               Wife
               this
               in
               a
               rosted
               Apple
               ,
               and
               the
               Wi●e
               eats
               a
               little
               part
               of
               it
               ,
               and
               gives
               the
               remnant
               to
               her
               young
               child
               about
               three
               years
               old
               ,
               and
               the
               said
               
                 Iohn
                 Sanders
              
               seeing
               this
               ,
               reprehends
               his
               Wife
               ,
               and
               saith
               that
               Apples
               were
               not
               good
               for
               such
               
               children
               ,
               and
               she
               saith
               it
               was
               better
               for
               the
               child
               then
               for
               her
               ;
               and
               the
               child
               eats
               the
               impoisoned
               
               Apple
               ,
               which
               the
               Father
               permits
               ,
               to
               avoid
               suspicion
               ;
               afterward
               the
               woman
               recovers
               ,
               and
               the
               child
               dies
               of
               the
               said
               poison
               .
               This
               was
               murder
               in
               Sanders
               ,
               though
               he
               bore
               no
               malice
               to
               his
               child
               ,
               because
               he
               had
               an
               intent
               to
               kill
               a
               person
               :
               so
               if
               one
               lie
               in
               wait
               in
               a
               place
               to
               kill
               one
               ,
               and
               another
               cometh
               to
               the
               place
               ,
               and
               he
               which
               lies
               in
               wai●
               mistakes
               him
               ,
               and
               kills
               him
               ;
               this
               is
               murder
               ,
               being
               founded
               upon
               prepen●ed
               malice
               .
            
             
               It
               was
               a
               Custom
               in
               old
               time
               ,
               if
               one
               were
               found
               
               g●ilty
               in
               any
               appeal
               of
               murder
               ,
               that
               his
               Wife
               ,
               and
               all
               the
               nearest
               of
               his
               kin
               which
               was
               murdered
               ,
               should
               draw
               the
               felon
               ,
               who
               committed
               the
               murder
               ,
               by
               a
               long
               rope
               to
               the
               place
               of
               execution
               .
            
             
               If
               a
               Peer
               of
               the
               Realm
               be
               arraigned
               at
               the
               suit
               of
               the
               King
               upon
               an
               Indictment
               of
               Murder
               he
               
               shall
               be
               tryed
               by
               his
               Peers
               ,
               that
               is
               Nobles
               ;
               but
               if
               he
               be
               appealed
               of
               murder
               by
               a
               Sub●ect
               ,
               his
               tryal
               shall
               be
               an
               ordinary
               Jury
               of
               twelve
               Freeholders
               ,
               as
               appears
               10
               Edw.
               4
               ,
               6.
               33
               
               Hen.
               8.
               
            
             
               The
               Town-ship
               shall
               be
               amerced
               for
               the
               escape
               of
               a
               murderer
               
                 tempore
                 diurno
              
               ,
               although
               the
               murder
               was
               committed
               in
               the
               town-field
               ,
               or
               lane
               ,
               
                 L.
                 Dyer
                 p.
              
               210.
               
               B.
               
            
             
               If
               a
               man
               be
               attainted
               of
               murder
               ,
               he
               shall
               suffer
               pain
               of
               death
               ,
               and
               shall
               forfeit
               lands
               ,
               goods
               and
               cha●tels
               .
            
          
           
             
               MUTE
               .
            
             
               A
               Prisoner
               may
               stand
               Mute
               two
               manner
               of
               waies
               ;
            
             
               
                 1.
                 
                 When
                 he
                 stands
                 mute
                 without
                 speaking
                 of
                 any
                 thing
                 ;
                 and
                 then
                 it
                 shall
                 be
                 enquired
                 ,
                 whether
                 he
                 stood
                 mute
                 of
                 malice
                 ,
                 or
                 by
                 the
                 Act
                 of
                 God
                 ,
                 and
                 if
                 it
                 be
                 found
                 that
                 it
                 was
                 by
                 the
                 Act
                 of
                 God
                 ,
                 then
                 the
                 Judge
                 of
                 the
                 Court
                 
                   ex
                   officio
                
                 ,
                 ought
                 to
                 
                 inquire
                 whether
                 he
                 be
                 the
                 same
                 person
                 ,
                 and
                 of
                 all
                 other
                 Pleas
                 which
                 he
                 might
                 have
                 pleaded
                 ,
                 if
                 he
                 had
                 not
                 stood
                 mute
                 .
              
               
                 2.
                 
                 When
                 he
                 pleads
                 not
                 guilty
                 ,
                 or
                 doth
                 not
                 directly
                 answer
                 ,
                 or
                 will
                 not
                 put
                 himself
                 upon
                 the
                 enquest
                 ,
                 to
                 be
                 tryed
                 by
                 God
                 and
                 the
                 Countrey
                 .
                 Cook
                 's
                 2
                 
                   part
                   of
                   Instit.
                   c.
                
                 12.
                 
              
            
             
               If
               a
               man
               stand
               mute
               in
               an
               Indictment
               he
               shall
               be
               put
               to
               his
               penance
               ,
               if
               in
               an
               appeal
               he
               shall
               be
               hanged
               ,
               if
               in
               a
               case
               of
               Treason
               ,
               he
               shall
               be
               drawn
               and
               hang'd
               .
            
          
        
         
           
             N
          
           
             
               NAME
               .
            
             
               NAme
               ,
               If
               a
               grant
               be
               made
               to
               a
               Bastard
               ,
               by
               
               the
               name
               of
               him
               which
               begot
               him
               ,
               as
               is
               supposed
               ;
               this
               is
               good
               ,
               if
               he
               be
               known
               by
               such
               a
               Name
               .
            
             
               The
               penalty
               or
               forfeiture
               of
               Players
               ,
               prophanely
               using
               the
               Name
               of
               God
               ,
               is
               ten
               pounds
               ,
               the
               one
               moity
               to
               the
               King
               ,
               the
               other
               to
               him
               that
               will
               sue
               the
               Statute
               ,
               3
               Iac.
               21.
               
            
          
           
             
               NIEFE
               .
            
             
               Niefe
               ,
               some
               have
               holden
               ,
               that
               if
               a
               Free-man
               take
               a
               niefe
               ,
               by
               this
               marriage
               the
               Wife
               shall
               be
               
               free
               for
               ever
               ;
               but
               the
               better
               opinion
               of
               our
               Book●
               is
               ,
               that
               she
               shall
               be
               priviledged
               during
               the
               cover
               〈…〉
               ture
               only
               ,
               unless
               the
               Lord
               himself
               marrieth
               hi
               〈…〉
               neife
               ,
               and
               then
               some
               hold
               that
               she
               shall
               be
               free
               fo
               〈…〉
               
               ever
               .
            
             
               If
               a
               Free-man
               marry
               a
               Wife
               which
               is
               a
               neife
               t
               〈…〉
               
               another
               ,
               she
               shall
               be
               free
               for
               ever
               ,
               although
               the
               Husband
               die
               and
               she
               survive
               ,
               this
               is
               
                 in
                 favorem
                 libertatis
              
               .
            
          
           
             
               NISI
               PRIUS
               .
            
             
               
                 Nisi
                 prius
              
               ,
               is
               a
               judiciall
               Writ
               ,
               and
               so
               called
               because
               
               that
               word
               is
               in
               the
               Writ
               .
            
          
           
             
               NON
               COMPOS
               MENTIS
               .
            
             
               
                 Non
                 compos
                 mentis
              
               ,
               is
               a
               man
               of
               no
               sound
               memory
               ,
               many
               times
               the
               Latin
               word
               explaineth
               the
               true
               sense
               ,
               and
               calleth
               him
               
                 Amens
                 ,
                 demens
                 ,
                 furiosus
                 ,
                 lunaticus
                 ,
              
               
               
                 fatuus
                 ,
                 stultus
              
               ,
               or
               the
               like
               :
               but
               
                 non
                 compos
                 mentis
              
               is
               most
               sure
               and
               legall
               .
            
             
               
                 Non
                 compos
                 mentis
              
               is
               of
               four
               sorts
               .
               Ideota
               which
               from
               his
               nativity
               by
               a
               perpetuall
               infirmity
               is
               
                 non
                 compos
                 mentis
              
               .
               2.
               
               He
               that
               by
               sickness
               ,
               grief
               ,
               
               or
               other
               accident
               wholly
               looseth
               his
               memory
               and
               understanding
               .
               3.
               
               A
               lunatique
               ,
               that
               hath
               some
               time
               his
               understanding
               and
               sometime
               not
               
                 aliquando
                 gaudet
                 lucidis
                 intervallis
              
               :
               and
               therefore
               he
               is
               called
               
                 non
                 compos
                 mentis
              
               so
               long
               as
               he
               hath
               not
               understanding
               .
               Lastly
               ,
               He
               that
               by
               his
               own
               vitious
               act
               for
               a
               time
               depriveth
               himself
               of
               his
               memory
               and
               understanding
               as
               he
               that
               is
               drunken
               ,
               but
               that
               kind
               of
               
                 non
                 compos
                 mentis
              
               shall
               give
               no
               priviledge
               or
               benefit
               to
               him
               or
               his
               heirs
               ;
               and
               a
               discent
               shall
               take
               away
               the
               entry
               of
               an
               Ideot
               ,
               albeit
               the
               want
               of
               understanding
               was
               perpetual
               .
               So
               likewise
               if
               a
               man
               that
               becomes
               
                 non
                 compos
                 mentis
              
               by
               accident
               be
               disseised
               and
               suffer
               a
               discent
               ,
               albeit
               he
               recover
               his
               memory
               and
               understanding
               again
               ,
               yet
               he
               shall
               never
               avoid
               the
               discent
               ,
               and
               so
               it
               is
               
                 a
                 fortiori
              
               of
               one
               that
               hath
               lucida
               
               intervalla
               .
               If
               an
               Ideot
               make
               a
               scoffment
               in
               fee
               ,
               he
               shall
               in
               pleading
               never
               avoid
               it
               ,
               saying
               that
               He
               was
               an
               Ideot
               at
               the
               time
               of
               his
               scoffment
               ,
               and
               so
               had
               been
               from
               his
               nativity
               .
               But
               upon
               an
               
               Office
               found
               for
               the
               King
               ,
               the
               King
               shall
               avoid
               the
               seossment
               for
               the
               benefit
               of
               the
               Ideot
               ,
               whose
               custody
               the
               Law
               giveth
               to
               the
               King
               :
               So
               it
               is
               of
               a
               
                 non
                 compos
                 mentis
              
               ,
               and
               so
               it
               is
               of
               him
               
                 qui
                 gaudet
                 lucidis
                 intervallis
              
               ,
               of
               an
               estate
               made
               during
               his
               lunacy
               ;
               for
               albeit
               the
               parties
               themselves
               cannot
               be
               deceived
               to
               disable
               themselves
               ,
               yet
               twelve
               men
               upon
               this
               Office
               may
               find
               the
               truth
               of
               the
               matter
               .
               But
               if
               any
               of
               them
               alien
               by
               fine
               or
               recovery
               ,
               this
               shall
               not
               only
               bind
               himself
               ,
               but
               his
               heirs
               also
               .
            
             
               
                 Non
                 compos
                 mentis
              
               cannot
               commit
               Felony
               ,
               because
               he
               cannot
               have
               a
               selonious
               intent
               .
               Furiosus
               (
               saith
               
                 Bracton
                 )
                 non
                 intelligit
                 quid
                 agit
                 ,
                 &
                 animo
                 &
                 ratione
                 caret
                 ,
                 &
                 non
                 multum
                 distat
                 à
                 brutis
                 .
              
               
               Neither
               can
               he
               commit
               Petty
               Treason
               ,
               as
               if
               a
               woman
               
                 non
                 compos
                 mentis
              
               kill
               her
               Husband
               ;
               but
               in
               some
               cases
               
                 non
                 compos
                 mentis
              
               may
               comm●t
               high
               treason
               ,
               as
               if
               he
               kill
               ,
               or
               offer
               to
               kill
               the
               King
               ,
               for
               He
               is
               
                 Caput
                 &
                 salus
                 reipublicae
                 ,
                 &
                 à
                 capite
                 bona
                 valetudo
                 transit
                 in
                 omnes
                 :
              
               and
               for
               this
               cause
               their
               persons
               are
               priviledged
               ,
               that
               none
               ought
               to
               offer
               volence
               to
               them
               ,
               but
               he
               is
               
                 reus
                 criminis
                 laesae
                 majestatis
              
               ,
               and
               
                 pereat
                 unus
                 ne
                 pereant
                 omnes
              
               .
            
             
               Of
               ▪
               an
               Ideot
               which
               is
               so
               
                 à
                 nativitate
              
               the
               King
               
               hath
               custodiam
               ,
               of
               
                 non
                 compos
                 mentis
              
               He
               hath
               only
               provision
               ,
               that
               is
               ,
               of
               a
               naturall
               Ideot
               ,
               the
               King
               hath
               his
               Lands
               to
               his
               own
               use
               ;
               but
               of
               
                 non
                 compos
                 mentis
              
               ,
               He
               hath
               not
               to
               his
               own
               use
               ,
               but
               shall
               with
               the
               profits
               of
               the
               Land
               maintain
               him
               ,
               his
               Wife
               ,
               Children
               and
               Houshold
               .
            
          
           
             
               NOBILITY
               .
            
             
               Nobility
               .
               In
               antient
               time
               the
               Senatours
               of
               Rome
               
               were
               elected
               
                 a
                 censu
              
               of
               their
               Revenues
               ,
               so
               here
               in
               antient
               time
               ,
               in
               conferring
               of
               Nobility
               respect
               
               was
               had
               to
               their
               Revenues
               ,
               by
               which
               their
               dignity
               and
               nobility
               might
               be
               supported
               and
               maintained
               .
            
             
               Gentry
               and
               Arms
               is
               of
               the
               nature
               of
               Gavelkind
               ,
               for
               they
               descend
               to
               all
               the
               Sonnes
               ,
               every
               Son
               being
               a
               Gentleman
               alike
               ,
               which
               Gentry
               do
               not
               descend
               to
               all
               the
               Gentry
               alone
               ,
               but
               to
               all
               their
               posterity
               .
               But
               yet
               
                 jure
                 primogeniturae
              
               the
               eldest
               
               shall
               bear
               a
               badge
               of
               his
               birth-right
               ,
               his
               Fathers
               Arms
               without
               any
               difference
               ,
               for
               he
               (
               as
               Littleton
               saith
               )
               is
               more
               worthy
               of
               blood
               ;
               but
               all
               the
               younger
               Brethren
               shall
               give
               severall
               differences
               ,
               
                 &
                 additio
                 probat
                 minoritatem
              
               .
            
             
               The
               Common
               Law
               calls
               none
               noble
               under
               the
               
               degree
               of
               a
               Baron
               ,
               and
               not
               as
               men
               of
               forraign
               Countries
               ,
               with
               whom
               every
               man
               of
               gentle
               birth
               is
               accounted
               noble
               ;
               for
               we
               daily
               see
               that
               both
               Gentlemen
               and
               Knights
               do
               serve
               in
               Parliament
               as
               Members
               of
               Commonalty
               ;
               The
               Law
               hath
               conceived
               such
               an
               opinion
               of
               the
               peaceable
               
               disposition
               of
               Noble-men
               ,
               that
               is
               hath
               been
               thought
               enough
               to
               take
               one
               of
               their
               promises
               upon
               his
               honour
               ,
               that
               He
               would
               not
               break
               the
               peace
               against
               a
               man.
               The
               person
               of
               a
               Baron
               (
               who
               is
               a
               Peer
               of
               Parliament
               )
               shall
               not
               be
               arrested
               
               by
               his
               body
               ,
               1.
               
               In
               respect
               of
               their
               dignity
               ▪
               2.
               
               Because
               the
               Law
               presumeth
               that
               they
               have
               sufficient
               Lands
               and
               Tenements
               wherein
               they
               may
               be
               distrained
               ;
               yet
               in
               case
               of
               contempt
               they
               may
               be
               arrested
               by
               a
               Capias
               or
               attachment
               .
               
            
             
               About
               200
               Gentlemen
               have
               got
               honour
               in
               their
               Famalies
               by
               the
               study
               of
               our
               Common
               Law.
               
            
             
               Every
               Baron
               of
               the
               Parliament
               ought
               to
               have
               a
               Knight
               returned
               of
               his
               Jury
               ,
               every
               Earl
               or
               Baron
               shall
               be
               amerced
               a
               100
               li.
               The
               eldest
               Sons
               of
               Earls
               or
               Vicounts
               are
               not
               Barons
               in
               Law
               ,
               but
               
               in
               reputation
               .
               Those
               which
               of
               antient
               time
               were
               created
               Earls
               were
               of
               the
               blood
               Royal
               ,
               and
               to
               this
               day
               the
               King
               in
               all
               his
               appellations
               stiles
               them
               
                 per
                 nomen
                 charissimi
                 consanguinei
                 nostri
              
               ,
               and
               
               therefore
               their
               bodies
               shall
               not
               be
               arrested
               for
               debt
               ,
               trespass
               ,
               and
               they
               shall
               not
               be
               put
               in
               Juries
               .
            
             
               Those
               which
               were
               Earls
               were
               created
               for
               two
               purposes
               :
               1.
               
               
                 Ad
                 consulendum
                 regem
                 &
                 patriam
                 tempore
                 pacis
                 .
              
               2.
               
               
                 Ad
                 defendendum
                 regem
                 &
                 patriam
                 tempore
                 ●e●l●
                 :
              
               and
               therefore
               antiquity
               hath
               given
               them
               two
               ensigns
               to
               resemble
               these
               two
               duties
               .
            
             
               
                 1.
                 
                 Their
                 head
                 is
                 adorned
                 with
                 a
                 Cap
                 of
                 honour
                 ,
                 
                 and
                 a
                 Coroner
                 ;
                 and
                 their
                 body
                 with
                 a
                 Robe
                 in
                 resemblance
                 of
                 Counsell
                 .
              
               
                 2.
                 
                 They
                 are
                 girt
                 with
                 a
                 Sword
                 ,
                 to
                 shew
                 that
                 they
                 should
                 be
                 faithfull
                 ,
                 and
                 loyall
                 to
                 defend
                 their
                 Prince
                 and
                 Countrey
                 .
              
            
          
           
             
               NUSANS
               .
            
             
               Nusans
               .
               A
               man
               shall
               not
               have
               an
               action
               upon
               the
               Case
               for
               a
               Nusans
               done
               in
               the
               high-way
               ,
               for
               it
               is
               a
               common
               Nusans
               ;
               and
               then
               it
               is
               not
               reason
               
               that
               a
               particular
               person
               should
               have
               an
               Action
               .
               For
               by
               th●
               same
               reason
               that
               one
               person
               should
               have
               an
               Action
               for
               this
               ,
               every
               one
               may
               have
               an
               Action
               for
               it
               ,
               and
               then
               he
               shall
               be
               punished
               a
               100
               times
               for
               one
               and
               the
               same
               cause
               .
               But
               if
               any
               particular
               person
               after
               the
               Nusans
               made
               hath
               a
               more
               particular
               dammage
               then
               any
               other
               ,
               for
               this
               particular
               injury
               he
               shall
               have
               a
               particular
               Action
               upon
               the
               Case
               .
            
          
        
         
           
           
             O.
             
          
           
             
               OATH
               .
            
             
               AN
               Oath
               is
               an
               affirmation
               or
               denyal
               by
               any
               Christian
               of
               any
               thing
               lawfull
               and
               honest
               ,
               be
               ore
               one
               or
               more
               ,
               that
               have
               authority
               to
               give
               the
               same
               for
               advancement
               of
               truth
               and
               right
               ,
               call●ng
               Almighty
               God
               to
               witness
               that
               his
               testimony
               is
               true
               .
               It
               is
               called
               a
               corporall
               Oath
               ,
               because
               he
               toucheth
               with
               his
               hand
               some
               part
               of
               the
               Holy
               Scripture
               .
               
               Cook
               's
               3
               
                 part
                 of
                 Instit.
                 c.
              
               74.
               
            
             
               The
               Law
               esteems
               it
               the
               best
               means
               to
               search
               out
               
               the
               truth
               ,
               by
               the
               Oaths
               of
               honest
               lawfull
               and
               indifferent
               persons
               ,
               as
               
                 God
                 shall
                 help
                 him
              
               ,
               that
               is
               ,
               as
               he
               will
               expect
               the
               blessing
               of
               God
               in
               this
               life
               ,
               and
               eternal
               salvation
               in
               the
               life
               to
               come
               :
               therefore
               an
               Oath
               is
               aptly
               termed
               Sacramentum
               ,
               an
               holy
               band
               ,
               or
               sacred
               tie
               ,
               or
               godly
               vow
               :
               some
               do
               call
               it
               Firmamentum
               
               veritatis
               ,
               the
               foundation
               and
               ground
               of
               truth
               :
               and
               some
               
                 vinculum
                 pacis
              
               ,
               and
               if
               it
               be
               taken
               and
               sound
               by
               a
               whole
               Jury
               ,
               consisting
               upon
               twelve
               persons
               or
               above
               ,
               it
               is
               called
               
                 Veredictum
                 ,
                 viz.
              
               a
               presentment
               of
               truth
               .
            
          
           
             
               OBLIGATION
               .
            
             
               Obligation
               ,
               is
               a
               word
               of
               his
               own
               nature
               of
               large
               extent
               ,
               but
               it
               is
               commonly
               taken
               in
               the
               Common
               Law
               ,
               for
               a
               Bond
               containing
               a
               penalty
               with
               Condition
               
               for
               payment
               of
               Money
               ,
               or
               to
               do
               ,
               or
               suffer
               any
               act
               or
               thing
               ,
               and
               a
               Bill
               is
               most
               commonly
               taken
               for
               a
               single
               Bond
               without
               Condition
               .
            
             
             
               If
               a
               man
               be
               bound
               i●
               an
               Obligation
               with
               Condition
               ,
               that
               if
               the
               Obligor
               do
               go
               from
               the
               
               Church
               of
               St.
               Pet.
               in
               We●tmi●ster
               ,
               to
               the
               Church
               of
               St.
               Pet.
               in
               Rome
               within
               three
               hours
               ,
               that
               th●n
               that
               Obligation
               shall
               be
               void
               :
               the
               Condition
               is
               void
               ,
               and
               im●o●●ble
               .
               If
               a
               man
               be
               bound
               to
               pay
               20
               pound
               a●
               any
               time
               at
               a
               place
               certain
               ,
               the
               O●ligo
               
               cannot
               tender
               the
               Money
               at
               the
               place
               when
               he
               will
               ,
               ●●●
               then
               the
               Obligee
               should
               be
               bound
               to
               perpetuall
               a●●●●●ince
               ,
               and
               therefore
               the
               Obligor
               in
               ●e●p●●●
               o●
               the
               〈◊〉
               of
               the
               time
               must
               give
               the
               Ob●ige●●●●●●●
               that
               on
               such
               a
               day
               at
               the
               place
               limited
               he
               wil●
               pay
               the
               Money
               ,
               and
               then
               the
               Obligee
               must
               attend
               there
               to
               receive
               it
               ;
               for
               if
               the
               Obligor
               pay
               the
               money
               .
               He
               shall
               save
               the
               penalty
               of
               the
               Bond
               ●●●●ve●
               .
            
             
               Wher●●●
               a
               man
               is
               bound
               to
               pay
               1●
               li.
               at
               such
               a
               day
               and
               place
               ,
               i●
               the
               Obligee
               accept
               a
               le●s
               summe
               at
               the
               same
               day
               and
               place
               ,
               this
               appears
               to
               the
               Court
               to
               be
               no
               〈◊〉
               of
               the
               greate
               ,
               but
               acceptance
               
               of
               the
               les●
               at
               a
               day
               before
               it
               is
               d●e
               ,
               or
               at
               another
               place
               ,
               or
               of
               some
               other
               thing
               (
               as
               of
               an
               horse
               )
               may
               be
               a
               s●●●sfaction
            
             
               When
               any
               act
               to
               be
               done
               by
               condition
               ,
               is
               to
               be
               done
               by
               the
               sole
               act
               ,
               or
               labour
               ,
               or
               industry
               of
               a
               stranger
               ,
               which
               act
               in
               no
               manner
               concerns
               the
               Obligo●
               ,
               Obligee
               ,
               or
               any
               other
               person
               ,
               and
               no
               time
               is
               limited
               when
               this
               shall
               be
               done
               ,
               it
               sufficeth
               the
               Obligor
               ,
               if
               the
               act
               be
               done
               in
               the
               life
               of
               him
               which
               ought
               to
               do
               this
               ,
               as
               if
               I
               am
               obliged
               
               to
               you
               on
               condition
               ,
               that
               
                 I.
                 S.
              
               shall
               go
               to
               Rome
               or
               Ierusalem
               ,
               or
               that
               such
               a
               Student
               in
               Divinity
               at
               the
               University
               shall
               preach
               at
               Pauls
               ,
               or
               in
               the
               Law
               ,
               shall
               argue
               the
               matter
               in
               Law
               in
               
                 Westminster
                 Ha●l
              
               ,
               in
               these
               cases
               no
               time
               being
               limited
               ,
               they
               have
               time
               to
               do
               it
               during
               their
               lives
               .
            
          
           
             
             
               OCCUPATION
               .
            
             
               Occupation
               ,
               is
               a
               word
               of
               Art
               ,
               and
               signifieth
               a
               putting
               out
               of
               a
               mans
               Free-hold
               in
               time
               of
               warre
               ,
               
               and
               it
               is
               all
               one
               with
               a
               disseinsin
               in
               time
               of
               peace
               ,
               saving
               that
               it
               is
               not
               so
               dangerous
               .
            
          
           
             
               OFFICE
               .
               
            
             
               Office.
               If
               an
               Office
               be
               granted
               to
               two
               
                 protermino
                 vitarum
                 suarum
              
               ,
               by
               the
               death
               of
               one
               of
               them
               the
               grant
               shall
               be
               void
               ;
               for
               being
               an
               O●●●ce
               of
               trust
               there
               shall
               be
               no
               survivour
               of
               it
               .
               ●●●
               i●
               it
               be
               expressly
               granted
               to
               two
               ,
               
                 &
                 di●tius
                 ●●●um
                 ●i●enti
              
               ,
               the
               survivour
               shall
               have
               it
               .
            
             
               
                 Officia
                 Iudicialia
                 non
                 c●nceda●tur
                 a●te
                 ●am
                 ●●cent
                 :
              
               
               Judicial
               Offices
               cannot
               be
               granted
               in
               reversion
               ,
               but
               ministerial
               may
               .
            
             
               By
               the
               Law
               of
               England
               it
               is
               provided
               that
               no
               
               Officer
               or
               minister
               of
               the
               King
               shall
               be
               ordained
               or
               made
               for
               any
               gift
               or
               brocage
               ,
               favour
               or
               affection
               ;
               nor
               that
               any
               which
               pursueth
               by
               him
               ,
               or
               any
               other
               
               privily
               or
               openly
               to
               be
               in
               any
               manner
               of
               Office
               ,
               shall
               be
               put
               in
               the
               same
               Office
               or
               in
               any
               other
               ,
               but
               that
               all
               such
               Officers
               shall
               be
               made
               of
               the
               best
               ,
               and
               most
               lawfull
               men
               ,
               and
               〈◊〉
               .
               A
               Law
               worthy
               to
               be
               written
               in
               Letters
               of
               gold
               ,
               but
               more
               worthy
               to
               be
               put
               in
               due
               execution
               .
            
             
               An
               Office
               of
               skill
               and
               diligence
               ,
               or
               annuity
               
                 pro
                 concilio
                 impendendo
              
               ,
               cannot
               be
               forfeited
               by
               attainder
               of
               treason
               .
               The
               King
               granteth
               an
               Office
               to
               one
               at
               will
               ,
               and
               10
               li.
               ●ee
               during
               li●e
               
                 pro
                 officio
                 illo
              
               :
               now
               if
               the
               King
               put
               him
               from
               this
               Office
               ,
               the
               ●ee
               shall
               cease
               .
            
             
               The
               Officer
               or
               Minister
               of
               Law
               in
               the
               execution
               
               of
               his
               Office
               ,
               if
               he
               be
               resisted
               or
               assaulted
               ,
               is
               not
               bound
               to
               fly
               to
               the
               wall
               (
               as
               other
               Subiects
               are
               )
               for
               
                 Legis
                 minister
                 non
                 tenetur
                 in
                 execution●
                 officii
                 fugere
                 seu
                 retrocedere
                 .
              
            
             
             
               If
               a
               Justice
               of
               the
               Common
               Place
               be
               made
               Justice
               of
               the
               Kings
               Bench
               ,
               though
               it
               be
               but
               
                 hac
                 vice
              
               ,
               it
               
               determineth
               his
               Patent
               of
               the
               Common
               Place
               ;
               for
               if
               he
               should
               be
               Judg
               of
               both
               Benches
               together
               ,
               he
               should
               controll
               his
               own
               judgment
               :
               for
               if
               the
               common
               place
               erre
               ,
               it
               shall
               be
               reformed
               in
               the
               Kings
               Bench.
               But
               a
               man
               may
               be
               Justice
               of
               the
               Common
               Pleas
               ,
               and
               Chief
               Baron
               of
               the
               Exchequer
               
                 simul
                 &
                 se●el
              
               .
            
             
               These
               words
               
                 colore
                 officii
              
               are
               alwaies
               taken
               
                 in
                 malam
                 partem
              
               ,
               and
               vary
               from
               these
               words
               
                 virtute
                 officii
              
               ,
               or
               
                 ratione
                 officii
              
               ,
               which
               are
               alwaies
               taken
               
                 in
                 bonam
                 ●a●tem
              
               ,
               and
               imply
               that
               the
               Office
               is
               the
               just
               cause
               of
               the
               thing
               and
               the
               thing
               is
               pursuing
               the
               Office
               :
               but
               the
               other
               words
               signifie
               an
               act
               ill
               done
               
               by
               pretence
               and
               countenance
               o●
               the
               Office
               ,
               and
               it
               carrieth
               the
               counterseit
               shew
               of
               duty
               ,
               and
               the
               act
               it self
               hath
               a
               proper
               name
               ,
               and
               is
               called
               Extortion
               .
               As
               if
               an
               Officer
               will
               take
               more
               for
               his
               fees
               then
               he
               ought
               ,
               this
               is
               done
               
                 col●re
                 officii
                 sui
              
               ,
               but
               yet
               it
               is
               not
               part
               of
               his
               Office
               ,
               and
               it
               is
               called
               Extortion
               ,
               which
               is
               no
               other
               then
               robbery
               ;
               nay
               more
               hatefull
               ,
               in
               as
               much
               as
               the
               other
               is
               apparent
               ,
               and
               hath
               the
               visor
               o●
               vice
               ▪
               but
               this
               appeareth
               under
               the
               visage
               of
               virtue
               ,
               and
               so
               is
               more
               hard
               to
               be
               avoided
               ,
               and
               by
               so
               much
               the
               more
               detestable
               .
            
          
           
             
               OXGAUGE
               .
            
             
               Oxgauge
               ,
               or
               
                 oxgate
                 ,
                 Bo●a●a
                 ter●ae
              
               ,
               a
               word
               much
               
               used
               in
               our
               old
               Books
               ,
               and
               is
               as
               much
               land
               as
               an
               Ox
               can
               till
               ,
               by
               the
               grant
               of
               an
               Oxgauge
               of
               land
               may
               pass
               Medow
               and
               Pasture
               .
            
          
           
             
               ORDINARY
               .
            
             
               Ordinary
               ,
               is
               he
               that
               hath
               Ordinary
               jurisdiction
               in
               causes
               Ecclesiasticall
               ,
               immediate
               to
               the
               King
               and
               
               his
               Courts
               of
               Common
               Law
               for
               the
               better
               execution
               of
               Justice
               ;
               as
               the
               Bishop
               or
               any
               other
               that
               
               hath
               exempt
               and
               immediate
               jurisdiction
               in
               causes
               Ecclesiasticall
               .
            
             
               It
               is
               derived
               
                 ab
                 ordine
              
               ,
               to
               put
               him
               in
               mind
               of
               the
               duty
               of
               his
               place
               ,
               and
               o●
               that
               order
               and
               Office
               that
               he
               is
               called
               unto
               .
               
               Cook
               's
               2
               
                 part
                 of
                 Institutes
                 c.
              
               19.
               
               
                 See
                 more
                 there
              
               .
            
          
           
             
               ORDAEL
               ORDALIUM
               .
            
             
               
                 Ordael
                 ordalium
              
               ,
               in
               the
               Saxon
               language
               ordael
               ,
               
               which
               is
               as
               much
               to
               say
               ,
               as
               
                 Expers
                 criminis
              
               ,
               for
               or
               in
               that
               language
               is
               privative
               ,
               and
               del
               is
               part
               ,
               that
               is
               ,
               not
               party
               ,
               or
               not
               guilty
               
               .
            
             
               Or
               signifies
               right
               .
               deale
               part
               (
               say
               some
               )
               whereof
               they
               had
               these
               kinds
               :
               or
               deal
               by
               fire
               which
               was
               for
               the
               better
               sort
               ,
               and
               by
               water
               for
               the
               interiour
               .
               That
               of
               fire
               was
               to
               go
               blind●old
               over
               certain
               plough-shares
               made
               red
               hot
               ,
               and
               layed
               an
               uneven
               distance
               one
               from
               another
               ▪
               that
               of
               water
               was
               either
               of
               hot
               ,
               or
               cold
               ,
               in
               the
               one
               to
               put
               their
               arms
               to
               the
               elbow
               ,
               in
               the
               other
               to
               be
               cast
               head-long
               .
            
          
           
             
               OUTLAWRIE
               .
            
             
               Outlawrie
               ,
               is
               the
               loss
               or
               deprivation
               of
               the
               benefit
               belonging
               to
               a
               Subject
               ,
               that
               is
               of
               the
               Kings
               protection
               and
               the
               Realm
               .
               Heretofore
               none
               could
               
               be
               out-lawed
               but
               for
               felony
               ,
               the
               punishment
               whereof
               was
               death
               ,
               but
               now
               the
               Law
               is
               changed
               .
               An
               out-lawed
               man
               had
               then
               
                 caput
                 lupin●m
              
               ,
               because
               he
               might
               be
               put
               to
               death
               by
               any
               man
               ,
               as
               a
               Wol●
               that
               hatefull
               heast
               might
               .
            
          
        
         
           
           
             P.
             
          
           
             
               PAINE
               FORT
               ET
               DURE
               .
            
             
               
                 PAine
                 f●●t
                 &
                 dure
              
               is
               a
               speciall
               punishment
               for
               such
               as
               being
               arraigned
               for
               selony
               ,
               refuse
               to
               put
               themselves
               upon
               the
               common
               tryall
               of
               
                 God
                 and
                 the
                 Countrey
              
               ,
               and
               thereby
               are
               m●●e
               .
               Such
               a
               one
               shall
               be
               sent
               back
               to
               the
               prison
               whence
               he
               came
               ,
               and
               be
               laid
               in
               some
               low
               
               dark
               house
               where
               he
               shall
               lie
               naked
               upon
               the
               earth
               ,
               without
               any
               litter
               or
               other
               clothing
               ,
               and
               without
               any
               rayment
               ,
               save
               only
               to
               cover
               his
               p●ivy
               Members
               ,
               and
               he
               shall
               lie
               upon
               his
               back
               ,
               with
               his
               head
               covered
               and
               his
               feet
               .
               And
               one
               arm
               shall
               be
               drawn
               to
               one
               quarter
               of
               the
               house
               with
               a
               co●d
               ,
               and
               the
               other
               arm
               to
               another
               quarter
               ,
               and
               ●ro●
               or
               stone
               shall
               be
               laid
               on
               his
               body
               so
               much
               as
               he
               can
               bear
               ;
               and
               the
               next
               day
               following
               he
               shall
               have
               three
               morsels
               of
               barley
               Bread
               Without
               drink
               and
               puddle
               water
               next
               unto
               the
               prison
               door
               ,
               which
               pain
               may
               be
               called
               for
               t
               ,
               in
               that
               it
               is
               so
               ponderous
               and
               grievous
               that
               he
               cannot
               bear
               or
               sustain
               it
               ;
               and
               dure
               because
               he
               shall
               not
               
               have
               release
               of
               it
               during
               his
               life
               ,
               but
               shall
               die
               in
               it
               .
            
          
           
             
               PANNELL
               .
            
             
               Pannell
               ,
               is
               an
               English
               word
               ,
               and
               signifieth
               a
               little
               part
               ,
               for
               a
               pane
               is
               a
               part
               ,
               and
               a
               pannell
               a
               little
               part
               (
               as
               a
               pannell
               of
               wainscot
               ,
               a
               pannell
               of
               a
               saddle
               ,
               and
               a
               pannell
               of
               parchment
               ,
               wherein
               
               the
               Jurors
               Names
               be
               written
               ,
               and
               annexed
               to
               the
               Writ
               ;
               And
               a
               Jury
               is
               said
               to
               be
               impannelled
               )
               
               when
               the
               Sheriff
               hath
               entred
               their
               Names
               into
               the
               pannell
               ,
               or
               little
               piece
               of
               pa●chment
               
                 in
                 pannell●
                 Assisae
              
               .
            
          
           
             
               PARAVAILE
               .
            
             
               Paravaile
               .
               He
               is
               called
               Tenant
               paravaile
               ,
               because
               
               the
               Law
               presumeth
               that
               he
               hath
               benefit
               and
               availe
               over
               the
               services
               which
               he
               payeth
               to
               the
               Lord.
               
            
          
           
             
               PARCENERS
               .
            
             
               Parceners
               .
               If
               a
               partition
               be
               made
               between
               two
               Coparceners
               of
               one
               and
               the
               self
               same
               land
               ,
               
               that
               the
               one
               shall
               have
               the
               land
               from
               Easter
               untill
               Lammas
               ,
               and
               to
               her
               heirs
               ;
               or
               the
               one
               shall
               have
               it
               the
               first
               year
               ,
               and
               the
               other
               the
               second
               year
               
                 alternis
                 vicibus
              
               ,
               there
               it
               ●s
               one self
               same
               land
               wherein
               two
               persons
               have
               severall
               Inheritances
               at
               severall
               times
               .
               So
               it
               is
               if
               two
               Coparceners
               have
               two
               severall
               Mannors
               by
               descent
               ,
               and
               they
               make
               partition
               ,
               that
               the
               one
               shall
               have
               one
               Mannor
               for
               a
               year
               ,
               and
               the
               other
               the
               other
               Mannor
               for
               the
               same
               year
               ,
               and
               after
               that
               year
               ,
               then
               she
               that
               had
               the
               one
               Mannor
               shall
               have
               the
               other
               ,
               
                 &
                 sic
                 alternis
                 vicibus
              
               for
               ever
               .
            
             
               If
               an
               Earl
               that
               hath
               his
               dignity
               to
               him
               ,
               and
               his
               heirs
               dieth
               ,
               having
               issue
               one
               daughter
               ,
               the
               dignity
               shall
               descend
               to
               the
               daughter
               ,
               for
               there
               
               is
               no
               incertainty
               ,
               but
               only
               one
               daughter
               ,
               the
               dignity
               shall
               descend
               unto
               her
               and
               her
               posterity
               ,
               as
               well
               as
               any
               other
               Inheritance
               :
               but
               where
               there
               be
               more
               daughters
               then
               one
               ,
               the
               eldest
               shall
               not
               have
               the
               dignity
               and
               power
               of
               the
               Earl
               ,
               that
               is
               to
               be
               a
               Countess
               ,
               but
               the
               King
               who
               is
               the
               Sovereign
               of
               Honour
               and
               Dignity
               ,
               may
               for
               the
               incertainty
               conferre
               the
               dignity
               upon
               which
               of
               the
               daughters
               he
               pleaseth
               .
               But
               
               there
               is
               a
               difference
               between
               a
               dignity
               or
               name
               of
               nobility
               ,
               and
               an
               Office
               of
               Honour
               .
               For
               if
               a
               man
               hold
               a
               Mannor
               of
               the
               King
               to
               be
               high
               Constable
               of
               England
               ,
               and
               die
               having
               issue
               two
               
               daughters
               ,
               the
               eldest
               daughter
               taketh
               Husband
               ,
               he
               shall
               execute
               the
               Office
               solely
               ,
               and
               before
               marriage
               it
               shall
               be
               executed
               by
               some
               sufficient
               Deputy
               .
               But
               the
               dignity
               of
               the
               Crown
               of
               England
               is
               without
               all
               question
               descendible
               to
               the
               eldest
               daughter
               alone
               and
               her
               posterity
               ,
               and
               so
               it
               hath
               been
               declared
               by
               Act
               of
               Parliament
               :
               for
               
                 Regnum
                 non
                 est
                 divisibile
              
               .
            
             
               They
               are
               called
               Parceners
               ,
               because
               by
               the
               Writ
               which
               is
               called
               
                 De
                 partitione
                 facienda
              
               ,
               the
               Law
               will
               compell
               them
               to
               make
               partition
               of
               the
               Land.
               There
               is
               an
               Action
               in
               the
               Civil
               Law
               very
               like
               to
               this
               ,
               called
               
                 Actio
                 familiae
                 here
                 scundae
              
               .
            
          
           
             
               PATRON
               .
            
             
               
                 Patron
                 .
                 Pollard
              
               12.
               
               H
               8.
               doth
               well
               distinguish
               the
               interest
               of
               the
               Parson
               ,
               Patron
               and
               Ordinary
               ,
               the
               Parson
               (
               saith
               he
               )
               hath
               a
               spiritual
               possession
               in
               the
               Church
               ,
               the
               Ordinary
               hath
               charge
               of
               the
               Church
               to
               see
               the
               cure
               served
               ,
               the
               Patron
               
                 jus
                 praesentandi
              
               to
               the
               Church
               .
            
          
           
             
               PARSON
               .
            
             
               
                 Parson
                 .
                 Persona
              
               in
               the
               legall
               signification
               is
               taken
               for
               the
               Rector
               of
               a
               Church
               parochial
               ,
               and
               is
               called
               
                 Persona
                 Ecclesiae
              
               ,
               because
               he
               assumeth
               
               and
               taketh
               upon
               him
               the
               Parson
               of
               the
               Church
               ,
               and
               is
               said
               to
               be
               feised
               
                 in
                 jure
                 Ecclesiae
              
               ,
               and
               the
               Law
               had
               an
               excellent
               end
               herein
               ,
               viz.
               that
               in
               his
               person
               the
               Church
               might
               sue
               for
               and
               defend
               her
               right
               ;
               and
               also
               be
               sued
               by
               any
               that
               had
               an
               elder
               and
               better
               right
               :
               and
               when
               the
               Church
               is
               full
               ,
               it
               is
               said
               to
               be
               
                 plena
                 &
                 consulta
              
               of
               such
               a
               one
               
               Parson
               thereof
               ,
               that
               is
               ,
               full
               and
               provided
               of
               a
               Parson
               that
               may
               
                 vicem
                 seu
                 personam
                 ejus
                 gerere
              
               ,
               
               
                 persona
                 impersonata
              
               :
               Parson
               Impersonee
               is
               the
               Rector
               that
               is
               in
               possession
               of
               the
               Church
               parochiall
               ,
               be
               it
               presentative
               or
               impropriate
               ,
               that
               may
               
                 vicem
                 seu
                 personam
                 ejus
                 gerere
              
               .
               If
               a
               Parson
               of
               a
               Church
               waste
               the
               Inheritance
               of
               his
               Church
               to
               his
               private
               use
               in
               cutting
               down
               the
               Trees
               ,
               the
               
               Patron
               may
               have
               a
               Prohibition
               against
               him
               ,
               for
               he
               is
               seised
               in
               right
               of
               his
               Church
               ,
               and
               his
               glebe
               is
               the
               dower
               of
               his
               Church
               .
            
          
           
             
               PARLIAMENT
               .
            
             
               Parliament
               ,
               is
               the
               highest
               ,
               and
               most
               honourable
               ,
               
               and
               absolute
               Court
               of
               Justice
               of
               England
               ,
               consisting
               hereto●ore
               of
               the
               King
               ,
               the
               Lords
               of
               Parliament
               and
               the
               Commons
               .
               And
               again
               ,
               the
               Lords
               ,
               viz.
               Spiritual
               and
               Temporall
               .
               And
               Commons
               are
               divided
               into
               three
               parts
               ,
               viz.
               into
               Knights
               of
               Shires
               or
               Counties
               ,
               Citizens
               out
               of
               Cities
               ,
               and
               Burgesses
               out
               of
               Buroughs
               .
               All
               which
               have
               voices
               and
               suffrages
               in
               Parliament
               .
               Of
               the
               Members
               of
               the
               Court
               ,
               some
               were
               by
               descent
               ,
               as
               antient
               Noblemen
               ;
               some
               by
               creation
               ,
               as
               Nobles
               newly
               created
               ;
               some
               by
               succession
               ,
               as
               Bishops
               ;
               some
               by
               election
               ,
               as
               Knights
               ,
               Citizens
               and
               Burgesses
               .
            
             
               In
               the
               Lords
               House
               ,
               the
               Lords
               give
               their
               voices
               from
               the
               paisne
               Lord
               seriatum
               by
               the
               word
               of
               (
               Content
               )
               or
               (
               not
               Content
               .
               )
               The
               Commons
               give
               their
               voices
               upon
               the
               question
               ,
               by
               Yea
               or
               No
               ,
               and
               if
               it
               be
               doubtfull
               ,
               and
               neither
               party
               yeeld
               ,
               two
               are
               appointed
               to
               number
               them
               ,
               one
               for
               the
               Yea
               ,
               another
               for
               the
               No
               :
               the
               Yea
               going
               out
               ,
               and
               the
               No
               sitting
               :
               and
               thereof
               report
               is
               made
               to
               the
               House
               .
               
               Cook
               's
               4
               
                 part
                 of
                 Instit.
                 c.
              
               1.
               
            
             
               It
               is
               called
               Parliament
               ,
               because
               every
               Member
               of
               the
               Court
               should
               sincerely
               and
               discreetly
               parler
               
               
                 la
                 ment
              
               for
               the
               generall
               good
               of
               the
               Common-wealth
               .
               
               This
               Court
               the
               French
               calleth
               
                 ●es
                 estats
              
               ,
               or
               
                 l●
                 assemblee
                 des
                 estats
              
               :
               in
               Germany
               it
               is
               called
               a
               Diet.
               It
               is
               legally
               called
               in
               Writs
               and
               judiciall
               proceedings
               ,
               
                 C●m●une
                 con●ilium
                 Regni
                 Angliae
              
               .
            
             
               The
               jurisdiction
               of
               this
               Court
               is
               so
               transcendent
               ,
               that
               it
               maketh
               ,
               inlargeth
               ,
               diminisheth
               ,
               abrogateth
               ,
               repealeth
               ,
               and
               reviveth
               Laws
               ,
               Statutes
               ,
               Acts
               and
               Ordinances
               concerning
               matters
               Ecclesiasticall
               ,
               capitall
               ,
               criminall
               ,
               common
               ,
               civill
               ,
               martial
               ,
               maritime
               ,
               and
               the
               rest
               .
            
             
               The
               efficient
               causes
               of
               an
               Act
               of
               Parliament
               were
               the
               assent
               of
               the
               Estates
               ,
               viz.
               1.
               
               Of
               the
               
               King.
               2.
               
               Of
               the
               Lords
               Spirituall
               and
               Temporall
               .
               And
               ,
               3.
               
               Of
               the
               Commons
               :
               and
               each
               without
               the
               other
               cannot
               perfect
               this
               work
               ;
               and
               yet
               untill
               the
               royal
               assent
               ,
               it
               was
               but
               
                 embrio
                 in
                 ventre
                 matris
              
               ,
               and
               by
               the
               royal
               assent
               coming
               last
               it
               took
               life
               and
               vigour
               .
               The
               Assembly
               of
               the
               three
               Estates
               ,
               viz.
               the
               King
               ,
               Nobility
               and
               Commons
               ,
               which
               make
               the
               body
               of
               the
               Realm
               ,
               was
               called
               a
               Parliament
               .
               For
               without
               all
               three
               (
               as
               if
               it
               be
               done
               by
               the
               King
               and
               Lords
               ,
               but
               nothing
               spoken
               of
               the
               Commons
               )
               it
               was
               no
               Act
               of
               Parliament
               .
               And
               although
               the
               Lords
               and
               Commons
               agree
               to
               it
               ,
               yet
               it
               was
               not
               an
               Act
               untill
               the
               King
               had
               assented
               also
               ,
               and
               his
               assent
               alwaies
               comes
               after
               their
               assent
               ,
               and
               commonly
               this
               is
               the
               last
               day
               of
               Parliament
               ▪
               from
               this
               day
               forward
               it
               was
               an
               Act
               ,
               and
               not
               before
               ,
               for
               before
               the
               Kings
               assent
               ,
               it
               was
               an
               issue
               in
               the
               Mothers
               womb
               ,
               which
               is
               not
               perfect
               untill
               it
               be
               born
               ,
               for
               the
               Statute
               was
               not
               full
               and
               perfect
               untill
               his
               assent
               given
               to
               it
               .
               But
               it
               shall
               be
               counted
               
               an
               Act
               from
               the
               first
               day
               of
               the
               Parliament
               ,
               unless
               the
               certain
               time
               be
               specified
               when
               the
               Act
               shall
               first
               take
               effect
               .
               But
               if
               the
               Parliament
               have
               divers
               prorogations
               ,
               and
               in
               the
               second
               o●
               
               third
               Session
               an
               Act
               is
               made
               ,
               this
               shall
               not
               have
               relation
               to
               the
               day
               of
               the
               beginning
               of
               the
               Parliament
               ,
               viz.
               to
               the
               first
               day
               of
               the
               first
               Session
               ,
               but
               only
               to
               the
               first
               day
               of
               the
               same
               Session
               ,
               in
               which
               it
               is
               made
               .
            
             
               Of
               Acts
               of
               Parliament
               some
               are
               introductory
               of
               a
               new
               Law
               ,
               and
               some
               are
               declaratory
               of
               the
               antient
               Law
               ,
               and
               some
               are
               of
               both
               kinds
               by
               addition
               of
               greater
               penalties
               or
               the
               like
               .
               
               Cook
               's
               
                 4th
                 part
                 of
                 Instit
                 c.
              
               1.
               
            
             
               One
               of
               the
               principall
               ends
               of
               ca●ling
               of
               Parliaments
               is
               for
               the
               redress
               of
               the
               ●mischiefs
               and
               grievances
               that
               daily
               happen
               .
               
               Cook
               's
               
                 4th
                 part
                 of
                 Instit.
                 c.
              
               1.
               
            
          
           
             
               PARQUE
               .
            
             
               Parque
               ,
               is
               a
               French
               word
               ,
               and
               signifieth
               that
               which
               we
               vulgarly
               call
               a
               Parke
               ,
               of
               the
               French
               verb
               ,
               parquer
               to
               inclose
               ,
               it
               is
               called
               in
               Domesday
               Parcal
               ,
               in
               Law
               it
               signifieth
               a
               great
               quantity
               of
               ground
               inclosed
               ,
               priviledged
               for
               
               wild
               Beasts
               of
               chase
               by
               prescription
               ,
               or
               by
               the
               Kings
               Grant
               ;
               The
               forfeiture
               for
               hunting
               or
               killing
               of
               Deer
               in
               a
               Park
               ,
               is
               10
               ll
               .
               or
               else
               treble
               dammages
               .
            
          
           
             
               PEACE
               .
            
             
               Peace
               ,
               The
               Law
               of
               our
               Land
               useth
               the
               word
               Peace
               diversly
               :
               Sometimes
               it
               is
               taken
               for
               protection
               
               or
               defence
               ,
               so
               Bracton
               calleth
               the
               Writs
               of
               protection
               
                 Brevia
                 de
                 pace
              
               .
               Sometimes
               it
               is
               taken
               for
               Rrights
               ,
               Priviledges
               ,
               and
               Liberties
               ,
               as
               in
               the
               Oath
               of
               the
               King
               at
               his
               Coronation
               :
               He
               sweareth
               
                 servare
                 ecclesiae
                 Dei
                 ,
                 cleri
                 &
                 populi
                 pacem
                 ex
                 integro
                 ,
              
               that
               he
               will
               maintain
               each
               degree
               ,
               and
               estate
               of
               his
               Subjects
               ,
               as
               well
               Ecclesiasticall
               as
               Temporall
               .
               according
               to
               their
               severall
               Customes
               ,
               Laws
               and
               Priviledges
               ,
               sometimes
               for
               an
               abstinence
               from
               
               injurious
               force
               and
               violence
               ,
               so
               it
               is
               commonly
               
               taken
               ,
               menacing
               beginneth
               the
               breach
               of
               the
               Peace
               ,
               assaulting
               increaseth
               it
               ,
               and
               battery
               accomplisheth
               it
               .
            
          
           
             
               PERIURY
               .
            
             
               Perjury
               ,
               if
               a
               man
               swear
               to
               one
               that
               he
               will
               pay
               to
               him
               twenty
               pound
               which
               he
               oweth
               him
               at
               a
               certain
               day
               ,
               and
               at
               the
               day
               faileth
               of
               the
               paiment
               ,
               he
               may
               not
               be
               sued
               in
               the
               spirituall
               Court
               for
               the
               perjury
               ,
               because
               an
               Action
               of
               debt
               lieth
               at
               the
               Common
               Law
               for
               for
               the
               principall
               .
               But
               34
               H.
               6.
               it
               is
               said
               ,
               that
               if
               a
               man
               buy
               an
               Horse
               for
               five
               pound
               ,
               solvendum
               ,
               such
               a
               day
               ,
               and
               sweareth
               to
               make
               payment
               at
               the
               day
               ,
               but
               when
               the
               day
               is
               come
               ,
               faileth
               of
               payment
               ,
               an
               Action
               of
               debt
               lyeth
               at
               the
               Common
               Law
               ,
               and
               another
               at
               the
               Spirituall
               Law
               ,
               
                 pro
                 laesione
                 fidei
              
               .
            
             
               If
               a
               man
               calleth
               another
               perjured
               man
               ,
               he
               may
               have
               his
               Action
               upon
               his
               Case
               ,
               because
               it
               must
               be
               intended
               contrary
               to
               his
               oath
               in
               a
               judiciall
               proceeding
               :
               but
               for
               calling
               him
               a
               forsworn
               man
               ,
               no
               Action
               doth
               lie
               ,
               because
               the
               forswearing
               may
               be
               
                 extra
                 judiciall
              
               .
               Cook
               's
               3
               
                 part
                 of
                 his
                 Instit.
                 c.
              
               74.
               
            
          
           
             
               PILLORY
               .
            
             
               Pillory
               ,
               cometh
               of
               the
               French
               pilorie
               ,
               which
               proceeds
               from
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               janua
               ,
               and
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               video
               ,
               because
               
               one
               standing
               on
               the
               Pillory
               ,
               putteth
               his
               head
               through
               a
               kind
               of
               door
               .
            
          
           
             
               PIPOWDERS
               .
               
            
             
               Pipowders
               ,
               is
               a
               Court
               belonging
               to
               Markets
               and
               Fairs
               ,
               to
               yeeld
               Justice
               to
               the
               buyers
               and
               sellers
               coming
               thither
               ,
               which
               because
               they
               are
               most
               frequented
               in
               Summer
               ,
               the
               word
               was
               given
               of
               the
               dusty
               feet
               of
               the
               comers
               ,
               from
               two
               French
               
               words
               ,
               
                 pies
                 pouldrez
              
               ,
               id
               est
               ,
               
                 pedes
                 pulvere
                 inquinatos
              
               .
            
          
           
             
               PLEAS
               .
            
             
               Pleas.
               All
               pursuits
               and
               actions
               (
               we
               call
               them
               in
               our
               English
               tongue
               Pleas
               )
               and
               in
               barbarous
               ,
               (
               but
               now
               usuall
               Latin
               )
               placita
               ,
               taking
               the
               name
               abusive
               ,
               of
               the
               definitive
               sentence
               ,
               which
               may
               well
               be
               called
               placitum
               ,
               or
               ▪
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               The
               
               French
               call
               it
               arest
               ,
               in
               which
               word
               after
               their
               custom
               ,
               they
               do
               not
               found
               the●●
               .
               But
               we
               call
               placitum
               the
               action
               ,
               not
               the
               sentence
               :
               and
               placitare
               barbarously
               for
               to
               plead
               in
               English
               agere
               ,
               or
               litigare
               .
            
             
               Pleas
               are
               divided
               into
               Pleas
               of
               the
               Crown
               ,
               and
               into
               Common
               or
               Civil
               Pleas.
               Pleas
               of
               the
               Crown
               are
               Treason
               and
               Felony
               ,
               and
               misprison
               of
               Treason
               and
               Felony
               ;
               They
               are
               
                 Communia
                 placita
              
               ,
               not
               in
               respect
               of
               the
               persons
               ,
               but
               in
               respect
               of
               the
               quality
               of
               the
               Pleas.
               
               Cook
               's
               
                 4th
                 part
                 of
                 Instit.
                 c.
              
               10.
               
            
             
               All
               those
               Pleas
               which
               touch
               the
               life
               or
               mutilation
               
               of
               man
               ,
               are
               called
               Pleas
               of
               the
               Crown
               ,
               and
               cannot
               be
               done
               in
               the
               name
               of
               any
               inferiour
               person
               ,
               then
               He
               or
               She
               that
               holdeth
               the
               Crown
               of
               England
               .
               And
               likewise
               no
               man
               could
               give
               pardon
               thereof
               ,
               but
               the
               Prince
               only
               .
            
          
           
             
               POSSESSION
               .
            
             
               
                 Possession
                 .
                 Possessio
                 est
                 quasi
                 pedis
                 positio
                 .
              
            
             
               
                 In
                 aequali
                 jure
                 melior
                 est
                 conditio
                 possidentis
                 ,
              
               He
               that
               hath
               possession
               of
               Land
               ,
               though
               it
               be
               by
               disseism
               ,
               hath
               right
               against
               all
               men
               ,
               but
               against
               
               him
               that
               hath
               right
               .
            
             
               Possession
               is
               either
               1.
               
               Actuall
               (
               
                 possessio
                 in
                 facto
              
               )
               when
               a
               man
               entreth
               in
               deed
               into
               Lands
               or
               Tenements
               to
               him
               descended
               :
               2.
               
               Or
               possession
               in
               Law
               
                 possessio
                 Civilis
              
               ,
               when
               Lands
               or
               Tenements
               
               are
               descended
               to
               a
               man
               ,
               and
               he
               hath
               not
               as
               yet
               actually
               ,
               and
               indeed
               entred
               into
               them
               .
               
            
             
               Possession
               must
               have
               three
               qualities
               ,
               it
               must
               be
               1.
               
               Long
               ,
               2.
               
               Continual
               ,
               and
               3.
               
               Peaceable
               .
            
          
           
             
               POUND
               .
            
             
               Pound
               ,
               is
               either
               overt
               and
               open
               ,
               so
               called
               because
               
               the
               owner
               may
               give
               his
               Cattell
               meat
               and
               drink
               without
               trespass
               to
               any
               other
               ,
               and
               there
               the
               Cattell
               must
               be
               sustained
               at
               the
               perill
               of
               the
               owner
               ,
               or
               covert
               and
               close
               ,
               as
               if
               one
               impound
               the
               Cattell
               in
               some
               part
               of
               his
               house
               ,
               and
               then
               the
               Cattell
               are
               to
               be
               sustained
               with
               meat
               and
               drink
               at
               the
               perill
               of
               him
               that
               distreineth
               ,
               and
               he
               shall
               not
               have
               any
               satisfaction
               therefore
               .
            
             
               If
               a
               man
               distrain
               Cattell
               for
               dammage
               Feasant
               ,
               and
               put
               them
               in
               the
               pound
               ,
               and
               the
               owner
               that
               had
               common
               there
               make
               fresh
               suit
               ,
               and
               find
               the
               door
               unlocked
               ,
               he
               may
               justifie
               the
               taking
               away
               
               of
               his
               Chattell
               in
               the
               Writ
               of
               
                 à
                 Parco
                 sracto
              
               .
               If
               the
               owner
               break
               the
               Pound
               ,
               and
               take
               away
               his
               goods
               the
               party
               distreining
               may
               have
               his
               Action
               
                 de
                 par●o
                 fracto
              
               ,
               and
               he
               may
               also
               take
               his
               goods
               that
               were
               distreined
               wheresoever
               he
               find
               them
               ,
               and
               impound
               them
               again
               .
            
          
           
             
               PRAEMUNIRE
               .
            
             
               Praemunire
               ,
               is
               to
               be
               adjudged
               out
               of
               the
               Kings
               
               protection
               ,
               to
               lose
               all
               their
               Lands
               and
               Goods
               ,
               and
               to
               suffer
               perpetuall
               imprisonment
               .
            
             
               Some
               hold
               an
               opinion
               ,
               that
               the
               Writ
               is
               so
               called
               a
               praemunire
               ,
               because
               it
               doth
               fortifie
               
                 jurisdictionem
                 jurium
                 regionum
                 Coronae
                 suae
              
               ,
               the
               Kingly
               Laws
               of
               the
               Crown
               against
               forreign
               jurisdiction
               ,
               and
               against
               the
               usurpers
               upon
               them
               ,
               as
               by
               divers
               Acts
               of
               Parliamentt
               appear
               .
               But
               in
               truth
               it
               is
               so
               called
               of
               a
               word
               in
               the
               Writ
               ,
               for
               the
               
               words
               of
               the
               Writ
               are
               ,
               
                 praemunire
                 facias
                 prefatum
              
               
               A.
               B.
               
                 quòd
                 tum
                 sit
                 coram
                 nobis
              
               ,
               where
               praemunire
               is
               used
               for
               praemonerè
               ,
               and
               so
               do
               divers
               Interpreters
               of
               the
               Civil
               and
               Canon
               Law
               use
               it
               ,
               for
               they
               are
               raemuniti
               that
               are
               praemoniti
               ,
               so
               odious
               was
               this
               Offence
               of
               praemunire
               ,
               that
               a
               man
               that
               was
               attainted
               of
               the
               same
               ,
               might
               have
               been
               sla●n
               by
               any
               man
               without
               danger
               of
               Law
               ,
               because
               it
               was
               provided
               by
               Law
               ,
               that
               a
               man
               might
               do
               to
               him
               as
               to
               the
               Kings
               enemy
               ,
               and
               any
               man
               may
               lawfully
               kill
               an
               enemy
               .
               But
               Queen
               Elizabeth
               ,
               and
               her
               Parliament
               
               liking
               not
               the
               extream
               and
               inhumane
               rigor
               of
               the
               Law
               in
               that
               point
               ,
               did
               provide
               that
               it
               should
               not
               be
               lawfull
               for
               any
               person
               to
               slay
               any
               person
               in
               any
               manner
               attainted
               ,
               upon
               any
               praemunire
               .
            
             
               If
               a
               man
               kill
               one
               which
               is
               attainted
               by
               a
               praemunire
               ,
               this
               is
               not
               felony
               ,
               for
               he
               is
               out
               of
               the
               Kings
               
               protection
               ,
               but
               it
               is
               contrary
               if
               one
               kill
               another
               ,
               that
               is
               attainted
               of
               felony
               ,
               and
               judged
               to
               die
               ,
               but
               now
               by
               the
               Statute
               of
               Eliz.
               it
               is
               felony
               to
               kill
               one
               attainted
               by
               a
               praemunire
               .
            
             
               
                 Prebenda
                 a
                 praebendo
                 auxilium
                 ,
                 &
                 consilium
                 Episcopo
                 .
              
               
            
          
           
             
               PREROGATIVE
               .
            
             
               
                 Prerogative
                 ,
                 Littleton
              
               speaketh
               of
               the
               Kings
               
               prerogative
               but
               twice
               in
               all
               his
               Books
               ,
               
                 viz.
                 sect
              
               .
               126.
               and
               178.
               and
               in
               both
               ▪
               places
               as
               part
               of
               the
               Laws
               of
               
                 England
                 ,
                 prerogativa
              
               is
               derived
               of
               prae
               ,
               id
               est
               ,
               
                 ante
                 &
                 rogare
              
               ,
               that
               is
               ,
               to
               a●k
               or
               demand
               
               before
               hand
               ,
               whereof
               cometh
               prerogativa
               ,
               and
               is
               denominated
               of
               the
               most
               excellent
               part
               ,
               because
               though
               an
               Act
               hath
               passed
               both
               the
               
               Houses
               of
               the
               Lords
               and
               Commons
               in
               Parliament
               ,
               yet
               before
               it
               be
               a
               Law
               ,
               the
               Royall
               assent
               must
               be
               asked
               ,
               or
               demanded
               ,
               and
               obtained
               ,
               and
               this
               is
               the
               proper
               sence
               of
               the
               wold
               .
               But
               legally
               it
               extends
               to
               all
               powers
               ,
               preheminences
               ,
               and
               priviledges
               ,
               which
               the
               Law
               giveth
               to
               the
               Crown
               ,
               
                 Bracton
                 l.
              
               1.
               in
               one
               place
               calleth
               it
               libertatem
               ,
               in
               another
               
                 privilegium
                 Regis
              
               .
               The
               King
               hath
               many
               rights
               of
               Majesty
               peculiar
               to
               himself
               (
               the
               learned
               Lawyers
               term
               them
               
                 sacra
                 sacrorum
              
               ,
               that
               is
               ,
               sacred
               ,
               and
               individua
               ,
               inseparable
               ,
               because
               they
               cannot
               be
               severed
               ,
               and
               the
               common
               sort
               
                 r●yall
                 Prerogatives
              
               ,
               which
               they
               term
               the
               flowers
               of
               his
               Crown
               ,
               in
               which
               respect
               they
               affirm
               ,
               that
               the
               regall
               materiall
               Cown
               is
               adorned
               with
               flowers
               .
            
             
               His
               person
               shall
               be
               subject
               to
               no
               mans
               suit
               ,
               his
               possessions
               cannot
               be
               taken
               from
               him
               by
               any
               violence
               ,
               
               or
               wrongfull
               disseism
               ,
               his
               goods
               and
               chattels
               are
               under
               no
               tribute
               ,
               toll
               ,
               nor
               Custom
               ,
               nor
               otherwise
               distreinable
               .
            
             
               The
               peoples
               liberty
               strengthens
               the
               Kings
               Prerogative
               ,
               and
               the
               Kings
               Prerogative
               is
               to
               defend
               the
               peoples
               liberties
               ,
               King
               Charles
               his
               speech
               ,
               in
               the
               3d
               of
               his
               Reign
               .
            
             
               The
               King
               may
               licence
               things
               forbidden
               by
               Statutes
               ;
               As
               to
               coyn
               money
               which
               is
               made
               felony
               by
               the
               Statute
               ,
               and
               was
               before
               lawfull
               ,
               for
               that
               is
               but
               
                 malum
                 prohibitum
              
               ,
               but
               
                 malum
                 in
                 se
              
               ,
               as
               to
               leavy
               a
               nusance
               in
               the
               High-way
               ,
               he
               cannot
               licence
               to
               do
               ,
               but
               when
               it
               is
               done
               he
               may
               pardon
               it
               .
               All
               white
               Swannes
               not
               marked
               ,
               which
               have
               
               gained
               their
               naturall
               Liberty
               ,
               and
               are
               swimming
               in
               an
               open
               and
               common
               River
               ,
               may
               be
               seased
               to
               the
               use
               of
               the
               King
               by
               his
               Prerogative
               ,
               the
               Swanne
               is
               a
               royall
               Bird
               ,
               and
               so
               the
               Whale
               ,
               and
               Sturgeon
               are
               royall
               Fishes
               ,
               and
               belong
               to
               the
               King
               by
               his
               Prerogative
               .
               All
               those
               things
               ,
               the
               property
               of
               
               which
               is
               not
               known
               ,
               belong
               to
               the
               King
               by
               his
               Prerogative
               .
            
             
               A
               grant
               to
               the
               King
               ,
               or
               by
               the
               King
               to
               another
               ,
               
               is
               good
               without
               attonement
               by
               his
               prerogative
               .
            
          
           
             
               PRESCRIPTION
               .
            
             
               Prescription
               ,
               is
               three-sold
               ,
               viz.
               
            
             
               
                 1.
                 
                 Personall
                 ,
                 as
                 the
                 Inhabitants
                 of
                 a
                 Town
                 may
                 prescribe
                 for
                 a
                 way
                 ,
                 &c.
                 
              
               
                 2.
                 
                 Reall
                 ,
                 as
                 incident
                 to
                 an
                 estate
                 ,
                 as
                 for
                 a
                 man
                 to
                 prescribe
                 that
                 he
                 and
                 they
                 whose
                 estate
                 he
                 hath
                 had
                 common
                 ,
                 &c.
                 
              
               
                 3.
                 
                 Locall
                 ,
                 as
                 where
                 a
                 man
                 doth
                 prescribe
                 that
                 within
                 such
                 a
                 Mannor
                 ,
                 &c.
                 
              
            
             
               Prescription
               ,
               is
               a
               title
               taking
               his
               substance
               of
               use
               ,
               
               and
               time
               allowed
               by
               the
               Law
               ,
               as
               
                 I.
                 S.
              
               seised
               of
               the
               Mannor
               of
               D.
               in
               see
               ,
               prescribeth
               thus
               ,
               that
               
                 I.
                 S.
              
               his
               Ancestors
               ,
               and
               all
               those
               whose
               estate
               he
               hath
               in
               the
               said
               Mannor
               ,
               have
               time
               out
               of
               mind
               of
               man
               had
               ,
               and
               used
               to
               have
               Common
               of
               pasture
               in
               such
               a
               place
               ,
               being
               the
               Land
               of
               some
               other
               ,
               as
               pertaining
               to
               the
               said
               Mannor
               .
               This
               properly
               we
               call
               a
               prescription
               .
               
                 Cook
                 on
                 Lit.
                 l.
              
               2.
               c.
               10.
               sect
               .
               170.
               
            
             
               Prescription
               shall
               hold
               sometime
               against
               the
               King
               ,
               in
               such
               things
               as
               a
               man
               may
               prescribe
               in
               ,
               
               as
               one
               shall
               prescribe
               for
               wayse
               and
               straise
               against
               the
               King.
               The
               King
               may
               also
               outstay
               his
               time
               ,
               if
               it
               be
               found
               the
               Tenant
               for
               term
               of
               life
               ,
               hath
               forfeited
               his
               estate
               to
               the
               King
               ,
               whereby
               the
               King
               ought
               to
               cease
               ,
               if
               his
               grace
               sease
               not
               ,
               but
               tarry
               till
               he
               be
               dead
               ,
               so
               that
               he
               in
               the
               reversion
               entreth
               ,
               he
               cannot
               then
               cease
               ,
               so
               that
               maxim
               is
               not
               universally
               true
               ,
               
                 Nullum
                 tempus
                 occurrit
                 Regi
              
               .
            
             
               The
               Statute
               
                 de
                 praerogativa
                 Regis
                 ,
                 quòd
                 nullum
                 tempus
                 occurrit
                 Regi
                 ,
              
               is
               to
               be
               understood
               when
               
               the
               King
               hath
               an
               Estate
               or
               Interest
               certain
               and
               permanent
               ,
               
               and
               not
               when
               his
               interest
               is
               specially
               limited
               ;
               for
               the
               time
               is
               the
               substance
               of
               his
               title
               ,
               and
               in
               such
               case
               
                 ocurrit
                 Regi
              
               .
            
          
           
             
               PRESENTMENT
               .
            
             
               Presentment
               ,
               co●es
               of
               the
               French
               word
               presenter
               to
               set
               before
               one
               :
               and
               in
               the
               understanding
               of
               the
               Law
               is
               a
               meer
               denuncia●ion
               of
               the
               Jurors
               themselves
               ,
               or
               of
               some
               other
               Officer
               ,
               as
               Justice
               ,
               Constables
               ,
               Surveyors
               ,
               &c.
               most
               commonly
               
                 de
                 proprio
                 visu
              
               without
               the
               in●ormation
               or
               the
               prosecution
               of
               a
               third
               party
               of
               any
               offence
               inquirable
               in
               the
               Court
               whereunto
               it
               is
               presented
               .
               
                 Lamb.
                 Eirenarch
              
               .
               pa.
               467.
               
            
          
           
             
               PRESUMPTION
               .
            
             
               Presumption
               .
               There
               be
               three
               sorts
               of
               presumptions
               :
               1.
               
               Violent
               ,
               which
               is
               many
               times
               
                 plena
                 probatio
              
               ;
               
               as
               if
               one
               be
               run
               through
               the
               body
               with
               a
               sword
               in
               an
               house
               ,
               whereof
               he
               instantly
               dieth
               ,
               and
               a
               man
               is
               seen
               in
               the
               house
               to
               come
               out
               with
               a
               bloody
               sword
               ,
               and
               no
               other
               man
               was
               at
               that
               time
               in
               the
               house
               .
               2.
               
               Probable
               which
               moveth
               little
               ▪
               3.
               
               
                 Levis
                 seu
                 temeraria
              
               ,
               which
               moveth
               not
               at
               all
               .
               So
               in
               a
               case
               of
               a
               Charter
               of
               seossment
               ,
               if
               all
               the
               Witnesses
               to
               the
               Deed
               be
               dead
               ,
               then
               violent
               presumption
               which
               stands
               for
               a
               proof
               is
               continual
               and
               quiet
               possession
               .
            
             
               
                 Presumptio
                 stat
                 in
                 dubio
              
               :
               it
               is
               doubted
               of
               ,
               and
               yet
               it
               is
               accounted
               
                 veritatis
                 comes
                 quatenus
                 in
                 contrarium
                 nulla
                 est
                 probatio
                 ut
                 regula
                 se
                 habet
                 ,
                 stabitur
                 presumptioni
                 donec
                 probetur
                 in
                 contrarium
                 .
              
            
          
           
             
               PRISON
               .
            
             
               Prison
               .
               Every
               suffering
               of
               a
               Prisoner
               to
               escape
               is
               a
               
               breach
               of
               prison
               .
               If
               a
               man
               arrest
               one
               for
               felony
               ,
               and
               after
               let
               him
               go
               at
               large
               whether
               he
               will
               ,
               if
               he
               be
               arrested
               for
               felony
               ,
               it
               is
               Felony
               ;
               if
               for
               Treason
               ,
               it
               is
               
               Treason
               ;
               if
               for
               a
               trespess
               ,
               it
               is
               a
               trespass
               ,
               
                 &
                 sic
                 de
                 singulis
              
               .
            
          
           
             
             
               PRIVITIE
               .
            
             
               Privitie
               ,
               is
               a
               word
               common
               as
               well
               to
               the
               English
               as
               to
               the
               French
               ,
               and
               in
               the
               understanding
               of
               the
               Common
               Law
               is
               four-sold
               :
               1.
               
               Privies
               in
               estate
               as
               between
               the
               Donor
               and
               Donee
               ,
               Lessor
               and
               Lessee
               ,
               
               which
               privitie
               is
               ever
               immediate
               .
               2.
               
               Privies
               in
               Blood
               ,
               as
               the
               Heir
               to
               the
               Ancestor
               ,
               or
               between
               Coparceners
               .
               3.
               
               Privies
               in
               representation
               ,
               as
               Executors
               to
               the
               Testator
               .
               And
               4thly
               ,
               Privities
               in
               tenure
               ,
               as
               the
               Lord
               and
               Tenant
               which
               may
               be
               reduced
               to
               two
               generall
               Heads
               ,
               Privies
               in
               Deed
               ,
               and
               Privies
               in
               Law.
               
            
          
           
             
               PRIVILEDGE
               .
            
             
               
                 Priviledge
                 ,
                 privilegium
              
               is
               
                 ius
                 singulare
              
               ,
               whereby
               a
               private
               man
               ,
               or
               a
               particular
               Corporation
               is
               exempted
               from
               the
               vigour
               of
               the
               Common
               Law
               ,
               for
               that
               which
               is
               now
               called
               proprium
               ,
               hath
               been
               called
               of
               old
               Writers
               privum
               .
            
          
           
             
               PROCES
               .
            
             
               Proces
               ,
               it
               is
               called
               process
               ,
               because
               it
               proceedeth
               (
               or
               goeth
               out
               )
               upon
               former
               matter
               ,
               either
               original
               or
               judicial
               .
            
             
               This
               word
               process
               hath
               two
               significations
               ,
               it
               is
               largely
               taken
               for
               all
               proceeding
               in
               all
               reall
               and
               personall
               actions
               ,
               and
               in
               all
               criminall
               and
               common
               Pleas
               ,
               and
               
                 processus
                 derivatur
                 à
                 procedendo
                 usque
                 ad
                 finem
                 .
              
               2.
               
               More
               safe
               for
               the
               proceeding
               after
               the
               originals
               is
               but
               of
               the
               plea
               before
               judgment
               .
            
             
               The
               difference
               between
               process
               and
               the
               precept
               or
               warrant
               of
               the
               Justices
               .
               The
               precept
               
               or
               Warrant
               is
               only
               to
               attach
               and
               convent
               the
               party
               before
               any
               Indictment
               or
               conviction
               ,
               and
               may
               be
               made
               either
               in
               the
               name
               of
               the
               King
               or
               of
               the
               Justice
               .
               Process
               is
               alwaies
               in
               the
               name
               of
               the
               King
               ,
               and
               usually
               after
               an
               Indictment
               ●ound
               or
               other
               conviction
               ;
               and
               because
               the
               King
               
               is
               a
               party
               ,
               it
               must
               also
               be
               with
               a
               
                 non
                 omittas
                 propter
                 aliquam
                 libertatem
              
               .
            
          
           
             
               PROOF
               .
            
             
               
                 Proof
                 .
                 Bracton
              
               saith
               there
               is
               
                 probatio
                 duplex
              
               ,
               viz.
               viva
               ,
               as
               by
               Witnesses
               ,
               
                 viva
                 voce
              
               ,
               and
               mortua
               ;
               as
               by
               Deeds
               ,
               Writings
               ,
               Instruments
               .
               A
               Wife
               cannot
               be
               produced
               either
               against
               or
               for
               her
               Husband
               ,
               
                 quia
                 duae
                 sunt
                 animae
                 in
                 carne
                 una
                 ,
              
               and
               it
               might
               be
               a
               cause
               of
               implacable
               discord
               between
               the
               Husband
               
               and
               the
               Wife
               ,
               and
               a
               mean
               of
               great
               inconvenience
               ;
               but
               in
               some
               cases
               Women
               are
               by
               Law
               wholly
               excluded
               to
               bear
               testimony
               ,
               as
               to
               prove
               a
               man
               to
               be
               a
               villein
               ;
               
                 Mulieres
                 ad
                 probationem
                 status
                 hominis
                 admitti
                 non
                 debent
                 .
              
            
          
           
             
               PROPERTY
               .
            
             
               Property
               ,
               if
               Plate
               be
               stollen
               ,
               and
               sold
               openly
               in
               a
               Scriveners
               Shop
               ,
               on
               the
               Market
               day
               ,
               as
               every
               day
               is
               Market
               day
               in
               London
               ,
               saving
               Sunday
               ,
               this
               sale
               shall
               not
               change
               the
               property
               ,
               but
               the
               party
               shall
               have
               restitution
               :
               for
               a
               Scriveners
               Shop
               is
               not
               a
               Market
               overt
               for
               Plate
               ,
               for
               none
               will
               search
               there
               for
               such
               a
               thing
               ,
               but
               if
               the
               sale
               had
               been
               openly
               in
               a
               Gold-smiths
               Shop
               in
               London
               ,
               so
               that
               every
               one
               which
               passed
               by
               the
               Shop
               might
               have
               seen
               it
               ,
               this
               would
               have
               altered
               the
               property
               ;
               But
               if
               the
               sale
               be
               in
               a
               Gold-smiths
               Shop
               ,
               either
               behind
               a
               hanging
               or
               cupboard
               ,
               so
               that
               one
               passing
               by
               
               the
               Shop
               cannot
               see
               it
               ,
               this
               shall
               not
               change
               the
               property
               ,
               so
               if
               the
               sale
               be
               not
               in
               the
               Shop
               ,
               but
               in
               a
               Warehouse
               ,
               or
               other
               place
               of
               the
               House
               ,
               this
               shall
               not
               change
               the
               property
               ,
               for
               it
               is
               not
               in
               a
               Market
               overt
               ,
               and
               none
               will
               search
               there
               for
               his
               Goods
               .
            
             
               There
               can
               be
               no
               property
               of
               Birds
               ,
               Fowls
               ,
               Wild
               Beasts
               ,
               in
               any
               person
               ,
               unless
               they
               be
               
               tame
               ,
               nevertheless
               ,
               the
               Hawks
               ,
               or
               Herons
               that
               build
               
               in
               the
               ground
               of
               any
               person
               ,
               be
               adjudged
               to
               belong
               to
               him
               that
               oweth
               the
               Ground
               .
            
             
               Some
               things
               there
               are
               ,
               the
               property
               whereof
               the
               Law
               cannot
               vest
               in
               any
               ,
               and
               therefore
               it
               leaveth
               them
               to
               the
               occupant
               ,
               that
               is
               ,
               to
               him
               that
               can
               seise
               them
               as
               things
               which
               are
               by
               nature
               
                 ferae
                 naturae
              
               ,
               as
               Beasts
               ,
               Birds
               ,
               or
               Fishes
               ,
               being
               in
               their
               own
               liberty
               ,
               and
               such
               things
               are
               no
               longer
               any
               mans
               ,
               then
               when
               they
               are
               in
               his
               possession
               or
               custody
               ,
               for
               when
               they
               have
               escaped
               and
               recovered
               their
               naturall
               liberty
               ,
               then
               they
               cease
               to
               be
               his
               .
               The
               nature
               of
               Bees
               is
               wild
               ,
               and
               therefore
               when
               a
               swarme
               of
               
               them
               lighteth
               upon
               thy
               tree
               ,
               they
               are
               no
               more
               thine
               before
               they
               be
               covered
               with
               thy
               Hive
               ,
               then
               Hawks
               which
               have
               made
               their
               nests
               in
               some
               of
               thy
               trees
               ,
               or
               Doves
               in
               thy
               Dove-house
               ,
               for
               though
               the
               young
               birds
               be
               thine
               ,
               whereof
               thou
               maist
               bring
               an
               Action
               of
               trespass
               ,
               
                 quare
                 vi
                 &
                 armis
                 pullas
                 esperuiorum
                 suorum
                 in
                 bosco
                 nidificantium
                 ,
              
               or
               
                 Columbas
                 Columbaris
                 sui
                 caepit
              
               .
               Here
               he
               shall
               not
               use
               this
               word
               suos
               in
               his
               Writ
               ,
               for
               that
               implyeth
               a
               contradiction
               .
               The
               nature
               of
               Doves
               is
               wild
               ,
               neither
               is
               it
               materiall
               that
               by
               custom
               they
               are
               wont
               
                 avolare
                 &
                 revolare
              
               ,
               to
               fly
               from
               home
               ,
               and
               return
               home
               ,
               and
               in
               such
               things
               which
               are
               tame
               ,
               and
               by
               custom
               are
               wont
               to
               depart
               ,
               and
               yet
               to
               return
               ,
               this
               rule
               is
               allowed
               ,
               that
               so
               long
               they
               may
               be
               said
               to
               be
               thine
               ,
               as
               they
               have
               
                 animum
                 revertendi
              
               .
            
             
               Felony
               cannot
               be
               committed
               in
               taking
               of
               Beasts
               that
               be
               savage
               ,
               and
               untamed
               at
               the
               time
               of
               taking
               ,
               nor
               for
               taking
               of
               Doves
               being
               at
               large
               in
               the
               River
               ,
               for
               such
               taking
               is
               not
               
                 contr●ctatio
                 rei
                 alienae
                 ,
                 sed
                 quae
                 est
                 nullius
                 in
                 bonis
                 .
              
               But
               when
               such
               things
               are
               made
               tame
               by
               any
               labour
               ,
               and
               cost
               ,
               the
               property
               of
               them
               is
               changed
               ,
               and
               the
               nature
               altered
               ,
               and
               then
               if
               a
               man
               take
               them
               out
               of
               my
               possession
               ,
               a
               man
               may
               have
               an
               Action
               .
               It
               is
               felony
               to
               take
               young
               
               Pigeons
               ,
               or
               young
               Hawks
               out
               of
               their
               Nests
               before
               that
               they
               can
               fly
               ,
               so
               to
               take
               Fishes
               kept
               in
               a
               Trunk
               .
               To
               take
               tame
               Deer
               is
               selony
               ,
               i●
               the
               taker
               
               know
               it
               to
               be
               tame
               .
               But
               the
               nature
               of
               Hennes
               and
               Geese
               is
               not
               savage
               ,
               and
               therefore
               if
               they
               shall
               fly
               away
               ,
               though
               they
               be
               past
               thine
               eye-sight
               ,
               notwithstanding
               in
               what
               place
               soever
               they
               be
               ,
               they
               cease
               not
               to
               be
               thine
               ,
               and
               whosoever
               detaineth
               them
               ,
               is
               punishable
               by
               way
               of
               action
               .
            
             
               There
               be
               three
               manner
               of
               rights
               of
               property
               .
            
             
               
                 1.
                 
                 Absolute
                 ,
                 this
                 property
                 a
                 man
                 cannot
                 have
                 in
                 any
                 thing
                 which
                 is
                 
                   ferae
                   naturae
                
                 ,
                 but
                 only
                 in
                 such
                 things
                 as
                 are
                 
                   domitae
                   naturae
                
                 .
              
               
                 2.
                 
                 Qualified
                 .
              
               
                 3.
                 
                 Possessory
                 ,
                 these
                 properties
                 a
                 man
                 may
                 have
                 in
                 things
                 
                   ferae
                   naturae
                
                 ,
                 and
                 he
                 may
                 attain
                 to
                 them
                 .
              
            
             
               
                 1.
                 
                 By
                 industry
                 ,
                 either
                 by
                 taking
                 them
                 only
                 ,
                 and
                 yet
                 such
                 things
                 are
                 his
                 no
                 longer
                 ,
                 then
                 they
                 be
                 in
                 his
                 possession
                 or
                 custedy
                 ,
                 or
                 by
                 making
                 them
                 mansueta
                 ,
                 id
                 est
                 ,
                 
                   manui
                   assueta
                
                 ,
                 or
                 domestica
                 ,
                 id
                 est
                 ,
                 
                   domui
                   assueta
                
                 :
                 But
                 in
                 these
                 past
                 ,
                 a
                 man
                 hath
                 but
                 a
                 qualified
                 property
                 ,
                 so
                 long
                 as
                 they
                 remain
                 tame
                 ,
                 and
                 so
                 long
                 felony
                 may
                 be
                 committed
                 by
                 taking
                 them
                 away
                 ,
                 but
                 if
                 they
                 attain
                 to
                 their
                 naturall
                 liberty
                 ,
                 and
                 have
                 not
                 
                   animum
                   revertendi
                
                 ,
                 then
                 the
                 property
                 of
                 them
                 is
                 lost
                 .
              
               
                 2.
                 
                 
                   Ratione
                   imp●tentiae
                   &
                   loci
                
                 ,
                 as
                 where
                 a
                 man
                 hath
                 young
                 Goshawks
                 ,
                 Herons
                 ,
                 or
                 the
                 like
                 ,
                 which
                 are
                 
                   ferae
                   naturae
                
                 ,
                 and
                 do
                 breed
                 (
                 or
                 ayre
                 )
                 in
                 his
                 ground
                 ,
                 he
                 hath
                 a
                 Possessory
                 property
                 in
                 them
                 ,
                 so
                 as
                 if
                 one
                 take
                 them
                 when
                 they
                 cannot
                 sly
                 ,
                 the
                 owner
                 of
                 the
                 soyl
                 may
                 have
                 an
                 action
                 of
                 trespas
                 ,
                 and
                 to
                 take
                 these
                 away
                 is
                 selony
                 .
                 But
                 when
                 a
                 man
                 hath
                 Beasts
                 ,
                 or
                 Fowles
                 that
                 be
                 savage
                 ,
                 and
                 in
                 their
                 wildness
                 
                   ratione
                   privilegii
                   Scil.
                
                 by
                 reason
                 of
                 a
                 Parke
                 ,
                 or
                 Warrein
                 ,
                 (
                 as
                 Deer
                 ,
                 Hares
                 ,
                 
                 Conies
                 ,
                 )
                 Phesants
                 ,
                 or
                 Partridges
                 ,
                 he
                 hath
                 no
                 property
                 in
                 them
                 ,
                 therefore
                 in
                 an
                 Action
                 
                   quare
                   parcum
                
                 ,
                 
                 or
                 
                   Warrenam
                   ,
                   regit
                   &
                   intravit
                   &
                   tresodamas
                   ,
                   lepores
                   ,
                   cuniculos
                   ,
                   phasianos
                   ,
                   perdices
                   ,
                
                 &c.
                 
                   ib
                   idem
                   invenit
                   ,
                   cepit
                   ,
                   &
                   asportavit
                   ,
                
                 he
                 shall
                 not
                 say
                 suos
                 ,
                 for
                 that
                 he
                 hath
                 no
                 property
                 in
                 them
                 ,
                 but
                 they
                 belong
                 unto
                 him
                 ,
                 
                   ratione
                   privilegii
                
                 ,
                 (
                 for
                 his
                 gain
                 and
                 pleasure
                 ,
                 so
                 long
                 as
                 they
                 remain
                 in
                 the
                 place
                 priviledged
                 .
                 And
                 if
                 the
                 owner
                 of
                 the
                 Park
                 die
                 ,
                 his
                 Heir
                 shall
                 have
                 them
                 ,
                 and
                 not
                 his
                 Executor
                 ,
                 or
                 Administrators
                 ,
                 for
                 that
                 without
                 them
                 the
                 Parke
                 (
                 which
                 is
                 an
                 Inheritance
                 )
                 is
                 not
                 compleat
                 ,
                 neither
                 can
                 Felony
                 be
                 committed
                 by
                 taking
                 them
                 .
              
            
             
               If
               a
               man
               find
               an
               Hawk
               that
               was
               lost
               ,
               and
               he
               do
               not
               sorthwith
               bring
               it
               to
               the
               Sheriff
               to
               be
               proclaimed
               ,
               but
               do
               steal
               and
               carry
               it
               away
               ,
               this
               is
               felony
               .
            
             
               If
               a
               man
               make
               Cony-burrows
               in
               his
               own
               land
               ,
               which
               increase
               to
               so
               great
               number
               ,
               that
               they
               destroy
               the
               Land
               of
               his
               neighbour
               next
               adjoyning
               ,
               his
               neighbour
               cannot
               have
               an
               Action
               upon
               the
               Case
               against
               him
               ,
               which
               makes
               the
               said
               Cony-borrows
               ,
               for
               now
               as
               the
               Conies
               come
               upon
               his
               Neighbours
               Land
               ,
               he
               may
               kill
               them
               ,
               for
               they
               are
               
                 ferae
                 naturae
              
               ,
               and
               he
               which
               makes
               the
               Cony-burrows
               hath
               no
               property
               in
               them
               ,
               and
               he
               shall
               not
               be
               punished
               for
               the
               dammages
               which
               the
               Conies
               made
               ,
               in
               which
               he
               hath
               no
               property
               ,
               and
               which
               another
               may
               lawfully
               kill
               ,
               and
               it
               was
               resolved
               in
               this
               case
               that
               none
               may
               erect
               a
               Dove-coat
               ,
               
               but
               the
               Lord
               of
               the
               Mannor
               ,
               and
               if
               any
               do
               ,
               that
               he
               may
               be
               punished
               in
               the
               Leet
               ,
               but
               no
               Action
               of
               the
               Case
               lyeth
               by
               any
               particular
               man
               ,
               for
               the
               infiniteness
               of
               the
               Actions
               which
               may
               be
               brought
               .
            
          
           
             
             
               PROTECTION
               .
            
             
               Protection
               ,
               there
               be
               three
               things
               whereby
               every
               Subject
               is
               protected
               ,
               
                 viz.
                 Rex
                 ,
                 Lex
                 ,
                 &
                 rescripta
                 Regis
                 ,
              
               the
               King
               ,
               the
               Law
               ,
               and
               the
               Kings
               Writs
               .
               The
               Law
               is
               the
               rule
               ,
               but
               it
               is
               mute
               ,
               the
               King
               
               judgeth
               by
               his
               Judges
               ,
               and
               they
               are
               
                 Lex
                 loquens
              
               .
               The
               process
               and
               the
               execution
               which
               is
               the
               life
               of
               the
               Law
               ,
               consisteth
               in
               the
               Kings
               Writs
               ,
               so
               that
               he
               that
               is
               out
               of
               the
               protection
               of
               the
               King
               ,
               cannot
               be
               aided
               or
               protected
               by
               the
               Kings
               Law
               ,
               or
               the
               Kings
               Writs
               ,
               
                 Rex
                 tuetur
                 legem
                 &
                 lex
                 tuetur
                 jus
                 .
              
            
          
           
             
               PROVISO
               .
               
            
             
               Proviso
               ,
               this
               word
               hath
               divers
               operations
               sometimes
               it
               worketh
               a
               qualification
               or
               limitation
               ,
               sometime
               a
               condition
               ,
               and
               sometime
               a
               covenant
               .
            
          
           
             
               PUBLIKE
               .
            
             
               Publike
               ,
               necessity
               priviledgeth
               only
               
                 quoad
                 jura
                 privata
              
               ,
               for
               in
               all
               cases
               if
               the
               act
               that
               should
               deliver
               a
               man
               out
               of
               necessity
               to
               be
               against
               the
               Common-wealth
               ,
               necessity
               excuseth
               not
               for
               
                 privilegium
                 non
                 valet
                 contra
                 rempublicam
              
               ,
               as
               another
               saith
               ,
               
                 necessitas
                 publica
                 major
                 est
                 quam
                 privata
                 .
              
               If
               in
               danger
               of
               tempest
               those
               that
               are
               in
               the
               Ship
               throw
               over
               other
               mens
               goods
               ,
               they
               are
               not
               answerable
               :
               but
               if
               a
               man
               be
               commanded
               to
               bring
               Ordinance
               or
               amunition
               to
               relieve
               any
               of
               the
               Kings
               Towns
               that
               are
               distressed
               ,
               then
               he
               cannot
               for
               any
               danger
               of
               tempest
               justifie
               the
               throwing
               of
               them
               overboard
               .
               If
               Husband
               ,
               and
               Wife
               joyn
               in
               committing
               treason
               ,
               the
               necessity
               of
               obedience
               doth
               not
               excuse
               the
               assence
               as
               it
               doth
               in
               selony
               ,
               because
               it
               is
               against
               the
               Common-wealth
               .
            
          
           
             
             
               PURCHASE
               .
            
             
               Purchase
               ,
               is
               when
               one
               cometh
               to
               Lands
               by
               con
               veyance
               ,
               or
               title
               .
            
             
               An
               Infant
               ,
               or
               minor
               ,
               (
               that
               is
               any
               that
               is
               under
               the
               age
               of
               twenty
               one
               years
               )
               hath
               without
               consent
               of
               any
               other
               capacity
               to
               purchase
               ,
               for
               it
               is
               intended
               for
               his
               benefit
               ,
               and
               at
               his
               full
               age
               he
               
               may
               agree
               thereunto
               ,
               and
               perfect
               it
               ,
               or
               waive
               and
               disagree
               to
               the
               purchase
               ,
               and
               so
               may
               his
               Heirs
               after
               him
               ,
               if
               he
               agreed
               not
               thereunto
               at
               his
               full
               age
               .
               A
               man
               of
               
                 non
                 sane
                 memory
              
               may
               without
               the
               consent
               of
               any
               other
               purchase
               Lands
               ,
               but
               he
               himself
               cannot
               waive
               it
               ,
               but
               if
               he
               dy
               in
               his
               madness
               ,
               or
               after
               his
               memory
               recovered
               without
               agreement
               thereunto
               ,
               his
               heir
               may
               waive
               and
               disagree
               to
               the
               state
               ,
               without
               any
               cause
               shewed
               .
               An
               Hermophradite
               may
               purchase
               according
               to
               the
               Sex
               which
               prevaileth
               .
            
             
               A
               Wife
               (
               Uxor
               )
               is
               a
               good
               name
               of
               purchase
               ,
               without
               a
               Christian
               Name
               ,
               and
               so
               it
               is
               if
               a
               Christian
               Name
               be
               added
               ,
               and
               mistaken
               ,
               as
               Em
               for
               Emelin
               ,
               for
               
                 utile
                 per
                 in
                 utile
                 non
                 vitiatur
                 .
              
               But
               the
               
               Queen
               the
               consort
               of
               the
               King
               of
               England
               is
               an
               exempt
               person
               from
               the
               King
               by
               the
               common
               Law
               ,
               and
               is
               of
               ability
               and
               capacity
               to
               purchase
               ,
               and
               grant
               without
               the
               King
               ,
               Purchases
               are
               good
               in
               many
               cases
               by
               a
               known
               name
               ,
               or
               by
               a
               certain
               description
               of
               the
               person
               ,
               without
               either
               sirname
               ,
               or
               name
               of
               Baptism
               ,
               as
               
                 Uxori
                 I.
                 S.
              
               or
               
                 primo
                 genito
                 filio
              
               ,
               or
               
                 filio
                 natu
                 minimo
                 ,
                 I.
                 S.
              
               or
               
                 omnibus
                 filiis
                 ,
                 &
                 fil●●●
                 us
                 .
              
               A
               Bastard
               having
               gotten
               a
               name
               by
               reputation
               may
               purchase
               by
               his
               reputed
               or
               known
               name
               ,
               to
               him
               and
               his
               Heirs
               ,
               although
               he
               can
               have
               no
               beir
               .
               Persons
               desormed
               having
               humane
               shape
               ,
               Ideots
               ,
               mad
               men
               ,
               Leapers
               ,
               Bastards
               ,
               deaf
               ,
               dumb
               ,
               and
               blind
               minors
               ,
               and
               all
               other
               reasonable
               Cratures
               ,
               have
               power
               to
               
               purchase
               ,
               and
               retain
               Lands
               or
               Tenements
               .
               A
               monster
               born
               within
               lawfull
               matrimony
               ,
               that
               hath
               not
               humane
               shape
               ,
               cannot
               purchase
               ,
               much
               less
               retain
               any
               thing
               .
               The
               same
               Law
               is
               ,
               
                 de
                 professis
                 &
                 mortuis
                 seculo
              
               ,
               for
               they
               are
               
                 civiliter
                 mortui
              
               .
               If
               the
               Tenant
               holdeth
               by
               ●ealty
               ,
               and
               a
               bushell
               of
               Wheat
               ,
               or
               a
               pound
               of
               Comyn
               ,
               or
               of
               Pepper
               or
               such
               like
               ,
               and
               the
               Lord
               purchaseth
               a
               parcell
               of
               the
               Land
               ,
               there
               shall
               be
               an
               apportionment
               ,
               as
               
               well
               as
               if
               the
               rent
               were
               in
               money
               :
               and
               yet
               if
               the
               rent
               were
               in
               one
               grain
               of
               Wheat
               ,
               or
               one
               seed
               of
               Comyn
               ,
               or
               one
               Pepper-corn
               ,
               by
               the
               purchase
               of
               past
               ,
               the
               whole
               should
               be
               extinct
               ,
               because
               when
               that
               thing
               which
               is
               extracted
               out
               of
               the
               Land
               comes
               to
               the
               Land
               again
               ,
               it
               shall
               be
               naturally
               extinguished
               ,
               for
               that
               is
               
                 revolutio
                 ad
                 materiam
                 primam
              
               .
            
             
               But
               if
               an
               intire
               service
               be
               
                 pro
                 b●no
                 publico
              
               ,
               as
               Knights
               service
               ,
               Cas●le
               gard
               ,
               cornage
               
                 pro
                 defensione
              
               
               Regni
               ,
               for
               the
               defence
               of
               the
               Realm
               ,
               or
               to
               repair
               a
               Bridge
               or
               a
               way
               ,
               to
               keep
               a
               Beacon
               ,
               or
               to
               keep
               the
               Kings
               Records
               ,
               or
               for
               advancement
               of
               Justice
               and
               peace
               ,
               as
               to
               aid
               the
               Sheriff
               ,
               or
               to
               be
               Constable
               of
               England
               ,
               though
               the
               Lord
               purchase
               part
               ,
               the
               service
               remaines
               ,
               so
               it
               is
               if
               the
               Tenure
               be
               
                 pro
                 opere
                 dev●tionis
                 sive
                 pietatis
              
               ,
               as
               to
               find
               a
               Preacher
               ,
               or
               to
               provide
               the
               Ornaments
               of
               such
               a
               Church
               ,
               or
               
                 pro
                 opere
                 charitatis
              
               ,
               as
               to
               marry
               a
               poor
               Virgin
               ,
               or
               to
               bind
               a
               Boy
               Apprentice
               ,
               or
               to
               feed
               a
               poor
               man.
               
            
          
        
         
           
           
             Q.
             
          
           
             
               QUARRELS
               .
            
             
               
                 QUarrels
                 ,
                 ▪
                 Querela
                 à
                 querendo
                 .
              
               This
               properly
               
               concerneth
               personall
               actions
               ,
               or
               mixt
               at
               the
               highest
               ,
               for
               the
               Plaintiff
               in
               them
               is
               called
               Querens
               ,
               and
               in
               most
               of
               the
               Writs
               it
               is
               said
               Queritur
               .
               And
               yet
               if
               a
               man
               release
               all
               quarrels
               (
               a
               mans
               deed
               being
               taken
               most
               strongly
               against
               himself
               )
               it
               is
               as
               beneficiall
               as
               all
               actions
               ,
               for
               by
               it
               all
               Actions
               reall
               and
               personall
               are
               released
               .
            
          
        
         
           
             R.
             
          
           
             
               RANSOME
               .
            
             
               RAns●me
               ,
               signifieth
               properly
               a
               summe
               of
               money
               ,
               paid
               for
               the
               redemption
               of
               a
               Captive
               ,
               and
               is
               compounded
               of
               re
               and
               emo
               ,
               that
               is
               to
               redeem
               ,
               or
               buy
               again
               .
               There
               is
               a
               manifest
               
               difference
               between
               a
               ransome
               and
               an
               amerciament
               .
               For
               ransome
               is
               ever
               when
               the
               Law
               infflicteth
               a
               corporall
               punishment
               by
               imprisonment
               ,
               but
               otherwise
               it
               is
               of
               an
               amerciament
               .
            
          
           
             
             
               RAPE
               .
            
             
               
                 Rape
                 .
                 Raptus
              
               is
               when
               a
               man
               hath
               carnall
               
               knowledge
               of
               a
               woman
               by
               force
               ,
               and
               against
               her
               will.
               But
               if
               the
               woman
               conceive
               that
               is
               no
               rape
               ,
               for
               she
               cannot
               conceive
               unless
               she
               consent
               .
            
             
               This
               word
               Rape
               is
               so
               appropriated
               by
               Law
               to
               this
               case
               ,
               as
               without
               the
               word
               (
               ●●apuit
               )
               it
               cannot
               be
               expressed
               by
               any
               periphrasis
               or
               circumlocution
               ;
               for
               
                 carnaliter
                 cognovit
                 eam
              
               ,
               or
               the
               like
               will
               not
               serve
               .
            
             
               One
               
                 W.
                 D.
              
               was
               arraigned
               in
               the
               Kings
               Bench
               upon
               an
               Indictment
               of
               Rape
               of
               a
               Girl
               of
               7
               years
               
               old
               ,
               and
               not
               above
               ,
               
                 viz.
                 quod
                 ipsam
                 felonic●
                 rapuit
                 &
                 carnaliter
                 cognovit
                 .
              
               He
               pleaded
               that
               he
               was
               a
               Sc●t
               known
               and
               prayeth
               for
               his
               triall
               
                 per
                 medietatem
                 linguae
              
               ,
               and
               he
               could
               not
               have
               it
               ;
               because
               a
               Scot
               is
               not
               accounted
               here
               for
               an
               Alien
               ,
               but
               rather
               a
               Subiect
               ,
               and
               the
               Scottish
               Language
               is
               meer
               English.
               By
               good
               evidence
               of
               divers
               grave
               Women
               he
               was
               found
               guilty
               ,
               but
               the
               Court
               doubts
               of
               the
               Rape
               in
               so
               tender
               years
               :
               but
               if
               she
               had
               
               been
               nine
               and
               over
               it
               would
               have
               been
               otherwise
               .
               In
               Bracto●s
               time
               Ravishers
               were
               thus
               punished
               ,
               they
               lost
               their
               eyes
               and
               stones
               ,
               for
               they
               
                 calorem
                 stupri
                 induxerunt
              
               .
            
          
           
             
               REBOUTER
               .
            
             
               Rebouter
               ,
               is
               a
               French
               word
               ,
               and
               is
               in
               Latin
               repellere
               ,
               to
               repell
               or
               bar
               ;
               that
               is
               in
               the
               understanding
               
               of
               the
               Common
               Law
               ,
               the
               Action
               of
               the
               Heir
               by
               the
               warranty
               of
               his
               Ancestor
               ,
               and
               this
               is
               called
               to
               rebut
               ,
               or
               repell
               .
            
          
           
             
             
               RECORD
               .
            
             
               Record
               ,
               is
               derived
               of
               recorder
               to
               remember
               ,
               as
               the
               Poet
               saith
               ,
               
                 si
                 ritè
                 audita
                 recorder
              
               ,
               if
               a
               Record
               once
               say
               the
               word
               ,
               no
               man
               shall
               be
               received
               to
               averr
               or
               speak
               against
               it
               ,
               or
               impugne
               the
               same
               ,
               no
               ,
               though
               such
               record
               contain
               a
               manifest
               or
               known
               falsehood
               ,
               tending
               to
               the
               mischief
               ,
               and
               overthrow
               of
               any
               person
               .
            
             
               The
               Records
               are
               
                 vetustatis
                 &
                 veritatis
                 vestigia
              
               ,
               
               the
               lively
               representations
               of
               time
               and
               truth
               ,
               and
               reputed
               the
               Treasures
               of
               the
               Kingdom
               .
            
             
               The
               Kings
               excellency
               is
               so
               high
               in
               the
               
               Law
               ,
               that
               no
               Frce-hold
               may
               be
               given
               to
               the
               King
               ,
               nor
               derived
               from
               him
               but
               by
               matter
               of
               Record
               .
            
             
               A
               Record
               or
               sufficient
               matter
               in
               writing
               are
               
               good
               memorials
               ,
               for
               
                 litera
                 scripta
                 manet
              
               .
               And
               therefore
               it
               is
               said
               when
               we
               will
               by
               a●y
               Record
               or
               Writing
               commit
               the
               memory
               of
               any
               thing
               to
               posterity
               ,
               it
               is
               said
               
                 tradare
                 memoriae
              
               .
               And
               this
               is
               the
               reason
               that
               regularly
               a
               man
               cannot
               prescribe
               or
               alledge
               a
               custom
               against
               a
               Statute
               ,
               because
               that
               is
               matter
               of
               Record
               .
            
             
               Record
               is
               a
               memoriall
               or
               remembrance
               in
               Rolls
               of
               Parchment
               ,
               of
               the
               Proceedings
               and
               Acts
               of
               a
               Court
               of
               Justice
               ,
               which
               hath
               power
               to
               hold
               plea
               according
               to
               the
               course
               of
               the
               Common
               Law
               ,
               of
               reall
               or
               m●xt
               actions
               ,
               or
               of
               actions
               
                 quare
                 vi
                 &
                 armis
              
               ,
               or
               of
               such
               personall
               actions
               ,
               whereof
               the
               debt
               or
               dammage
               amounts
               to
               forty
               shillings
               or
               above
               ,
               which
               we
               call
               Courts
               of
               Record
               ,
               and
               are
               created
               by
               Parliament
               ,
               Letters
               Patents
               ,
               or
               prescription
               ,
               legally
               Records
               are
               rostrained
               to
               
               the
               Rolls
               of
               such
               only
               as
               are
               Courts
               of
               Record
               ,
               and
               not
               Rolls
               of
               inferiour
               ,
               nor
               of
               any
               other
               Courts
               which
               proceed
               not
               
                 secundum
                 legem
                 &
                 consuetudinem
              
               
               angliae
               ,
               and
               the
               Rolls
               being
               the
               Records
               or
               memorials
               of
               the
               Judges
               of
               the
               Courts
               of
               Record
               ,
               )
               import
               in
               them
               such
               incontrolable
               credit
               and
               verity
               ,
               as
               they
               admit
               no
               averment
               ,
               plea
               or
               proof
               to
               the
               contrary
               .
               And
               if
               such
               a
               record
               be
               alledged
               ,
               and
               it
               is
               pleaded
               that
               there
               is
               no
               such
               record
               ,
               it
               shall
               be
               tried
               only
               by
               it self
               ,
               and
               not
               by
               witness
               or
               Jury
               .
            
          
           
             
               REGISTER
               .
            
             
               Register
               ,
               is
               the
               name
               of
               a
               most
               antient
               Book
               ,
               
               and
               of
               great
               authority
               in
               Law
               ,
               containing
               all
               the
               originall
               Writs
               of
               the
               Common
               Law
               :
               It
               is
               twofold
               ,
               viz.
               
                 Registrum
                 brevium
                 originalium
                 ,
                 &
                 registrum
                 brevium
                 Iudicalium
                 ,
              
               it
               is
               a
               French
               word
               and
               signifieth
               a
               memoriall
               of
               Writs
               .
            
          
           
             
               RELATION
               .
            
             
               Relation
               ,
               is
               a
               species
               of
               fictions
               in
               Law
               ,
               making
               a
               thing
               done
               at
               one
               time
               to
               be
               accepted
               ,
               reverted
               ,
               and
               as
               it
               were
               repuld
               ,
               or
               to
               have
               its
               operation
               as
               is
               it
               had
               been
               done
               at
               another
               time
               ,
               past
               
                 verbi
                 gratiâ
                 .
                 A.
              
               doth
               bargain
               ,
               and
               sell
               Lands
               to
               B.
               in
               August
               by
               Indenture
               ,
               which
               is
               not
               inrolled
               untill
               Oct.
               following
               ,
               yet
               this
               hath
               such
               relation
               to
               the
               date
               of
               the
               Indenture
               ,
               that
               if
               A.
               offer
               that
               ,
               and
               before
               the
               inrolment
               become
               bound
               in
               a
               statute
               or
               grant
               a
               Rents
               charge
               ,
               or
               make
               a
               Lease
               for
               years
               ,
               or
               take
               a
               Wise
               ,
               or
               committed
               felony
               ,
               yet
               shall
               none
               of
               these
               be
               of
               any
               force
               to
               charge
               or
               prejudice
               the
               state
               of
               B.
               for
               that
               the
               Law
               judgeth
               him
               now
               owner
               by
               relation
               ,
               as
               from
               the
               time
               of
               the
               date
               ,
               yet
               if
               a
               servant
               depart
               in
               August
               ,
               for
               some
               great
               breach
               with
               his
               Master
               ,
               do
               kill
               his
               Master
               in
               October
               ,
               this
               is
               in
               Law
               petty
               treason
               ,
               as
               if
               he
               had
               continued
               servant
               when
               he
               did
               the
               fact
               ,
               because
               it
               relates
               to
               the
               malice
               concerned
               ,
               when
               he
               was
               his
               servant
               .
            
          
           
             
             
               RELEASE
               .
            
             
               Release
               ,
               is
               the
               giving
               or
               discharging
               of
               the
               right
               
               or
               action
               which
               any
               hath
               or
               claimeth
               against
               another
               ,
               or
               his
               Land
               ,
               Laxare
               is
               properly
               to
               put
               Prisoners
               in
               setters
               at
               liberty
               ,
               and
               relaxare
               is
               to
               do
               this
               often
               ,
               and
               
                 metaphoricè
                 relaxare
              
               is
               to
               put
               at
               liberty
               settered
               estates
               and
               interests
               ,
               and
               to
               make
               them
               absolute
               .
            
          
           
             
               RELIEF
               .
            
             
               Relief
               ,
               as
               in
               antient
               time
               the
               Senatours
               of
               Rome
               
               were
               elected
               
                 à
                 censu
              
               of
               their
               Revenues
               ,
               so
               here
               in
               antient
               time
               ,
               in
               conserring
               of
               Nobility
               respect
               was
               had
               to
               their
               Revenues
               ,
               by
               which
               their
               Dignity
               and
               Nobility
               may
               be
               supported
               and
               maintained
               ,
               and
               so
               a
               Knight
               ought
               to
               have
               20
               li.
               
                 per
                 annum
              
               ,
               a
               Baron
               13
               Knights
               Fees
               ,
               and
               a
               quarter
               ,
               an
               Earls
               20
               Knights
               Fees
               ,
               and
               alwaies
               the
               fourth
               part
               of
               such
               Revenue
               which
               is
               requisite
               ,
               by
               the
               Law
               to
               the
               Dignity
               shall
               be
               payed
               to
               the
               King
               for
               Relief
               ,
               as
               the
               relief
               of
               a
               Knight
               is
               5
               ll
               .
               which
               is
               the
               4th
               part
               of
               20
               ll
               .
               the
               revenue
               of
               a
               Knight
               ,
               and
               the
               relief
               of
               a
               Baron
               is
               at
               100
               Marks
               which
               is
               the
               4th
               part
               of
               his
               revenue
               ,
               viz.
               400
               Marks
               ,
               and
               includeth
               13
               Knights
               fees
               ;
               and
               a
               quarter
               ;
               and
               the
               relief
               of
               an
               Earl
               is
               a
               100
               ll
               .
               which
               is
               the
               4th
               part
               of
               400
               of
               ll
               .
               his
               revenue
               :
               the
               Relief
               of
               a
               Marquess
               200
               Marks
               ,
               his
               revenue
               being
               800
               Marks
               :
               the
               relief
               of
               a
               Duke
               shall
               amount
               
               to
               200
               ll
               .
               and
               by
               consequent
               his
               revenue
               ought
               to
               be
               800
               ll
               .
               
                 per
                 annum
              
               ;
               for
               every
               one
               of
               the
               Nobility
               is
               presumed
               in
               the
               Law
               to
               have
               sufficient
               Frank-tenement
               
                 ad
                 sustinendum
                 nomen
                 &
                 onus
              
               .
            
          
           
             
               REMAINDER
               .
            
             
               Remainder
               ,
               is
               a
               remnant
               of
               the
               estate
               of
               the
               
               Grantor
               ,
               or
               a
               residue
               of
               an
               estate
               in
               Lands
               depending
               upon
               a
               particular
               estate
               ,
               and
               created
               together
               with
               the
               same
               ;
               and
               in
               Law
               Latin
               it
               is
               called
               remanere
               .
            
             
               There
               is
               a
               diversity
               between
               a
               Remainder
               limited
               by
               particular
               name
               ,
               and
               by
               a
               generall
               name
               .
               For
               a
               Remainder
               limited
               by
               generall
               name
               
               may
               be
               good
               ,
               although
               the
               person
               be
               not
               in
               esse
               at
               the
               time
               of
               the
               remainder
               limited
               ;
               as
               if
               a
               Lease
               for
               life
               be
               made
               the
               Remainder
               to
               the
               right
               Heirs
               of
               I.
               and
               S.
               which
               is
               alive
               ,
               this
               Remainder
               may
               be
               good
               ,
               and
               yet
               he
               hath
               no
               Heir
               at
               the
               time
               of
               the
               Remainder
               limited
               ,
               the
               same
               Law
               is
               of
               a
               Remainder
               
                 primo
                 genito
                 filio
              
               ,
               but
               a
               Remainder
               limited
               in
               particular
               ,
               by
               name
               of
               Baptism
               and
               sirname
               is
               not
               good
               if
               the
               person
               be
               not
               
                 in
                 esse
              
               .
            
             
               If
               the
               person
               that
               is
               to
               take
               the
               Remainder
               be
               not
               
                 in
                 rerum
                 natura
              
               ,
               as
               if
               a
               Lease
               for
               life
               be
               made
               the
               Remainder
               to
               the
               right
               Heirs
               of
               
                 I.
                 S.
                 I.
                 S.
              
               being
               then
               alive
               ,
               it
               sufficeth
               that
               the
               Inheritance
               
               passeth
               presently
               out
               of
               the
               Lessor
               ,
               but
               cannot
               rest
               in
               the
               Heir
               of
               
                 I.
                 a
                 St.
              
               For
               that
               living
               his
               Father
               he
               is
               not
               
                 in
                 reram
                 natura
              
               ,
               for
               
                 non
                 est
                 haeres
                 viventis
              
               :
               so
               as
               the
               Remainder
               is
               good
               upon
               the
               contingent
               ,
               viz.
               if
               
                 I.
                 S.
              
               die
               during
               the
               life
               of
               the
               Lessee
               .
            
             
               Remainder
               is
               a
               residue
               of
               the
               estate
               at
               the
               same
               time
               appointed
               over
               :
               Reversion
               is
               a
               residue
               
               of
               the
               estate
               not
               at
               the
               same
               time
               appointed
               over
               :
               reversion
               is
               
                 ad
                 Dominum
                 aut
                 ejus
                 haeredes
                 unde
                 jus
                 primo
                 derivatur
                 Remainder
                 ad
                 tertium
                 aliquem
                 qui
                 neque
                 Dominus
                 neque
                 tenens
                 in
                 praesente
                 est
                 .
              
            
          
           
             
               REMITTES
               .
            
             
               Remitter
               ,
               a
               French
               word
               ,
               it
               signifieth
               to
               restore
               ,
               
               and
               importeth
               a
               restitution
               of
               Possession
               unto
               a
               man
               antient
               right
               .
               It
               is
               derived
               of
               the
               Latin
               verb
               reomittere
               ,
               which
               hath
               two
               significations
               ,
               
               either
               to
               restore
               ,
               and
               set
               up
               again
               ,
               or
               to
               cease
               .
            
          
           
             
               RENTS
               .
            
             
               Rents
               ,
               Rent
               paid
               yearly
               for
               Land
               ,
               or
               other
               
               things
               ,
               is
               call'd
               in
               Latin
               
                 Reditus
                 a
                 reddendo
              
               ,
               because
               it
               is
               yearly
               yeelded
               or
               restored
               for
               the
               Lands
               ,
               rather
               
                 à
                 redeundo
                 quia
                 retr●
                 it
              
               :
               because
               it
               doth
               return
               to
               the
               Lessor
               or
               Donor
               ,
               for
               the
               issues
               and
               profits
               of
               the
               Land
               ,
               and
               in
               English
               it
               is
               called
               a
               Rent
               ,
               the
               French
               word
               rentor
               ,
               to
               rate
               or
               assess
               a
               price
               .
               Tenure
               by
               Rents
               is
               called
               
                 vivi
                 reditus
              
               ,
               
               because
               the
               Lords
               and
               the
               owners
               thereof
               do
               live
               by
               them
               .
            
             
               A
               feme
               sole
               Lessee
               for
               life
               rendring
               Rent
               ,
               takes
               a
               Husband
               ,
               the
               Rent
               arere
               ,
               the
               Wife
               dieth
               though
               here
               be
               no
               recovery
               in
               the
               Wives
               life
               time
               ,
               yet
               because
               
               the
               Baron
               took
               the
               profit
               ,
               he
               is
               still
               chargeable
               in
               a
               Writ
               of
               debt
               for
               the
               Rent
               ,
               for
               
                 qui
                 sentit
                 commodum
                 sentire
                 debet
                 &
                 onus
                 .
              
            
             
               For
               Rent
               payable
               at
               a
               day
               ,
               the
               party
               hath
               all
               the
               day
               till
               night
               to
               pay
               it
               ,
               but
               i●
               it
               be
               a
               great
               summe
               
               as
               five
               hundred
               ,
               or
               a
               1000
               ll
               .
               He
               must
               be
               ready
               as
               long
               before
               the
               Sun-set
               ,
               as
               the
               money
               may
               be
               told
               :
               for
               the
               other
               is
               not
               bound
               to
               tell
               it
               in
               the
               night
               .
            
          
           
             
             
               REPLEVIN
               .
            
             
               Replevin
               ,
               is
               derived
               of
               replegiare
               ,
               to
               redeliver
               
               to
               the
               owner
               upon
               pledges
               or
               surety
               :
               It
               had
               its
               originall
               of
               the
               word
               pledges
               ,
               which
               denoteth
               them
               that
               undertake
               for
               the
               party
               ,
               that
               he
               shall
               abide
               to
               be
               justified
               by
               the
               Law.
               
            
             
               Goods
               may
               be
               replevied
               two
               manner
               of
               waies
               ,
               viz.
               by
               Writ
               ,
               and
               that
               is
               by
               the
               Common
               Law
               ,
               
               or
               by
               the
               pleinte
               ,
               and
               that
               is
               by
               the
               Statutes
               for
               the
               more
               speedy
               having
               a
               gain
               of
               their
               Cattell
               ,
               and
               Goods
               .
               Replegiare
               is
               compounded
               of
               re
               and
               plegiare
               ,
               that
               is
               to
               redeliver
               upon
               pledge
               or
               Sureties
               .
            
          
           
             
               RESCEIT
               .
            
             
               Resceit
               ,
               is
               in
               the
               Civil
               Law
               called
               
                 Admissio
                 tertiae
                 persone
                 pro
                 interesse
              
               ,
               in
               our
               Law
               when
               one
               is
               sued
               whose
               estate
               is
               so
               weak
               that
               he
               cannot
               defend
               full
               Suit
               ,
               then
               is
               another
               who
               is
               better
               able
               admitted
               up
               payer
               ;
               sometimes
               Receit
               i●
               sur
               Receit
               ,
               this
               is
               against
               rule
               )
               as
               ,
               A
               Wife
               being
               Tenant
               for
               life
               is
               received
               upon
               the
               default
               of
               her
               Husband
               ,
               and
               after
               makes
               default
               he
               in
               reversion
               
               shall
               be
               received
               ;
               so
               if
               baron
               and
               feme
               be
               received
               ,
               and
               after
               baron
               make
               default
               the
               feme
               shall
               be
               received
               .
            
          
           
             
             
               RESCOUS
               .
            
             
               Rescous
               .
               It
               is
               an
               antient
               French
               word
               ,
               coming
               from
               rescourrer
               ,
               that
               is
               ,
               recuperare
               to
               take
               from
               ,
               to
               
               rescue
               ,
               or
               recover
               Rescous
               is
               a
               taking
               away
               ,
               and
               setting
               ●at
               liberty
               against
               Law
               ,
               a
               distress
               taken
               ,
               or
               a
               Parson
               arrested
               by
               the
               process
               or
               course
               of
               the
               Law.
               There
               is
               a
               Rescous
               indeed
               ,
               and
               a
               Rescous
               in
               Law
               :
               of
               the
               first
               hath
               been
               spoken
               .
               A
               Rescous
               in
               Law
               is
               when
               a
               man
               hath
               taken
               in
               distress
               ,
               and
               the
               Cattell
               distreined
               ,
               as
               he
               is
               driving
               of
               them
               to
               the
               Pound
               ,
               to
               go
               into
               the
               house
               of
               the
               owner
               ,
               if
               he
               that
               took
               the
               distress
               demand
               them
               of
               the
               owner
               ,
               and
               he
               deliver
               them
               not
               ,
               this
               is
               a
               Rescous
               in
               Law.
               
            
          
           
             
               RESERVATION
               .
            
             
               Reservation
               ,
               cometh
               of
               the
               Latin
               reservo
               ,
               that
               is
               to
               provide
               for
               store
               .
               As
               when
               a
               man
               departeth
               with
               his
               land
               ,
               he
               reserveth
               or
               provideth
               for
               himself
               a
               Rent
               for
               his
               own
               lively-hood
               .
               And
               sometime
               it
               hath
               the
               force
               of
               saving
               or
               excepting
               ;
               so
               as
               sometime
               it
               serveth
               to
               reserve
               a
               new
               thing
               ,
               viz.
               a
               rent
               ,
               and
               sometime
               to
               except
               part
               of
               the
               thing
               
                 in
                 esse
              
               ,
               that
               is
               granted
               .
            
          
           
             
               RETRAXIT
               .
            
             
               Retraxit
               ,
               is
               so
               called
               ,
               because
               that
               word
               is
               the
               effectuall
               word
               in
               the
               entry
               .
               The
               difference
               between
               a
               non-suit
               and
               a
               retraxit
               ,
               is
               ever
               when
               the
               Demandant
               or
               Plaintiff
               is
               present
               in
               Court.
               A
               non-suit
               is
               ever
               upon
               a
               demand
               made
               ,
               when
               the
               
               Demandant
               ▪
               or
               Plaintiff
               should
               appear
               ,
               and
               he
               makes
               default
               .
               A
               retraxit
               is
               a
               barre
               of
               all
               other
               actions
               ,
               of
               like
               or
               inferiour
               nature
               .
               
                 Q●●
                 semel
                 actionem
                 renunciavit
                 amplius
                 repetere
                 non
                 potest
                 .
              
               But
               regularly
               non-suit
               is
               not
               so
               ,
               but
               that
               he
               may
               commence
               an
               action
               of
               like
               nature
               again
               .
               For
               it
               may
               be
               that
               he
               hath
               mistaken
               somewhat
               in
               that
               action
               ,
               
               or
               was
               not
               provided
               of
               his
               proofs
               ,
               or
               mistook
               the
               day
               ,
               or
               like
               .
            
          
           
             
               REVERSION
               .
            
             
               Reversion
               ,
               it
               hath
               a
               double
               acception
               in
               our
               Law
               ,
               the
               one
               is
               ,
               
                 jus
                 revertendi
                 cum
                 status
                 possessionis
                 defecerit
                 :
              
               and
               this
               is
               but
               an
               interest
               in
               the
               
               Land
               when
               the
               occupation
               and
               possession
               of
               it
               shall
               fall
               ,
               and
               so
               it
               is
               commonly
               taken
               .
               2.
               
               When
               the
               possession
               and
               estate
               which
               was
               parted
               for
               a
               time
               ceaseth
               ,
               and
               is
               determined
               in
               the
               persons
               of
               the
               aliens
               ,
               assignees
               ,
               grantees
               ,
               or
               their
               Heirs
               ,
               and
               shall
               effectually
               return
               to
               the
               Donor
               ,
               his
               heirs
               or
               assignees
               whence
               it
               was
               derived
               .
               This
               is
               the
               most
               apt
               and
               proper
               signification
               of
               the
               word
               ,
               which
               is
               
                 nomen
                 verbale
              
               ,
               and
               derived
               of
               the
               verb
               
                 revertor
                 ,
                 &
                 aptè
                 dici
                 non
                 potest
                 reversio
                 ;
                 antequam
                 revertatur
                 in
                 facto
                 .
              
            
             
               A
               reversion
               is
               where
               the
               residue
               of
               the
               estate
               alwaies
               doth
               continue
               in
               him
               that
               made
               the
               particular
               estate
               ,
               or
               where
               the
               particular
               estate
               is
               derived
               out
               of
               his
               estate
               .
               Cook
               on
               
                 Lit.
                 l.
              
               1.
               c.
               2.
               sect
               .
               19.
               
            
          
           
             
               RIGHT
               .
            
             
               
                 Right
                 .
                 Ius
              
               or
               right
               in
               generall
               signification
               includeth
               not
               only
               a
               ●ight
               for
               the
               which
               a
               writ
               
               of
               Right
               doth
               lie
               ,
               but
               also
               any
               title
               or
               claim
               either
               by
               force
               of
               a
               condition
               ,
               Mo●●●ain
               or
               the
               like
               ,
               for
               the
               which
               no
               Action
               is
               given
               by
               Law
               ,
               but
               only
               an
               entry
               .
            
             
               There
               is
               
                 Ius
                 proprietatis
              
               a
               right
               of
               ownership
               :
               
                 Ius
                 p●ssessionis
              
               ,
               a
               ●ight
               of
               seis●
               or
               possession
               :
               and
               
                 Ius
                 proprietatis
                 &
                 possessionis
              
               ;
               a
               right
               both
               of
               property
               
               and
               possession
               ;
               and
               this
               is
               antiently
               called
               
                 Ius
                 duplicatum
              
               .
               For
               example
               ,
               if
               a
               man
               be
               disseised
               of
               an
               Acre
               of
               Land
               ,
               the
               Disseisee
               hath
               
               
                 Ius
                 proprietatis
              
               ,
               the
               Disseisor
               hath
               
                 Ius
                 possessionis
              
               ,
               and
               if
               the
               Disseisee
               release
               to
               the
               Disseisor
               ,
               he
               hath
               
                 Ius
                 proprietatis
                 ,
                 &
                 possessionis
                 dormit
                 aliquando
                 Ius
                 ,
                 moritur
                 nunquam
                 :
              
               for
               of
               such
               an
               high
               estimation
               
               is
               right
               in
               the
               eye
               of
               the
               Law
               ,
               as
               the
               Law
               preserveth
               it
               from
               death
               and
               destruction
               ,
               troden
               down
               it
               may
               be
               ,
               but
               never
               troden
               out
               .
            
             
               
                 Ius
                 sive
                 Rectum
              
               ,
               signifieth
               properly
               and
               specially
               in
               Writs
               and
               in
               Pleas
               when
               an
               Estate
               is
               turned
               to
               a
               right
               ,
               as
               by
               a
               discontinuance
               ,
               dissesin
               ,
               where
               it
               shall
               be
               said
               ,
               
                 quod
                 Ius
                 descendit
                 &
                 non
                 terra
                 .
              
               But
               Right
               (
               also
               )
               doth
               include
               the
               Estate
               
                 in
                 esse
              
               in
               conveyances
               ;
               and
               therefore
               if
               
               the
               Tenant
               in
               Fee-simple
               make
               a
               Lease
               for
               years
               ,
               and
               release
               all
               his
               right
               in
               the
               Land
               to
               the
               Lessee
               and
               his
               Heirs
               ,
               the
               whole
               estate
               in
               Fee-simple
               passeth
               .
            
             
               
                 Ius
                 est
                 sextuplex
              
               :
               1.
               
               
                 Ius
                 recuperandi
              
               :
               2.
               
               Intandi
               :
               
               3.
               
               Habendi
               :
               4.
               
               Retinendi
               :
               5.
               
               Percipiendi
               :
               6.
               
               Possidendi
               .
            
          
           
             
               RIOT
               .
            
             
               Riot
               ,
               is
               where
               three
               (
               at
               the
               least
               )
               or
               more
               do
               some
               unlawfull
               Act
               ,
               it
               comes
               from
               the
               French
               word
               riottor
               ,
               id
               est
               ,
               rixari
               ,
               scold
               or
               brawle
               .
            
          
           
             
               ROBBERY
               .
            
             
               Robbery
               ,
               is
               so
               called
               ,
               because
               Goods
               are
               taken
               
               as
               it
               were
               
                 de
                 la
                 robe
              
               ,
               from
               the
               robe
               ,
               that
               is
               from
               the
               person
               .
               It
               is
               when
               a
               man
               taketh
               any
               thing
               from
               the
               person
               ,
               or
               out
               of
               the
               possession
               of
               another
               seloniously
               .
            
             
             
               A
               Robbery
               was
               done
               in
               Ianuary
               after
               the
               Sun-setting
               ,
               during
               twilight
               ,
               and
               it
               was
               adjudged
               that
               the
               Hundred
               should
               answer
               for
               it
               ,
               because
               it
               was
               convenient
               time
               for
               men
               to
               travell
               ,
               or
               be
               about
               their
               works
               or
               businesses
               ,
               and
               with
               this
               accords
               
               the
               Book
               in
               3.
               
               Edw.
               3.
               
                 tit
                 coronne
              
               293.
               that
               if
               one
               kill
               another
               at
               the
               hour
               of
               the
               Evening
               and
               escape
               ,
               by
               the
               Common
               Law
               the
               Town
               shall
               be
               amerced
               ,
               for
               this
               is
               counted
               in
               the
               Law
               part
               ▪
               of
               the
               day
               .
            
             
               A
               man
               in
               time
               of
               Divine
               service
               upon
               the
               Sabbath
               Day
               was
               rob'd
               ,
               Mountague
               Chief
               Justice
               was
               of
               opinion
               that
               the
               Hundred
               should
               not
               be
               charg'd
               ,
               but
               Doderidge
               ,
               Sir
               
                 Iohn
                 Crook
              
               ,
               and
               Hawtain
               Justices
               ,
               were
               of
               contrary
               opinion
               ,
               that
               the
               Hundred
               should
               be
               charged
               ,
               and
               so
               it
               was
               adjudged
               
                 termino
                 Michaelis
              
               .
            
             
               Although
               the
               thing
               so
               taken
               be
               not
               to
               the
               value
               but
               of
               a
               penny
               ,
               yet
               it
               is
               felony
               for
               which
               the
               offender
               shall
               suffer
               death
               ,
               and
               shall
               not
               have
               the
               
               benefit
               of
               his
               Clergy
               ,
               not
               so
               much
               for
               the
               value
               of
               the
               goods
               taken
               ,
               as
               for
               terrifying
               the
               party
               robbed
               ,
               a
               putting
               him
               in
               dread
               and
               fear
               of
               his
               life
               .
            
             
               He
               that
               robbeth
               any
               dwelling
               house
               ,
               or
               out-house
               
               belonging
               to
               it
               in
               the
               day
               time
               ,
               of
               the
               value
               of
               5
               s.
               whether
               it
               be
               money
               ,
               goods
               or
               ca●tels
               shall
               not
               have
               his
               Clergy
               .
            
             
               If
               a
               Bailiff
               of
               a
               Mannor
               ,
               or
               a
               receiver
               ,
               or
               a
               Factor
               of
               a
               Merchant
               ,
               or
               the
               like
               accountant
               be
               robbed
               ,
               he
               shall
               be
               discharged
               thereof
               upon
               his
               
               account
               .
               But
               otherwise
               it
               is
               of
               a
               Carrier
               ,
               for
               he
               hath
               his
               Hire
               ,
               and
               thereby
               implicitely
               undertaketh
               the
               safe
               delivery
               of
               the
               goods
               delivered
               to
               him
               ,
               and
               therefore
               he
               shall
               answer
               the
               value
               of
               them
               if
               he
               be
               robbed
               of
               them
               .
               So
               if
               goods
               be
               delivered
               to
               a
               man
               to
               be
               safely
               kept
               ,
               and
               after
               those
               
               goods
               are
               stollen
               from
               him
               ,
               this
               shall
               not
               excuse
               him
               ,
               because
               by
               the
               acceptance
               he
               undertook
               to
               keep
               them
               safely
               ,
               and
               therefore
               he
               must
               keep
               them
               at
               his
               perill
               .
               So
               it
               is
               if
               goods
               be
               delivered
               to
               one
               to
               be
               kept
               ;
               for
               to
               be
               kept
               and
               to
               be
               safely
               kept
               is
               all
               one
               in
               Law
               :
               but
               if
               goods
               be
               delivered
               to
               him
               to
               be
               kept
               as
               he
               would
               keep
               his
               own
               ,
               there
               if
               they
               be
               stollen
               from
               him
               without
               
               his
               default
               or
               negligence
               ,
               he
               shall
               be
               discharged
               .
               So
               if
               goods
               be
               delivered
               to
               one
               as
               a
               gage
               or
               pledge
               ,
               and
               they
               be
               stollen
               he
               shall
               be
               discharged
               ,
               because
               he
               hath
               a
               property
               in
               them
               ,
               and
               therefore
               he
               ought
               to
               keep
               them
               no
               otherwise
               then
               his
               own
               :
               but
               if
               he
               that
               gaged
               them
               tendred
               the
               money
               before
               the
               stealing
               ,
               and
               the
               other
               refused
               to
               deliver
               them
               ,
               then
               for
               this
               default
               in
               him
               he
               shall
               be
               charged
               .
               If
               A.
               leave
               a
               Chest
               locked
               with
               B.
               to
               be
               kept
               ,
               and
               taketh
               away
               the
               Key
               with
               him
               ,
               and
               acquainteth
               not
               B.
               what
               is
               in
               the
               Chest
               ,
               and
               the
               Chest
               together
               with
               the
               goods
               of
               B.
               are
               stollen
               away
               ,
               B.
               shall
               not
               be
               charged
               therewith
               ,
               because
               A.
               did
               not
               trust
               B.
               with
               them
               as
               th●s
               case
               is
               .
            
          
           
             
               ROGUE
               .
            
             
               Rogue
               .
               This
               word
               is
               but
               a
               late
               guest
               in
               our
               Law
               ,
               for
               the
               Elder
               Statutes
               call
               such
               a
               one
               a
               vu●an●
               strong
               or
               sturdy
               Begger
               and
               Vag●bond
               ,
               and
               it
               seemeth
               to
               be
               se●ched
               from
               the
               Latin
               R●galor
               ,
               an
               asker
               or
               Beggar
               ,
               or
               the
               French
               ,
               
                 Rogue
                 〈…〉
                 d
                 est
                 arrogans
              
               .
            
          
           
             
               ROUT
               .
            
             
               Rout
               ,
               is
               so
               called
               ,
               because
               they
               do
               move
               and
               
               proceed
               in
               routs
               and
               numbers
               .
               The
               difference
               ●etwixt
               an
               unlawfull
               assembly
               ,
               a
               rout
               and
               riot
               ,
               ●s
               this
               ,
               when
               three
               or
               more
               do
               meet
               to
               do
               an
               un●awfull
               act
               ,
               this
               is
               an
               unlawfull
               Assembly
               ,
               when
               
               they
               move
               being
               weaponed
               from
               the
               place
               of
               their
               meeting
               ,
               towards
               the
               place
               where
               they
               purpose
               to
               do
               an
               unlawfull
               act
               ,
               (
               though
               they
               do
               it
               not
               )
               this
               is
               a
               Rout.
               When
               with
               unlawfull
               weapons
               ,
               they
               do
               an
               unlawfull
               act
               ,
               this
               is
               a
               Riot
               .
               An
               unlawfull
               Assembly
               may
               well
               be
               called
               an
               Introduction
               ,
               a
               Rout
               ,
               a
               Persecution
               ,
               and
               a
               Riot
               ,
               an
               Execution
               .
            
          
        
         
           
             S.
             
          
           
             
               SEISIN
               .
            
             
               SEisin
               or
               Seison
               ,
               is
               common
               as
               well
               to
               the
               English
               
               as
               French
               ,
               and
               signifieth
               in
               the
               common
               possession
               .
               whereof
               Seisina
               a
               Latin
               word
               is
               made
               ,
               and
               Seisire
               a
               verb.
               
            
          
           
             
               SEISINA
               .
            
             
               Seisina
               is
               derived
               of
               
                 à
                 sedendo
              
               ,
               for
               untill
               he
               have
               
               seisin
               ,
               all
               is
               labour
               and
               grief
               ,
               but
               when
               he
               hath
               seisin
               ,
               he
               may
               
                 sedere
                 &
                 acquiescere
              
               .
            
          
           
             
               SERGEANTS
               .
            
             
               Sergeants
               are
               so
               called
               
                 à
                 serviendo
                 ,
                 &
                 à
                 servando
                 ,
              
               or
               conservando
               ,
               for
               they
               are
               conservators
               of
               the
               Law
               and
               Justice
               ,
               and
               may
               be
               stiled
               as
               well
               
                 Servantes
                 leges
              
               ,
               as
               
                 servientes
                 ad
                 legem
              
               .
            
          
           
             
               SHERIFF
               .
            
             
               Sheriff
               or
               Shireve
               ,
               is
               derived
               of
               two
               Saxon
               words
               ,
               
                 viz.
                 Shire
                 comitatus
              
               ,
               which
               cometh
               of
               
               the
               Saxon
               verb
               ,
               
                 Shiram
                 id
                 est
                 partiri
              
               ,
               because
               the
               whole
               Realm
               is
               parted
               ,
               and
               divided
               into
               Shires
               ▪
               
               and
               
                 Reve
                 praefectus
              
               ,
               or
               praepositus
               ,
               so
               as
               Sheriff
               is
               
                 ●raefectus
                 provinciae
              
               ,
               or
               Comitatus
               ,
               Keeper
               of
               the
               Shire
               or
               County
               ,
               the
               words
               of
               his
               Patent
               be
               
                 commissimus
                 vobis
                 custodiam
                 comitatus
                 nostri
              
               .
               And
               he
               hath
               
                 triplicem
                 custodiam
              
               ,
               a
               three-fold
               custody
               ,
               viz.
               
            
             
               
                 1.
                 
                 
                   Vitae
                   Iustitiae
                
                 ,
                 for
                 no
                 suit
                 begins
                 ,
                 and
                 no
                 process
                 is
                 served
                 but
                 by
                 the
                 Sheriff
                 .
              
               
                 2.
                 
                 
                   Vitae
                   Legis
                
                 ,
                 he
                 is
                 after
                 long
                 Suits
                 ,
                 and
                 chargeable
                 to
                 make
                 execution
                 ,
                 which
                 is
                 the
                 l●●e
                 and
                 fruit
                 of
                 the
                 Law.
                 
              
               
                 3.
                 
                 
                   Vitae
                   Reipublicae
                
                 ,
                 he
                 is
                 
                   Principalis
                   conservator
                
                 
                 pacis
                 ,
                 within
                 the
                 County
                 ,
                 which
                 is
                 the
                 life
                 of
                 the
                 Common-wealth
                 .
                 He
                 is
                 called
                 in
                 Lain
                 
                   vice
                   comes
                
                 ,
                 id
                 est
                 ,
                 
                   vice
                   comitis
                
                 ,
                 that
                 is
                 instead
                 of
                 the
                 Earl
                 of
                 the
                 County
                 ,
                 who
                 in
                 antient
                 time
                 had
                 the
                 Regiment
                 of
                 the
                 County
                 under
                 the
                 King
                 ,
                 Sheriffs
                 were
                 great
                 Officers
                 ,
                 and
                 Ministers
                 of
                 Justice
                 long
                 before
                 the
                 Conquest
                 ,
                 and
                 Justices
                 of
                 Peace
                 had
                 not
                 their
                 being
                 untill
                 almost
                 300
                 years
                 after
                 ,
                 viz.
                 in
                 the
                 first
                 year
                 of
                 Edward
                 the
                 3d.
                 
              
            
             
               When
               the
               King
               makes
               a
               Sheriff
               ,
               
                 durante
                 beneplacito
              
               ,
               although
               he
               may
               determine
               his
               Office
               at
               
               his
               pleasure
               ,
               yet
               he
               cannot
               determine
               this
               in
               part
               ,
               nor
               abridge
               the
               Sheriff
               of
               any
               thing
               incident
               or
               appurtenant
               to
               his
               Office
               ,
               for
               the
               Office
               is
               intire
               ,
               and
               it
               ought
               to
               continue
               so
               without
               any
               fraction
               or
               diminution
               ,
               unless
               it
               be
               by
               Act
               of
               Parliament
               .
            
          
           
             
               SOCAGE
               .
            
             
               Socage
               ,
               the
               legall
               termination
               of
               (
               agium
               )
               in
               composition
               signifieth
               service
               or
               duty
               ,
               as
               homagium
               
               the
               service
               of
               the
               man
               ,
               
                 escuagium
                 servitium
                 scuti
                 socagium
                 servitium
                 socae
                 h●●agium
                 :
              
               the
               duty
               to
               be
               paid
               for
               a
               hide
               or
               plough-land
               ,
               and
               so
               of
               
                 cornagium
                 ,
                 burgagium
                 ,
                 villenagium
              
               .
            
             
             
               When
               the
               Lord
               infeoffes
               another
               of
               arable
               land
               to
               hold
               of
               him
               in
               Socage
               ,
               that
               is
               ,
               
                 per
                 servitium
                 socae
              
               ,
               as
               every
               such
               tenure
               at
               the
               beginning
               was
               ,
               as
               Littleton
               saith
               :
               the
               Feoffee
               
                 ad
                 manutenendum
                 servitium
                 socae
              
               ,
               shall
               have
               common
               in
               the
               wastes
               of
               the
               Lord
               for
               his
               necessary
               beasts
               which
               dung
               his
               Land.
               
            
             
               
                 1.
                 
                 Because
                 it
                 was
                 tacitely
                 implyed
                 in
                 the
                 feoffment
                 ,
                 for
                 the
                 feoffee
                 cannot
                 dung
                 his
                 land
                 without
                 beasts
                 ,
                 and
                 they
                 cannot
                 be
                 sustained
                 
                 without
                 pasture
                 ,
                 and
                 
                   per
                   consequens
                
                 the
                 Feoffee
                 shall
                 have
                 (
                 as
                 a
                 thing
                 necessary
                 and
                 incident
                 )
                 Common
                 in
                 the
                 wastes
                 and
                 lands
                 of
                 the
                 Lord.
                 
              
               
                 2.
                 
                 For
                 the
                 maintenance
                 ▪
                 and
                 advancement
                 of
                 tillage
                 which
                 is
                 much
                 regarded
                 and
                 favoured
                 in
                 the
                 Law.
                 
              
            
          
           
             
               SERIEANTY
               .
            
             
               Serjeanty
               ,
               cometh
               of
               the
               French
               word
               Sergeant
               ,
               that
               is
               Satelles
               ,
               and
               it
               is
               the
               same
               with
               service
               .
               
               It
               is
               called
               
                 Magna
                 serjeantia
              
               ,
               or
               
                 magnum
                 servitium
              
               ;
               great
               service
               as
               well
               in
               respect
               of
               the
               excellency
               and
               greatness
               of
               the
               person
               to
               whom
               it
               is
               to
               be
               done
               (
               for
               it
               is
               to
               be
               done
               to
               the
               King
               only
               )
               as
               of
               the
               honour
               of
               the
               service
               it self
               :
               and
               Littleton
               saith
               ,
               it
               is
               greater
               and
               more
               worthy
               then
               Knights
               service
               .
            
             
               This
               Tenure
               hath
               7
               speciall
               Properties
               .
            
             
               
                 1.
                 
                 To
                 be
                 holden
                 of
                 the
                 King
                 only
                 .
              
               
                 2.
                 
                 It
                 must
                 be
                 done
                 when
                 the
                 Tenant
                 is
                 able
                 in
                 proper
                 person
                 .
              
               
                 3.
                 
                 This
                 service
                 is
                 certain
                 and
                 particular
                 .
              
               
                 4.
                 
                 The
                 Relief
                 due
                 in
                 respect
                 of
                 this
                 tenure
                 differeth
                 from
                 Knights
                 service
                 .
              
               
                 5.
                 
                 It
                 is
                 to
                 be
                 done
                 within
                 the
                 Realm
                 .
              
               
                 6.
                 
                 It
                 is
                 Subject
                 to
                 neither
                 aid
                 
                   pour
                   faire
                   fitz
                   chivalier
                
                 .
                 or
                 
                   file
                   marrier
                
                 .
              
               
                 
                 7.
                 
                 It
                 payeth
                 no
                 escuage
                 .
              
            
          
           
             
               STATUTE
               .
            
             
               Statute
               ,
               cometh
               of
               the
               Latin
               word
               statatum
               ,
               
               which
               is
               taken
               for
               an
               Act
               of
               Parliament
               made
               by
               the
               King
               ,
               the
               Lords
               ,
               and
               Commons
               .
            
          
           
             
               STATUTES
               .
            
             
               
                 Statutes
                 .
                 Anno
                 gtio
                 .
                 Caroli
                 Regis
                 .
                 C.
              
               1.
               
               No
               Carrier
               with
               any
               Horse
               or
               Horses
               Waggon
               ,
               men
               with
               waggons
               ,
               Waynemen
               with
               Waynes
               ,
               nor
               Drovers
               with
               Cattell
               shall
               travell
               upon
               the
               Lords
               Day
               ,
               twenty
               Shillings
               forfeit
               for
               every
               offence
               ,
               every
               Dutcher
               that
               kills
               or
               sells
               Victuals
               on
               that
               day
               ,
               shall
               forfeit
               for
               every
               offence
               6
               s.
               8
               d.
               The
               offences
               being
               done
               in
               view
               of
               any
               Justice
               of
               Peace
               ,
               Mayor
               ,
               &c.
               or
               proved
               upon
               Oath
               by
               two
               Witnesses
               ,
               or
               by
               confession
               of
               the
               offendor
               .
            
             
               All
               such
               forfeits
               shall
               be
               leavied
               by
               any
               Constable
               ,
               or
               Church-Warden
               ,
               by
               warrant
               from
               any
               Justice
               ,
               Mayor
               ,
               and
               by
               distress
               ,
               sale
               of
               goods
               ,
               or
               recovered
               by
               any
               person
               that
               will
               sue
               for
               the
               same
               by
               Bill
               ,
               Plaint
               ,
               or
               information
               in
               any
               of
               the
               Kings
               Courts
               of
               Record
               in
               any
               City
               or
               Town
               corporate
               ,
               to
               the
               use
               of
               the
               poor
               of
               the
               Parish
               ,
               saving
               that
               the
               Justice
               ,
               Mayor
               ,
               may
               reward
               the
               Informer
               according
               to
               their
               discretions
               :
               So
               that
               such
               reward
               exceed
               not
               the
               third
               part
               of
               the
               for-●eitures
               ,
               to
               continue
               to
               the
               end
               of
               the
               first
               Se●●●on
               of
               the
               next
               Parliament
               .
            
             
               Anno
               1.
               
               
                 Caroli
                 Regis
                 ,
                 C.
              
               1.
               
            
             
               No
               meetings
               of
               people
               out
               of
               their
               own
               Parishes
               on
               the
               Lords-day
               within
               this
               Realm
               ,
               or
               the
               Dominions
               thereof
               ,
               for
               any
               pastime
               whatsoever
               .
               Nor
               any
               Bear-baitings
               .
               Bull-baitings
               ,
               Common
               Playes
               ,
               or
               other
               unlawfull
               exercises
               used
               by
               any
               within
               their
               own
               Parishes
               ,
               every
               person
               o●●ending
               ,
               to
               forfeit
               for
               every
               offence
               3
               ●
               .
               4
               d.
               to
               
               the
               poor
               of
               the
               Parish
               .
               One
               Justice
               of
               Peace
               of
               the
               County
               ,
               or
               the
               chief
               Officer
               or
               Officers
               of
               any
               City
               or
               Borough
               ,
               upon
               view
               or
               confession
               of
               the
               parties
               ,
               or
               proof
               of
               one
               or
               more
               Witnesses
               on
               Oath
               ,
               shall
               give
               warrant
               under
               hand
               ,
               and
               seal
               to
               the
               Constables
               or
               Church-wardens
               of
               the
               Parish
               ,
               to
               leavy
               the
               said
               penalty
               by
               distress
               and
               sale
               .
               And
               in
               default
               of
               distress
               ,
               the
               offender
               to
               be
               set
               in
               the
               stocks
               three
               hours
               .
            
             
               None
               shall
               be
               impeached
               by
               this
               Act
               ,
               unless
               he
               be
               questioned
               within
               the
               moneth
               ,
               to
               continue
               till
               the
               first
               session
               of
               the
               next
               Parliament
               .
            
             
               
                 Tertio
                 Caroli
                 capite
                 4to
              
               continued
               untill
               first
               session
               of
               the
               next
               Parliament
               .
            
             
               Anno
               21
               
                 Iac.
                 Regis
              
               .
               An
               Act
               to
               prevent
               and
               reform
               prophane
               swearing
               and
               cursing
               .
            
             
               None
               shall
               hereafter
               swear
               or
               curse
               ,
               if
               any
               offend
               herein
               in
               the
               hearing
               of
               any
               Justice
               of
               Peace
               of
               the
               County
               ,
               or
               of
               any
               Major
               ,
               Justice
               of
               Peace
               ,
               Bailiff
               ,
               or
               Head-Officer
               of
               any
               City
               or
               Town
               Corporate
               ,
               or
               shall
               be
               thereof
               convicted
               by
               the
               Oathes
               of
               two
               Witnesses
               ,
               or
               confession
               of
               the
               party
               .
               They
               shall
               forfeit
               to
               the
               poor
               of
               the
               Parish
               for
               every
               time
               they
               so
               offend
               12.
               d.
               And
               the
               Constable
               ,
               Church-Warden
               ,
               and
               Overseers
               of
               the
               poor
               of
               that
               Parish
               ,
               by
               Warrant
               from
               such
               Justice
               or
               Head-Officer
               ,
               shall
               leavy
               the
               same
               by
               distress
               and
               sale
               of
               the
               offenders
               goods
               ,
               rendring
               the
               overplus
               .
               And
               in
               defect
               of
               distress
               ,
               if
               he
               or
               she
               be
               above
               twelve
               years
               ,
               shall
               by
               Warrant
               from
               such
               Justice
               of
               Peace
               ,
               or
               Head-Officer
               be
               set
               in
               the
               Stocks
               three
               whole
               hours
               .
               And
               if
               the
               offendor
               be
               under
               12
               years
               of
               age
               ,
               and
               do
               not
               forthwith
               pay
               the
               forfeit
               ,
               then
               he
               or
               she
               by
               Warrant
               of
               such
               Justice
               ,
               or
               Head-Officer
               ,
               shall
               be
               whipped
               by
               the
               Constable
               ,
               or
               by
               the
               Parent
               ,
               or
               master
               in
               his
               presence
               .
               This
               Statute
               shall
               be
               read
               by
               
               the
               Minister
               of
               every
               Parish
               twice
               in
               the
               year
               ,
               upon
               the
               Sunday
               after
               Evening
               Prayer
               .
            
             
               The
               forfeiture
               for
               not
               repairing
               to
               the
               Church
               weekly
               is
               12
               d.
               
            
             
               10.
               
               Iacobi
               .
               Who
               be
               adjudged
               Rogues
               by
               the
               Stat.
               of
               39
               Eliz.
               4.
               
            
             
               All
               persons
               calling
               themselves
               Scholars
               ,
               going
               about
               begging
               ,
               all
               Sea-fa●ing-men
               pretending
               loss
               of
               their
               Ships
               or
               goods
               on
               the
               Sea
               ,
               going
               about
               the
               Country
               begging
               ,
               all
               idle
               persons
               ,
               Fortune-tellers
               ,
               all
               Fencers
               ,
               Bear-wards
               ,
               common
               Players
               of
               Enterludes
               ,
               and
               Minstrels
               wandring
               abroad
               .
            
          
           
             
               STEALING
               .
            
             
               Stealing
               .
               Theft
               is
               the
               fraudulent
               taking
               away
               of
               another
               mans
               goods
               ,
               with
               an
               intent
               to
               steal
               them
               against
               (
               or
               without
               )
               ▪
               the
               will
               of
               him
               ,
               whose
               goods
               they
               be
               .
            
             
               The
               Civil
               Laws
               do
               judg
               open
               theft
               to
               be
               satisfied
               by
               the
               recompence
               of
               four-fold
               ,
               and
               privy
               theft
               ,
               by
               the
               recompence
               double
               ,
               but
               the
               
               Laws
               of
               England
               suffer
               neither
               of
               those
               offences
               ,
               to
               be
               more
               favourably
               punished
               ,
               then
               with
               the
               offendors
               death
               ,
               so
               that
               the
               value
               of
               the
               thing
               stollen
               be
               above
               12
               d.
               
            
             
               He
               that
               stealeth
               the
               Eggs
               of
               Swans
               out
               of
               their
               Nests
               ,
               shall
               be
               imprisoned
               for
               a
               year
               and
               a
               day
               ,
               and
               fined
               according
               to
               the
               Kings
               pleasure
               ,
               
               one
               moity
               to
               the
               King
               ,
               and
               the
               other
               to
               the
               owner
               of
               the
               Land
               where
               the
               Eggs
               were
               so
               taken
               ,
               and
               it
               was
               a
               Custom
               in
               antient
               time
               ,
               that
               he
               which
               stole
               a
               Swanne
               in
               an
               open
               and
               common
               River
               lawfully
               marked
               ,
               the
               same
               Swanne
               (
               if
               it
               may
               be
               )
               or
               another
               Swanne
               shall
               be
               hanged
               in
               a
               House
               by
               the
               beak
               ,
               and
               he
               which
               stole
               him
               in
               recompence
               thereof
               compelled
               to
               give
               the
               owner
               
               as
               much
               Corn
               as
               may
               cover
               all
               the
               Swan
               ,
               by
               putting
               and
               turning
               the
               Corn
               upon
               the
               head
               of
               the
               Swanne
               ,
               untill
               the
               head
               of
               the
               Swanne
               be
               covered
               with
               the
               Corn.
               
            
          
           
             
               STEWARD
               .
            
             
               Steward
               .
               This
               word
               is
               derived
               of
               two
               old
               words
               ,
               Stede
               and
               ward
               ,
               and
               it
               is
               as
               much
               to
               say
               ,
               as
               a
               man
               appointed
               in
               my
               steed
               or
               place
               .
               And
               Seneschallus
               in
               Latin
               hath
               the
               signification
               :
               the
               Under-sheriff
               Subvicomes
               ,
               in
               antient
               times
               was
               
               called
               
                 Seneschallus
                 vicecomitis
              
               ,
               because
               he
               exerciseth
               the
               place
               of
               the
               Sheriff
               himself
               ,
               and
               therefore
               a
               great
               Officer
               of
               this
               Realm
               is
               called
               the
               great
               Steward
               ,
               because
               the
               King
               appoints
               him
               in
               divers
               cases
               to
               exercise
               his
               place
               .
               By
               the
               Law
               ,
               without
               speciall
               words
               ,
               a
               Steward
               cannot
               make
               a
               Deputy
               ,
               because
               his
               Office
               requires
               sciency
               ,
               fidelity
               ,
               and
               discretion
               .
            
             
               
                 Security
                 of
                 peace
                 ,
                 Securitas
                 de
                 pace
                 .
              
               Surety
               of
               the
               word
               Securitas
               ,
               because
               the
               party
               that
               was
               in
               fear
               ,
               is
               thereby
               secure
               and
               quiet
               .
               Lambert
               .
            
             
               It
               is
               an
               acknowledgment
               of
               a
               Bond
               to
               the
               King
               ,
               taken
               by
               a
               compent
               Judge
               of
               Record
               ,
               for
               the
               keeping
               of
               the
               peace
               ,
               
                 Securitas
                 de
                 bono
                 gestu
                 suo
                 ,
                 Surety
                 of
                 the
                 good
                 abearing
                 ,
              
               differs
               from
               surety
               of
               the
               peace
               in
               this
               ,
               that
               whereas
               the
               peace
               is
               not
               broken
               without
               an
               affray
               ,
               or
               battery
               ,
               or
               such
               like
               ;
               this
               surety
               ,
               
                 De
                 bono
                 gestu
              
               ,
               may
               be
               broken
               by
               the
               number
               of
               a
               mans
               company
               ,
               or
               by
               his
               or
               their
               weapons
               ,
               or
               harness
               .
            
             
               
                 Surrender
                 ,
                 quia
                 sursum
                 redditio
              
               ,
               and
               it
               is
               of
               
               two
               French
               words
               ,
               
                 Suise
                 &
                 rendre
              
               ,
               a
               yeelding
               up
               of
               an
               estate
               again
               to
               his
               Lessee
               ,
               or
               his
               assignee
               .
            
          
           
             
               SVSPENCE
               .
            
             
               Suspence
               ,
               cometh
               of
               suspendeo
               ;
               and
               in
               legall
               understanding
               is
               taken
               when
               a
               Seignory
               ,
               Rent
               ,
               profit
               ,
               apprender
               ,
               by
               reason
               of
               unity
               of
               possession
               
               of
               the
               Seignory
               ,
               Rent
               ,
               &c.
               and
               of
               the
               Land
               out
               of
               which
               they
               issue
               ,
               are
               not
               
                 in
                 esse
              
               ,
               for
               a
               time
               ,
               
                 &
                 tune
                 dormiunt
              
               ,
               but
               may
               be
               revived
               ,
               or
               awaked
               .
               And
               they
               are
               said
               to
               be
               extinguished
               ,
               when
               they
               are
               gone
               for
               ever
               .
               
                 Et
                 tune
                 moriuntur
              
               ,
               and
               can
               never
               be
               revived
               ,
               that
               is
               ,
               when
               one
               man
               hath
               as
               high
               ,
               and
               p●rdurable
               an
               estate
               as
               another
               .
            
          
           
             
               SUIT
               .
            
             
               Suit.
               A
               Wife
               is
               disabled
               to
               sue
               without
               her
               
               Husband
               ,
               as
               much
               as
               a
               Monk
               is
               without
               his
               Sovereign
               .
               But
               by
               the
               Common
               Law
               the
               Wife
               of
               the
               King
               of
               England
               is
               an
               exempt
               person
               from
               the
               King
               ,
               and
               is
               capable
               of
               Lands
               or
               Tenements
               of
               the
               gift
               of
               the
               King
               ,
               as
               no
               other
               Feme
               covert
               is
               ,
               and
               may
               sue
               ,
               and
               be
               sued
               without
               the
               King
               ,
               as
               a
               Feme
               sole
               by
               the
               Common
               Law
               ,
               but
               
               where
               the
               Husband
               is
               banished
               ,
               the
               Wife
               may
               sue
               ,
               and
               be
               sued
               .
            
          
        
         
           
           
             T.
             
          
           
             
               TAILE
               .
            
             
               TAile
               .
               An
               estate
               Tail
               ,
               it
               cometh
               of
               the
               French
               word
               Tailler
               ,
               to
               cut
               ,
               
                 Lit.
                 l.
              
               1.
               
               At
               the
               Common
               Law
               ,
               before
               the
               Statute
               ,
               De
               
               
                 donis
                 conditionalibus
              
               ,
               the
               Donor
               and
               Donee
               had
               possibility
               ,
               the
               Donor
               of
               reverter
               ,
               if
               the
               Donee
               dyed
               without
               issue
               male
               ,
               and
               the
               Donee
               to
               have
               power
               to
               alien
               ,
               if
               he
               had
               issue
               male
               ▪
               
                 potestatem
                 alienandi
                 post
                 prolem
                 suscitatam
              
               .
               Then
               he
               had
               full
               and
               absolute
               fee-simple
               to
               three
               purposes
               :
            
             
               
                 1.
                 
                 To
                 alien
                 .
              
               
                 2.
                 
                 To
                 forfeit
                 by
                 attainder
                 of
                 Felony
                 .
              
               
                 3.
                 
                 To
                 charge
                 with
                 rent
                 common
                 ,
                 &c.
                 a
                 woman
                 being
                 Tenant
                 imspecial
                 tail
                 to
                 her
                 ,
                 and
                 her
                 first
                 Husband
                 ,
                 after
                 issue
                 had
                 by
                 her
                 first
                 ,
                 she
                 had
                 full
                 fee-simple
                 
                 to
                 make
                 the
                 same
                 Land
                 descend
                 to
                 any
                 of
                 her
                 issues
                 by
                 any
                 other
                 Husband
                 .
              
            
             
               An
               annuity
               at
               this
               day
               is
               not
               within
               the
               Statute
               
                 De
                 donis
                 conditionalibus
              
               ,
               because
               it
               is
               
                 nec
                 terre
                 ,
                 nec
                 tenement
              
               ,
               nor
               exercisable
               within
               Land
               Tenement
               ,
               nor
               concerning
               land
               ,
               but
               onely
               a
               meer
               personall
               hereditament
               .
            
             
               To
               estate
               tail
               ,
               it
               is
               requisite
               ,
               that
               the
               Heirs
               be
               
               limited
               to
               be
               procreate
               of
               some
               body
               in
               certain
               ,
               either
               by
               express
               words
               ,
               or
               by
               words
               equivalent
               ;
               for
               the
               precise
               words
               ,
               
                 D●
                 corpore
              
               ,
               are
               not
               alwaies
               necessary
               to
               the
               creation
               of
               an
               estate
               tail
               .
            
             
               If
               Land
               be
               given
               by
               Deed
               to
               
                 I.
                 S.
                 Et
                 si
                 contingat
              
               
               
                 ipsum
                 abire
                 sine
                 hae●ede
                 de
                 corpore
                 suo
                 ,
                 quod
              
               
               
                 tune
                 revertatur
              
               ,
               to
               the
               Donor
               and
               his
               Heirs
               ,
               and
               livery
               of
               seism
               is
               made
               according
               to
               the
               Deed
               ;
               in
               this
               case
               the
               Donee
               hath
               estate
               ,
               notwithstanding
               it
               be
               not
               given
               to
               him
               ,
               and
               his
               heirs
               .
               For
               the
               Stature
               of
               Westminster
               the
               second
               ,
               c.
               1.
               will
               
                 quod
                 voluntas
                 donatoris
                 secundum
                 formam
                 in
                 charta
                 doni
                 sui
                 manifestè
                 expressam
                 ,
                 de
                 caetero
                 observetur
                 .
              
            
             
               If
               Land
               be
               given
               to
               a
               man
               ,
               and
               to
               his
               heirs
               
               males
               ,
               and
               he
               hath
               issue
               male
               ,
               he
               hath
               fee-simple
               ,
               but
               when
               Lands
               be
               given
               to
               a
               man
               ,
               and
               to
               his
               Heirs
               males
               of
               his
               body
               begotten
               ,
               then
               he
               hath
               fee-tail
               .
            
             
               A
               devise
               made
               to
               one
               and
               his
               Heirs
               males
               ,
               makes
               an
               estate
               tail
               ,
               it
               being
               supposed
               that
               the
               Testator
               was
               
                 inops
                 conci●ii
              
               ,
               in
               making
               his
               Will
               ,
               and
               therefore
               his
               intent
               shall
               be
               taken
               .
            
             
               The
               King
               conveyes
               Land
               to
               a
               man
               and
               his
               heirs
               
               males
               ,
               his
               estate
               is
               void
               because
               the
               King
               is
               deceived
               .
            
             
               If
               Lands
               be
               given
               to
               a
               man
               ,
               and
               to
               his
               heirs
               
               which
               he
               shall
               beget
               of
               his
               Wife
               ,
               or
               to
               a
               man
               ,
               
                 Et
                 haeredibus
                 de
                 carne
                 sua
              
               ,
               or
               to
               a
               man
               ,
               
                 Et
                 haeredibus
                 de
                 se
              
               ,
               this
               is
               an
               estate
               tail
               .
            
             
               This
               word
               may
               in
               many
               cases
               be
               omitted
               ,
               or
               expressed
               
               by
               the
               like
               ,
               and
               yet
               the
               state
               in
               tail
               is
               good
               ,
               as
               
                 Haeredibus
                 de
                 carne
                 ,
                 haeredibus
                 de
                 se
                 haeredibus
                 quos
                 sibi
                 contigerit
                 ,
              
               &c.
               if
               the
               word
               be
               procreandis
               ,
               or
               
                 quos
                 procreaverit
              
               ,
               the
               estate
               in
               tail
               is
               good
               ;
               and
               as
               procreatis
               shall
               extend
               to
               the
               issue
               ;
               begotten
               before
               ,
               so
               procreandis
               shall
               extend
               to
               the
               issues
               begotten
               afterwards
               .
            
             
               If
               Lands
               be
               given
               to
               a
               man
               and
               a
               woman
               unmarried
               ,
               and
               the
               heris
               of
               their
               two
               bodies
               ,
               for
               the
               apparent
               possibility
               to
               marry
               ,
               they
               have
               an
               estate
               
               tail
               in
               them
               presently
               .
            
          
           
             
             
               TAIL
               .
            
             
               
                 Tail
                 after
                 possibility
              
               .
               To
               hold
               in
               the
               tail
               after
               
               possibility
               of
               issue
               extinct
               ,
               is
               where
               land
               is
               given
               to
               a
               man
               ,
               and
               to
               his
               Wife
               ,
               and
               to
               the
               heirs
               of
               their
               two
               bodies
               engendred
               ,
               and
               one
               of
               them
               overliveth
               the
               other
               without
               issue
               between
               them
               begotten
               ,
               he
               shall
               hold
               the
               Land
               for
               term
               of
               his
               own
               life
               ,
               as
               Tenant
               in
               tail
               after
               possibility
               of
               issue
               extinct
               .
            
             
               This
               Tenant
               hath
               seven
               qualities
               and
               priviledges
               which
               Tenant
               in
               tail
               himself
               hath
               ,
               and
               which
               Lessee
               for
               life
               hath
               not
               .
               As
            
             
               
                 1.
                 
                 He
                 is
                 not
                 punishable
                 for
                 wast
                 .
              
               
                 2.
                 
                 He
                 shall
                 not
                 be
                 compelled
                 to
                 attor●
                 .
              
               
                 3.
                 
                 He
                 shall
                 not
                 have
                 aid
                 of
                 him
                 in
                 the
                 reversion
                 .
              
               
                 4.
                 
                 Upon
                 his
                 alienation
                 ,
                 no
                 Writ
                 of
                 entry
                 
                   in
                   consimili
                   casu
                
                 lieth
                 .
              
               
                 5.
                 
                 After
                 his
                 death
                 ,
                 no
                 Writ
                 of
                 Intrusion
                 doth
                 lie
                 .
              
               
                 6.
                 
                 In
                 a
                 praecipe
                 brought
                 by
                 him
                 ,
                 he
                 shall
                 not
                 name
                 himself
                 Tenant
                 for
                 life
                 .
              
               
                 7.
                 
                 In
                 a
                 praecipe
                 brought
                 against
                 him
                 ,
                 he
                 shall
                 not
                 be
                 named
                 barely
                 Tenant
                 for
                 life
                 .
              
            
             
               And
               yet
               he
               hath
               other
               qualities
               which
               are
               not
               agreeable
               to
               an
               estate
               in
               tail
               ,
               but
               to
               a
               bare
               Lessee
               for
               life
               .
            
             
               
                 1.
                 
                 If
                 he
                 make
                 a
                 feoffment
                 in
                 fee
                 ,
                 this
                 is
                 a
                 forfeiture
                 of
                 his
                 estate
                 .
              
               
                 2.
                 
                 If
                 an
                 estate
                 in
                 fee
                 ,
                 or
                 in
                 fee
                 tail
                 ,
                 in
                 reversion
                 or
                 remainder
                 descend
                 ,
                 or
                 come
                 to
                 this
                 Tenant
                 ,
                 his
                 estate
                 is
                 drowned
                 ,
                 and
                 the
                 fee
                 ,
                 or
                 fee-tail
                 executed
                 .
              
               
                 3.
                 
                 He
                 in
                 the
                 Reversion
                 or
                 remainder
                 shall
                 be
                 received
                 upon
                 his
                 default
                 ,
                 as
                 well
                 as
                 bare
                 Tenant
                 for
                 life
                 .
              
               
                 
                 4.
                 
                 An
                 exchange
                 between
                 a
                 bare
                 Tenant
                 for
                 life
                 and
                 him
                 is
                 good
                 ,
                 for
                 their
                 estates
                 in
                 respect
                 of
                 
                 the
                 quantity
                 are
                 equall
                 ,
                 so
                 as
                 the
                 difference
                 standeth
                 in
                 the
                 quality
                 and
                 not
                 in
                 the
                 quantity
                 of
                 the
                 estate
                 ,
                 And
                 as
                 the
                 estate
                 tail
                 was
                 originally
                 carved
                 out
                 of
                 a
                 Free-simple
                 ,
                 so
                 is
                 the
                 estate
                 of
                 his
                 Tenant
                 out
                 of
                 an
                 estate
                 in
                 speciall
                 tail
                 ;
                 and
                 he
                 is
                 called
                 Tenant
                 in
                 tail
                 after
                 possibility
                 of
                 issue
                 extinct
                 ,
                 because
                 by
                 no
                 possibility
                 he
                 can
                 have
                 any
                 issue
                 inheritable
                 to
                 the
                 same
                 estate
                 tail
                 .
                 But
                 if
                 a
                 man
                 giveth
                 Land
                 to
                 a
                 man
                 and
                 his
                 Wife
                 ,
                 and
                 to
                 the
                 heirs
                 of
                 their
                 two
                 bodies
                 ,
                 and
                 they
                 live
                 till
                 each
                 of
                 them
                 be
                 an
                 hundred
                 years
                 old
                 ,
                 and
                 have
                 no
                 issue
                 ,
                 yet
                 do
                 they
                 continue
                 Tenants
                 in
                 tail
                 ,
                 for
                 the
                 Law
                 seeth
                 no
                 impossibility
                 of
                 having
                 children
                 .
              
            
          
           
             
               TALLAGE
               .
            
             
               
                 Tallage
                 .
                 Tallagium
              
               ,
               or
               Talagium
               cometh
               of
               the
               French
               word
               Tailer
               ,
               to
               share
               or
               cut
               out
               a
               part
               ,
               and
               metaphorically
               is
               taken
               when
               the
               King
               or
               any
               other
               hath
               a
               share
               or
               part
               of
               the
               value
               of
               a
               mans
               goods
               or
               Chattels
               ,
               or
               a
               share
               or
               part
               of
               the
               annual
               revenue
               of
               his
               Lands
               ,
               or
               puts
               any
               charge
               or
               burden
               upon
               another
               .
            
             
               It
               is
               a
               generall
               word
               ,
               and
               doth
               include
               all
               Subsidies
               ,
               Taxes
               ,
               Tenths
               ,
               Fifteens
               ,
               Impositions
               or
               other
               charge
               put
               or
               set
               upon
               any
               man.
               
               Cook
               's
               
                 ad
                 part
                 of
                 Insti●
              
               .
            
          
           
             
               TENEMENT
               .
            
             
               Tenement
               ,
               is
               the
               same
               with
               us
               that
               
                 praedium
                 ur●anum
              
               is
               with
               the
               Civilians
               ,
               it
               includeth
               not
               only
               
               all
               corporate
               Inheritances
               ,
               which
               are
               or
               may
               be
               holden
               ,
               but
               also
               all
               Inheritance
               issuing
               out
               of
               any
               of
               those
               Inheritances
               ,
               or
               concerning
               or
               annexed
               to
               ,
               or
               exercisable
               within
               the
               same
               ,
               though
               they
               
               lie
               not
               in
               tenure
               ▪
               ,
               therefore
               all
               these
               without
               question
               may
               be
               intailed
               ,
               as
               Rents
               ,
               Estoures
               ,
               Commons
               ,
               or
               other
               profits
               whatsoever
               granted
               out
               of
               the
               Land.
               
            
          
           
             
               TENURE
               .
            
             
               Tenure
               ,
               there
               is
               a
               Tenure
               in
               England
               ,
               where
               
               the
               Tenant
               maketh
               proffer
               of
               a
               Present
               to
               the
               Landlord
               ,
               but
               delivereth
               it
               not
               ,
               that
               the
               chief
               Lord
               may
               say
               unto
               him
               ,
               I
               thank
               you
               for
               nothing
               .
            
          
           
             
               TESTAMENT
               .
            
             
               Testament
               ,
               The
               making
               of
               a
               Testament
               hath
               three
               parts
               .
            
             
               
                 1.
                 
                 Inception
                 ,
                 which
                 is
                 the
                 writing
                 of
                 the
                 Testament
                 .
              
               
                 2.
                 
                 Progression
                 ,
                 which
                 is
                 the
                 publication
                 of
                 it
                 .
              
               
                 3.
                 
                 And
                 consummation
                 ,
                 which
                 is
                 the
                 death
                 of
                 the
                 party
                 .
              
            
             
               
                 Testamentum
                 est
                 duplex
              
               .
            
             
               
                 1.
                 
                 
                   In
                   scriptis
                
                 ,
                 written
                 ,
                 which
                 at
                 the
                 time
                 of
                 making
                 ,
                 
                 is
                 put
                 in
                 writing
                 .
              
               
                 2.
                 
                 
                   Nuncupativum
                   ,
                   seu
                   sine
                   scriptis
                
                 ,
                 when
                 the
                 Testator
                 doth
                 by
                 word
                 only
                 declare
                 his
                 will
                 before
                 witnesses
                 .
                 And
                 in
                 some
                 Cities
                 ,
                 or
                 Boroughs
                 ,
                 Lands
                 may
                 pass
                 ,
                 as
                 Chattels
                 by
                 will
                 ,
                 nuncupative
                 or
                 paroll
                 ,
                 without
                 writing
                 ,
                 but
                 in
                 Law
                 most
                 commonly
                 
                   ultima
                   voluntas
                   in
                   scriptis
                
                 is
                 used
                 where
                 Lands
                 or
                 Tenements
                 are
                 devised
                 ,
                 and
                 Testamentum
                 ,
                 where
                 it
                 concerneth
                 cha●tels
                 .
              
            
             
               Testamentum
               is
               
                 testatio
                 mentis
              
               ,
               and
               is
               favourably
               
               to
               be
               expounded
               ,
               according
               to
               the
               meaning
               of
               the
               Testator
               .
            
             
               The
               first
               Grant
               and
               the
               last
               Will
               is
               of
               greatest
               force
               .
               
                 Cook
                 on
                 Littleton
                 ibidem
                 ,
                 sect
                 .
              
               168.
               
            
             
               A
               Testament
               is
               defined
               
                 voluntatis
                 nostrae
                 justa
                 sententia
                 de
                 eo
                 quod
                 quis
                 post
                 mortem
                 suam
                 fieri
                 velit
                 ,
                 cum
                 executoris
                 institutione
                 ,
              
               a
               declaration
               of
               our
               mind
               concerning
               that
               which
               we
               would
               have
               done
               after
               our
               deaths
               ,
               with
               the
               ordaining
               of
               an
               executor
               thereof
               .
               
                 Wests
                 Presidents
              
               .
            
             
               Every
               Testament
               is
               a
               last
               Will
               ,
               but
               every
               last
               Will
               is
               not
               a
               Testament
               ,
               a
               Testament
               is
               one
               kind
               of
               last
               Will
               ,
               wherein
               the
               Executor
               is
               named
               ,
               who
               is
               called
               haeres
               in
               the
               Civil
               Law.
               
            
             
               Testaments
               ought
               to
               be
               proved
               before
               the
               Ordinary
               ,
               unless
               it
               be
               in
               special
               Cases
               ,
               where
               the
               Lords
               have
               probate
               of
               the
               Testaments
               of
               their
               
               Tenants
               ,
               before
               the
               Stewards
               ,
               or
               themselves
               in
               their
               temporall
               Courts
               .
            
             
               A
               Testament
               proved
               before
               the
               Bishop
               himself
               of
               the
               same
               Diocess
               where
               the
               party
               dies
               is
               good
               ,
               if
               he
               have
               not
               goods
               and
               chat●els
               to
               the
               value
               of
               fourty
               Shillings
               in
               any
               other
               Diocess
               ,
               for
               then
               it
               ought
               to
               be
               proved
               in
               the
               Prerogative
               Court
               ,
               where
               one
               hath
               Goods
               only
               in
               an
               inferiour
               Diocess
               ,
               but
               the
               Metropolitane
               of
               the
               same
               Province
               pretending
               that
               he
               had
               
                 bona
                 notabilia
              
               in
               divers
               Diocesses
               ,
               commits
               administration
               ,
               this
               administration
               is
               not
               void
               ,
               but
               voidable
               by
               sentence
               ,
               
               because
               the
               Metropolitane
               hath
               jurisdiction
               over
               all
               Diocesses
               within
               his
               Province
               ,
               but
               if
               an
               Ordinary
               of
               a
               Diocess
               commit
               administration
               of
               goods
               ,
               when
               the
               party
               hath
               
                 bona
                 notabilia
              
               in
               divers
               Diocesses
               ,
               such
               administration
               is
               meerly
               void
               ,
               as
               well
               for
               the
               goods
               within
               his
               own
               Diocess
               ,
               as
               else-where
               ,
               because
               that
               by
               no
               means
               he
               may
               have
               jurisdiction
               of
               the
               cause
               .
               What
               is
               meant
               by
               
               noble
               goods
               ,
               divers
               Authours
               have
               been
               of
               divers
               opinions
               .
               Some
               have
               been
               of
               this
               opinion
               ,
               that
               
               if
               the
               Testato
               .
               ●ie
               possessed
               of
               goods
               or
               chat●els
               to
               the
               value
               of
               sorry
               Shillings
               in
               two
               severall
               Diocesses
               ,
               then
               he
               ought
               to
               be
               deemed
               to
               have
               notable
               goods
               ,
               others
               have
               been
               of
               this
               mind
               ,
               that
               the
               testator
               is
               deemed
               to
               have
               notable
               goods
               ,
               
               though
               at
               the
               time
               of
               his
               death
               he
               had
               but
               one
               penny
               in
               another
               Diocess
               .
               Others
               are
               of
               this
               judgment
               ,
               that
               he
               is
               said
               to
               have
               notable
               goods
               ,
               which
               hath
               goods
               to
               the
               value
               of
               ten
               pounds
               of
               currant
               Money
               of
               England
               ,
               dispersed
               in
               divers
               Diocesses
               or
               jurisdictions
               ,
               this
               opinion
               seemeth
               best
               to
               some
               .
            
             
               When
               the
               Testator
               doth
               in
               the
               former
               part
               of
               his
               will
               devise
               his
               Lands
               in
               such
               a
               place
               to
               one
               in
               
               Fee
               ,
               and
               after
               in
               the
               latter
               part
               of
               the
               same
               will
               to
               another
               person
               in
               Fee
               ,
               it
               seemeth
               by
               the
               Laws
               of
               the
               Realm
               ,
               that
               the
               latter
               part
               doth
               overthrow
               the
               former
               .
            
             
               It
               is
               not
               sufficient
               by
               the
               Law
               ,
               that
               the
               Testator
               be
               of
               memory
               ,
               when
               he
               maketh
               his
               will
               ,
               to
               answer
               to
               familiar
               and
               usefull
               questions
               ,
               but
               he
               
               ought
               to
               have
               a
               disposing
               memory
               ,
               so
               that
               he
               be
               able
               to
               make
               a
               disposition
               of
               his
               Lands
               with
               understanding
               and
               reason
               ,
               which
               memory
               the
               Law
               calls
               a
               sound
               and
               per●ect
               memory
               .
            
             
               If
               the
               Writer
               being
               skilfull
               in
               the
               Law
               ,
               do
               only
               take
               notes
               from
               the
               mouth
               o●
               the
               deceased
               ,
               of
               his
               last
               will
               for
               the
               devi●e
               o●
               L●n●s
               ,
               tenements
               and
               hereditaments
               ,
               and
               after
               wards
               write
               the
               same
               ,
               but
               before
               it
               be
               shewed
               to
               the
               T
               〈…〉
               ,
               he
               depart
               this
               life
               ,
               yet
               this
               is
               sufficient
               ●or
               a
               will
               in
               w●iting
               for
               the
               conveyance
               of
               Land
               ,
               tenements
               ,
               and
               hereditaments
               ,
               whereof
               such
               notes
               were
               taken
               .
            
             
               It
               is
               called
               
                 nuncupative
                 à
                 nun●●●and●
                 ,
                 id
                 est
              
            
             
             
               ●rninando
               ,
               because
               a
               man
               must
               name
               his
               Executor
               ,
               and
               declare
               his
               own
               mind
               before
               witnesses
               .
               It
               is
               of
               as
               great
               force
               and
               efficacy
               (
               except
               for
               lands
               ,
               Tenements
               ,
               and
               Hereditaments
               )
               as
               a
               written
               
               Testament
               .
               This
               kind
               of
               Testament
               is
               commonly
               made
               when
               the
               testator
               is
               now
               very
               sick
               ,
               weak
               ,
               and
               past
               all
               hope
               of
               recovery
               .
            
             
               These
               persons
               following
               cannot
               make
               a
               testament
               ,
               or
               dispose
               of
               their
               goods
               and
               chattels
               .
            
             
               
                 1.
                 
                 Such
                 as
                 want
                 discretion
                 ,
                 as
                 children
                 ,
                 mad
                 fokls
                 ,
                 and
                 ideots
                 .
              
               
                 2.
                 
                 Such
                 as
                 lack
                 freedom
                 and
                 full
                 liberty
                 ,
                 as
                 bondslaves
                 and
                 villains
                 ,
                 captives
                 and
                 women
                 covert
                 .
              
               
                 3.
                 
                 Such
                 as
                 lack
                 some
                 of
                 their
                 principal
                 senses
                 ,
                 viz.
                 such
                 as
                 be
                 dumb
                 ,
                 deaf
                 ,
                 and
                 blind
                 .
              
               
                 4.
                 
                 Such
                 as
                 have
                 committed
                 some
                 hainous
                 crimes
                 ,
                 as
                 traytors
                 ,
                 felons
                 ,
                 hereticks
                 ,
                 apostates
                 .
              
            
             
               Wills
               or
               Testaments
               made
               of
               any
               Mannours
               ,
               Lands
               ,
               or
               Tenements
               ,
               or
               other
               hereditaments
               ,
               by
               any
               person
               within
               the
               age
               of
               twenty
               one
               years
               ,
               are
               
               not
               good
               or
               effectual
               in
               Law
               ,
               for
               untill
               that
               time
               by
               the
               Common
               Laws
               of
               this
               Realm
               they
               be
               accounted
               Infants
               ,
               howbeit
               a
               boy
               after
               the
               age
               of
               fourteen
               years
               ,
               and
               a
               wench
               after
               the
               age
               of
               twelve
               may
               make
               a
               Testament
               ,
               and
               dispose
               of
               their
               goods
               and
               ●hattels
               .
            
             
               If
               mad
               persons
               make
               their
               Testaments
               when
               they
               have
               clear
               or
               calm
               intermissions
               ,
               it
               is
               good
               .
               See
               Cooks
               6
               Rep.
               in
               
                 Pawlets
                 case
              
               .
            
             
               By
               the
               opinion
               of
               divers
               Justices
               of
               this
               Realm
               ,
               
               and
               Doctors
               of
               the
               Canon
               and
               Civil
               Law
               ,
               the
               goods
               of
               this
               Realm
               ,
               that
               is
               ,
               of
               the
               antient
               Crown
               and
               Jewels
               cannot
               be
               disposed
               by
               will.
               
            
          
           
             
             
               TILLAGE
               .
            
             
               Tillage
               .
               Agriculture
               or
               tillage
               is
               of
               great
               account
               in
               Law
               ,
               as
               very
               profitable
               for
               the
               Common-wealth
               ,
               the
               Common
               Law
               giveth
               arable
               Land
               
               the
               preheminence
               and
               precedency
               before
               Meadows
               ,
               Pastures
               ,
               Woods
               ,
               Mines
               ,
               and
               all
               other
               ground
               whatsoever
               .
               By
               laying
               of
               Lands
               used
               in
               tillage
               to
               Pasture
               ,
               six
               main
               inconveniences
               do
               daily
               increase
               .
            
             
               
                 1.
                 
                 Idleness
                 ,
                 which
                 is
                 the
                 ground
                 and
                 beginning
                 of
                 all
                 mischief
                 .
              
               
                 2.
                 
                 Depopulation
                 and
                 decay
                 of
                 Towns
                 ,
                 for
                 where
                 in
                 some
                 Towns
                 two
                 hundred
                 persons
                 were
                 occupied
                 and
                 lived
                 in
                 their
                 lawfull
                 labours
                 ,
                 by
                 converting
                 of
                 tillage
                 into
                 Pasture
                 ,
                 onely
                 two
                 or
                 three
                 Herdmen
                 are
                 maintained
                 .
              
               
                 3.
                 
                 Husbandry
                 is
                 decayed
                 .
              
               
                 4.
                 
                 Churches
                 are
                 destroyed
                 ,
                 and
                 the
                 service
                 of
                 God
                 neglected
                 by
                 diminution
                 of
                 Church
                 Livings
                 .
              
               
                 5.
                 
                 Injury
                 and
                 wrong
                 done
                 to
                 Patrons
                 and
                 Gods
                 Ministers
                 .
              
               
                 6.
                 
                 The
                 defence
                 of
                 the
                 Land
                 against
                 forreign
                 enemies
                 ,
                 enseebled
                 and
                 empaired
                 ,
                 the
                 bodies
                 of
                 Husbandmen
                 being
                 more
                 strong
                 and
                 able
                 ,
                 and
                 patient
                 of
                 cold
                 ,
                 heat
                 ,
                 and
                 hunger
                 ,
                 then
                 of
                 any
                 other
                 .
              
            
          
           
             
               TITLE
               .
            
             
               Title
               ,
               properly
               (
               as
               some
               say
               )
               is
               when
               a
               man
               hath
               a
               lawfull
               cause
               of
               entry
               into
               Lands
               whereof
               another
               is
               seized
               ,
               for
               the
               which
               he
               can
               have
               no
               action
               ,
               as
               title
               of
               condition
               ,
               title
               of
               Mortmain
               ▪
               But
               legally
               this
               word
               (
               Title
               )
               includeth
               a
               right
               also
               ,
               and
               title
               is
               the
               more
               generall
               word
               ,
               for
               every
               right
               is
               a
               title
               ,
               but
               every
               title
               is
               not
               such
               a
               right
               for
               which
               an
               action
               lieth
               ,
               and
               therefore
               titulus
               
               
                 est
                 justa
                 causa
                 possidendi
                 ,
                 q●od
                 nostrum
                 est
                 ,
              
               and
               signifieth
               the
               means
               whereby
               a
               man
               cometh
               to
               Land
               ,
               as
               his
               title
               is
               by
               fine
               ,
               or
               by
               scoffment
               ,
               
                 &
                 dicitur
                 titulus
                 à
                 tuendo
              
               ,
               because
               by
               it
               he
               holdeth
               ,
               and
               defendeth
               his
               Land
               ,
               and
               as
               by
               a
               release
               of
               a
               right
               a
               title
               is
               released
               ,
               so
               by
               release
               of
               a
               title
               ,
               a
               right
               is
               released
               also
               but
               title
               in
               a
               proper
               and
               
               strict
               significati●n
               ,
               is
               taken
               for
               a
               right
               of
               Entry
               ,
               where
               a
               man
               can
               have
               no
               action
               ,
               as
               to
               enter
               for
               condition
               broken
               ,
               or
               alienation
               in
               Mortmain
               .
            
          
           
             
               TOLT
               .
            
             
               Tolt
               ,
               It
               is
               so
               called
               because
               it
               doth
               tollere
               
               ●●quelam
               from
               the
               Court
               Baron
               to
               the
               County
               Court.
               
            
          
           
             
               TOWN
               .
            
             
               Town
               ,
               If
               a
               Town
               be
               decayed
               ,
               so
               as
               no
               honses
               ●emain
               ,
               yet
               it
               is
               a
               Town
               in
               Law.
               It
               cannot
               be
               a
               Town
               in
               Law
               ,
               unless
               it
               hath
               ,
               or
               in
               times
               past
               had
               ●
               Church
               ,
               and
               celebration
               of
               Divine
               Service
               ,
               Sa●raments
               and
               Burials
               .
            
             
               It
               appeareth
               by
               Littleton
               ,
               that
               a
               Town
               is
               a
               ●●nus
               ,
               and
               a
               Borough
               is
               the
               -
               species
               ,
               for
               he
               saith
               ,
               ●hat
               every
               Borough
               is
               a
               Town
               ,
               but
               every
               Town
               is
               ●ot
               a
               Borough
               .
               There
               be
               in
               England
               and
               Wales
               ,
               ●ight
               thousand
               ,
               eight
               hun●red
               and
               three
               Towns
               ,
               〈…〉
               thereabouts
               .
            
          
           
             
               TRESPASS
               .
            
             
               Trespass
               .
               The
               Law
               adjudgeth
               every
               tres●ass
               to
               be
               done
               with
               force
               and
               arms
               ,
               therefore
               ●e
               Plaintiff
               ,
               that
               saith
               the
               Defendant
               took
               his
               ●orse
               with
               force
               and
               arms
               ,
               (
               though
               he
               came
               with●ut
               weapon
               )
               saith
               truly
               that
               he
               took
               him
               with
               〈…〉
               rce
               ,
               as
               the
               Law
               meaneth
               force
               .
               
                 Dr.
                 and
                 Stu●ent
                 cap.
              
               14.
               
            
             
               If
               
                 vi
                 &
                 armis
              
               be
               not
               in
               the
               Writ
               ,
               it
               shall
               abate
               ,
               
                 〈…〉
                 itz
                 .
                 nat
                 .
                 brev
                 .
              
            
             
             
               The
               Law
               accounteth
               all
               to
               be
               vis
               ,
               which
               is
               contrary
               to
               Ius
               .
               If
               I
               do
               but
               hawk
               or
               walk
               for
               my
               pastime
               or
               recreation
               over
               another
               mans
               ground
               ,
               he
               may
               have
               his
               action
               of
               trespass
               against
               me
               ,
               
                 quare
                 vi
                 &
                 armis
              
               ,
               for
               though
               I
               meant
               no
               harm
               to
               him
               or
               his
               ,
               yet
               I
               might
               not
               pass
               upon
               his
               grouad
               without
               Licence
               .
            
             
               The
               form
               of
               a
               Writ
               for
               living
               things
               ,
               as
               Horses
               ,
               
               is
               
                 coeperunt
                 &
                 abduxerunt
              
               ,
               for
               a
               dead
               thing
               ,
               
                 coeperunt
                 &
                 asportaverunt
              
               .
            
          
           
             
               TRAVERSE
               .
            
             
               Traverse
               ,
               It
               took
               the
               name
               of
               the
               French
               
                 d●
                 traverse
              
               ,
               which
               is
               no
               other
               then
               
                 de
                 traverse
              
               in
               Latin
               signifying
               ,
               
                 on
                 the
                 other
                 side
              
               ,
               because
               as
               the
               indictment
               on
               the
               one
               side
               chargeth
               the
               party
               ,
               so
               he
               on
               the
               other
               side
               cometh
               in
               to
               discharge
               himself
               .
            
             
               Traversing
               of
               an
               Endictment
               is
               to
               take
               issue
               upon
               the
               chief
               matter
               thereof
               ,
               which
               is
               to
               make
               contradiction
               ,
               or
               to
               deny
               the
               point
               of
               the
               indictmen●
            
          
           
             
               TREASON
               .
            
             
               Treason
               ,
               is
               derived
               from
               (
               trahir
               )
               which
               i●
               treacherously
               to
               betray
               ,
               
                 Trahison
                 ,
                 per
                 contracti●nem
                 ;
                 Treason
                 ,
              
               if
               a
               man
               be
               arraigned
               for
               high
               treason
               ,
               and
               stands
               mute
               ,
               or
               will
               not
               directly
               answe●
               
               to
               the
               crime
               ,
               judgment
               shall
               be
               given
               upon
               him
               a●
               upon
               a
               traytor
               convict
               .
               
                 Fatetur
                 facinus
                 qui
                 judicium
                 fugit
              
               .
            
             
               If
               a
               servant
               hath
               an
               intent
               to
               kill
               his
               Master
               and
               before
               execution
               of
               his
               intent
               depart
               out
               o●
               service
               ,
               and
               being
               out
               of
               service
               ,
               executeth
               his
               intent
               ,
               and
               killeth
               him
               which
               was
               his
               Master
               :
               th●
               is
               petty-treason
               ,
               for
               the
               execution
               respects
               the
               original
               
               cause
               ,
               which
               was
               malice
               conceived
               ,
               wh●●
               he
               was
               servant
               .
            
             
             
               In
               Treason
               concealment
               is
               as
               capitall
               as
               the
               practice
               .
               Here
               are
               no
               accessaries
               ,
               all
               are
               in
               a
               like
               predicament
               of
               offence
               and
               danger
               of
               Law
               ,
               
                 in
                 majori
                 proditione
                 omnes
                 sunt
                 principales
                 .
              
            
             
               It
               is
               either
               High
               ,
               or
               Petty-Treason
               :
               It
               is
               called
               
               High
               in
               respect
               of
               the
               King
               which
               is
               the
               highest
               person
               ;
               Petty
               in
               regard
               of
               the
               inferiority
               of
               the
               persons
               against
               whom
               it
               is
               committed
               .
               
                 Voluntas
                 non
                 reputabitur
                 pro
                 facto
                 nisi
                 in
                 causa
                 proditio●is
                 .
              
               To
               intend
               ,
               or
               imagine
               the
               death
               of
               the
               King
               or
               Queen
               ,
               though
               it
               be
               not
               effected
               ,
               yet
               if
               this
               be
               declared
               by
               an
               open
               act
               ,
               or
               uttered
               by
               words
               ,
               or
               Letters
               ,
               it
               is
               Treason
               .
            
             
               A
               man
               that
               is
               a
               traytor
               convicted
               and
               attainted
               ,
               hath
               his
               Judgment
               to
               be
               drawn
               upon
               a
               Hurdle
               from
               his
               Prison
               to
               the
               place
               of
               Execution
               ,
               as
               being
               
               unworthy
               to
               tread
               any
               more
               upon
               Mother
               Earth
               ,
               and
               that
               backward
               ,
               with
               his
               Head
               down-ward
               ,
               for
               that
               he
               hath
               been
               retrograde
               to
               naturall
               courses
               ;
               after
               hanged
               up
               by
               the
               neck
               between
               Heaven
               and
               Earth
               ,
               as
               deemed
               unworthy
               of
               both
               ;
               his
               Privy
               parts
               are
               cut
               off
               ,
               as
               being
               unprofitably
               begotten
               ,
               and
               unfit
               to
               leave
               any
               generation
               after
               him
               ;
               his
               Bowels
               and
               Intrals
               burned
               ,
               which
               inwardly
               had
               conceived
               and
               concealed
               such
               horrible
               Treason
               ;
               then
               his
               Head
               cut
               off
               ,
               that
               imagined
               the
               mischief
               .
            
             
               
                 Petty
                 Treason
              
               is
               a
               killing
               of
               any
               to
               whom
               pri●ate
               
               obedience
               is
               due
               ;
               as
               for
               a
               servant
               to
               kill
               his
               Master
               or
               Mistriss
               ,
               a
               Wife
               her
               Husband
               ,
               a
               Child
               her
               Father
               or
               Mother
               ;
               a
               Clerk
               his
               Ordinary
               ,
               to
               whom
               he
               oweth
               Canonicall
               obedi●nce
               .
            
             
               If
               a
               Servant
               procure
               another
               to
               kill
               his
               Master
               ,
               and
               he
               kill
               him
               in
               his
               Servants
               presence
               ,
               this
               is
               Pet●y
               Treason
               in
               the
               Servant
               ,
               and
               murder
               in
               the
               ●ther
               ;
               but
               if
               it
               be
               in
               his
               absence
               ,
               the
               Servant
               is
               
               only
               accessary
               to
               the
               murder
               ,
               because
               the
               principall
               is
               not
               a
               Traytor
               ,
               and
               the
               accessary
               shall
               not
               b●
               in
               worse
               condition
               then
               the
               principall
               .
            
             
               A
               maid
               conspired
               with
               a
               stranger
               to
               rob
               her
               Mistress
               ,
               and
               in
               the
               night
               time
               lethim
               in
               at
               the
               door
               ,
               
               and
               led
               him
               to
               her
               Mistress
               bed
               with
               a
               Candle
               ,
               and
               the
               stranger
               kill'd
               her
               ,
               the
               servant
               saying
               ,
               or
               doing
               nothing
               ,
               but
               holding
               the
               Candle
               ,
               this
               was
               petty
               Treason
               in
               her
               .
            
          
           
             
               TREASURE
               .
            
             
               Treasure
               ,
               the
               Kings
               Treasure
               is
               the
               sinews
               of
               
               War
               ,
               and
               the
               Honour
               and
               safety
               of
               the
               King
               in
               time
               of
               Peace
               ,
               
                 Firmamentum
                 belli
                 &
                 ornamentum
                 pacis
              
               .
            
             
               If
               any
               Mine
               or
               Metall
               be
               found
               in
               any
               ground
               ,
               that
               alway
               pertaineth
               to
               the
               Lord
               of
               the
               soil
               ,
               except
               
               it
               be
               a
               Mine
               of
               Gold
               or
               Silver
               ,
               which
               shall
               be
               alway
               to
               the
               King
               ,
               in
               whose
               ground
               soever
               they
               be
               found
               .
            
             
               Our
               Law
               saith
               ,
               
                 Quod
                 thesaurus
                 competit
                 Domi●●
              
               
               
                 Regi
                 ,
                 &
                 non
                 domino
                 libertatis
                 ,
                 si
                 non
                 sit
                 per
                 ver●●
                 specialia
                 ,
                 ut
                 per
                 praescriptionem
                 .
              
            
             
               Oars
               of
               Gold
               and
               Silver
               belong
               to
               the
               King
               by
               his
               Prerogative
               ,
               but
               not
               Treasure
               found
               ,
               for
               they
               
               are
               called
               
                 Thesauri
                 in
                 terra
              
               ,
               and
               not
               
                 de
                 terra
              
               Treasures
               hid
               in
               the
               Earth
               ;
               as
               when
               any
               Money
               Gold
               ,
               Silver
               ,
               Plate
               ,
               bullion
               is
               found
               in
               any
               place
               ,
               and
               no
               man
               knoweth
               in
               whom
               the
               property
               is
               ,
               the
               Law
               bestoweth
               it
               upon
               the
               King
               ,
               and
               it
               becometh
               
                 re
                 fiscalis
              
               ,
               parcell
               of
               the
               Treasure
               Royall
               .
            
          
           
             
               TRIALL
               .
            
             
               Triall
               .
               If
               the
               triall
               be
               of
               an
               alien
               born
               (
               for
               selon●
               or
               murder
               committed
               by
               him
               )
               the
               Jury
               shall
               b●
               
                 de
                 medi●tate
                 linguae
              
               ,
               that
               is
               ,
               half
               of
               one
               Natio
               ,
               an●
               half
               of
               Strangers
               ,
               except
               it
               be
               in
               the
               case
               of
               a
               
               Scot
               ,
               whose
               Jury
               shall
               be
               altogether
               English
               ,
               be
               
               cause
               both
               he
               speaks
               our
               language
               ,
               and
               is
               reputed
               a
               Subject
               .
            
             
               In
               Ianuary
               38.
               
               H.
               8.
               
               
                 Henry
                 Howard
              
               ,
               Earl
               of
               Surrey
               ,
               Son
               and
               Heir
               apparent
               to
               Thomas
               ,
               Duke
               of
               Norfolk
               ,
               was
               attainted
               of
               High
               Treason
               ,
               for
               joyning
               the
               Armes
               of
               England
               to
               his
               own
               ,
               and
               he
               was
               tryed
               by
               Knights
               and
               Gentlemen
               ,
               and
               not
               
                 per
                 Dominos
                 ●ec
                 per
                 pares
                 Regni
                 ,
              
               because
               he
               was
               not
               Earl
               by
               creation
               ,
               but
               by
               nativity
               ,
               as
               Heir
               apparent
               to
               the
               Duke
               ,
               which
               is
               not
               a
               dignity
               in
               the
               Law
               ;
               for
               if
               he
               had
               had
               the
               dignity
               by
               creation
               ,
               and
               had
               been
               Lord
               of
               Parliament
               ,
               he
               should
               have
               been
               tryed
               by
               his
               Peers
               .
            
             
               In
               such
               a
               Triall
               
                 per
                 pares
              
               ,
               the
               Lords
               shall
               not
               be
               sworn
               ,
               and
               every
               one
               shall
               give
               his
               Verdict
               by
               himself
               ,
               and
               if
               the
               greater
               number
               agree
               ,
               it
               is
               sufficient
               .
               A
               Lord
               which
               is
               a
               Peer
               of
               the
               Realm
               
               shall
               not
               be
               tryed
               
                 per
                 pares
                 suos
              
               ,
               in
               an
               appeal
               ,
               but
               in
               an
               Indictment
               at
               the
               suit
               of
               the
               King.
               
            
             
               It
               is
               a
               maxim
               in
               the
               Law
               ,
               
                 Quod
                 ibi
                 semper
                 fieri
                 debet
                 triatio
                 ,
                 ubi
                 juratores
                 meliorem
                 possunt
                 habere
                 notitiam
                 .
              
            
          
           
             
               TALLAGIUM
               .
            
             
               Tallagium
               ,
               or
               Tailagium
               ,
               cometh
               of
               the
               French
               word
               (
               Tayler
               )
               to
               share
               or
               cut
               in
               pieces
               ,
               and
               per
               metaphoram
               is
               taken
               ,
               when
               the
               King
               ,
               or
               any
               other
               hath
               a
               share
               or
               part
               of
               the
               value
               of
               a
               mans
               goods
               or
               chattells
               ;
               or
               a
               share
               or
               part
               of
               the
               annuall
               revenue
               of
               his
               Land
               ,
               or
               puts
               any
               charge
               or
               burthen
               upon
               another
               ;
               so
               as
               Tallagium
               is
               
                 de
                 genere
                 inclusive
              
               ,
               of
               Subsidies
               ,
               Taxes
               ,
               Tenths
               ,
               Fifteenths
               ,
               Impositions
               ,
               and
               other
               burthens
               put
               ,
               or
               set
               upon
               any
               man
               ;
               and
               so
               it
               is
               expounded
               in
               our
               Year-Books
               ,
               what
               shall
               be
               said
               to
               be
               Tallag
               ▪
               put
               upon
               the
               Subject
               by
               the
               King
               unjustly
               .
               Vide
               2
               
                 part
                 of
              
               Cook
               's
               Instit.
               533.
               
            
          
        
         
           
           
             V.
             
          
           
             
               VAGABOND
               .
            
             
               VAgabond
               ,
               is
               one
               that
               wandereth
               about
               ,
               rogue
               and
               vagabond
               are
               all
               one
               ,
               whosoever
               wandreth
               about
               idly
               and
               loyteringly
               is
               a
               rogue
               or
               vagabond
               ,
               although
               he
               beggeth
               not
               .
            
          
           
             
               VERDICT
               .
            
             
               
                 Verdict
                 ,
                 quasi
                 verè
                 dictum
              
               ,
               as
               the
               saying
               of
               truth
               .
            
          
           
             
               VILLENAGE
               .
            
             
               Villenage
               .
               A
               villain
               signifieth
               as
               much
               as
               servus
               among
               the
               Civilians
               .
               A
               man
               of
               servile
               or
               base
               degree
               ,
               villain
               from
               the
               French
               villein
               ,
               
                 à
                 villa
              
               ,
               from
               a
               Countrey
               Farm
               ,
               whereunto
               they
               were
               
               deputed
               to
               do
               service
               ,
               as
               our
               villains
               regardant
               to
               Mannors
               ,
               were
               
                 glebae
                 ascriptitii
              
               ,
               tied
               to
               the
               turf
               ,
               or
               rather
               of
               the
               word
               vilis
               ,
               of
               his
               vile
               and
               base
               condition
               .
            
             
               Villenage
               is
               then
               the
               service
               of
               a
               Bondman
               ,
               and
               yet
               a
               freeman
               may
               do
               the
               service
               of
               him
               that
               is
               bound
               ,
               therefore
               Tenure
               in
               villenage
               is
               twofold
               .
            
             
               One
               where
               the
               person
               of
               the
               Tenant
               is
               bound
               ,
               and
               the
               Tenure
               servile
               ,
               and
               the
               other
               where
               the
               person
               is
               free
               ,
               and
               the
               Tenure
               servile
               .
               
            
             
               It
               is
               agreed
               by
               all
               men
               ,
               that
               there
               were
               never
               any
               bondmen
               or
               villains
               ,
               as
               the
               Law
               calleth
               them
               
               in
               Kent
               .
            
             
               Villenage
               is
               where
               a
               man
               holdeth
               of
               his
               Lord
               ,
               
               either
               by
               doing
               unto
               him
               some
               particular
               base
               service
               ,
               and
               such
               an
               one
               is
               called
               a
               Tenant
               by
               villenage
               ,
               or
               by
               doing
               generally
               whatsoever
               base
               service
               his
               Lord
               will
               command
               ,
               and
               impose
               upon
               
               him
               ,
               and
               such
               a
               Tenant
               is
               termed
               in
               our
               Law
               a
               villain
               .
            
          
           
             
               VOID
               .
            
             
               Void
               ,
               A
               Church
               Representative
               may
               become
               void
               five
               manner
               of
               waies
               .
            
             
               
                 1.
                 
                 By
                 death
                 .
                 
              
               
                 2.
                 
                 By
                 creation
                 .
              
               
                 3.
                 
                 By
                 resignation
                 .
              
               
                 4.
                 
                 By
                 deprivation
                 .
              
               
                 5.
                 
                 By
                 cession
                 ,
                 as
                 by
                 taking
                 a
                 Benefice
                 incompatible
              
            
          
           
             
               VOUCHER
               .
            
             
               Voucher
               ,
               in
               Latin
               vocatio
               ,
               or
               
                 ad
                 vocatio
              
               ,
               is
               a
               word
               of
               art
               made
               of
               the
               verb
               voco
               ,
               and
               is
               in
               the
               understanding
               of
               the
               Common
               Law.
               
            
             
               When
               the
               common
               tenant
               calleth
               another
               into
               the
               Court
               that
               is
               bound
               to
               him
               to
               warranty
               ,
               that
               is
               either
               to
               defend
               the
               right
               against
               the
               demandant
               ,
               or
               to
               yeeld
               him
               other
               Land.
               
            
          
           
             
               USURY
               .
            
             
               Usury
               ,
               
                 Usura
                 dicitur
                 ab
                 usu
                 &
                 aere
                 ,
                 quasi
                 usu
                 aera
                 ,
              
               
               id
               est
               ,
               
                 usus
                 aeris
                 ,
                 &
                 usura
                 est
                 commodum
                 certum
                 ,
                 quod
                 propter
                 usum
                 rei
                 mutuatae
                 accipitur
                 .
              
            
             
               The
               Statute
               now
               in
               force
               enacted
               ,
               Eliz.
               13.
               c.
               8.
               
            
             
               
                 1.
                 
                 It
                 alloweth
                 not
                 usury
                 but
                 punisheth
                 the
                 excess
                 
              
               
                 2.
                 
                 The
                 title
                 of
                 the
                 act
                 is
                 an
                 act
                 against
                 usury
                 ,
                 how
                 then
                 is
                 it
                 for
                 it
                 ?
              
               
                 3.
                 
                 It
                 calleth
                 usury
                 a
                 detestable
                 fin
                 ,
                 how
                 then
                 can
                 it
                 secure
                 the
                 conscience
                 of
                 any
                 ?
              
            
             
             
               The
               Statute
               of
               II.
               the
               8.
               punished
               all
               usury
               above
               ten
               in
               the
               hundred
               ,
               with
               the
               forfeiture
               of
               treble
               value
               .
               See
               that
               of
               Ed.
               6th
               .
            
          
           
             
               UTLARY
               .
            
             
               Utlary
               ,
               The
               Bishops
               of
               Durham
               have
               had
               their
               Royalties
               and
               Princely
               rights
               ,
               so
               that
               the
               goods
               of
               outlawed
               and
               attainted
               persons
               out
               of
               
               the
               Kings
               Protection
               ,
               fall
               into
               their
               hands
               ,
               and
               not
               into
               the
               Kings
               .
            
             
               
                 Utlagatus
                 ,
                 est
                 quasi
                 extra
                 legem
                 positus
                 ,
              
               and
               Bracton
               saith
               ,
               that
               
                 caput
                 gerit
                 lupinum
              
               ,
               
               because
               he
               might
               be
               pu●
               to
               death
               by
               any
               man
               ,
               as
               a
               Wol●
               that
               harefull
               beast
               might
               be
               .
               But
               in
               the
               beginning
               of
               the
               reign
               of
               King
               Edward
               the
               third
               ,
               it
               was
               resolved
               by
               the
               Judges
               ,
               for
               the
               avoiding
               of
               inhumanity
               ,
               and
               of
               effusion
               of
               Christian
               blood
               ,
               that
               it
               should
               not
               be
               lawfull
               for
               any
               man
               ,
               but
               the
               Sheriff
               only
               (
               having
               a
               lawfull
               Warrant
               
               therefore
               )
               to
               put
               to
               death
               any
               man
               outlawed
               though
               it
               were
               for
               felony
               ,
               and
               if
               he
               did
               ,
               he
               should
               undergo
               such
               punishments
               ,
               and
               pains
               of
               death
               ,
               as
               if
               he
               had
               killed
               any
               other
               man
               ,
               and
               so
               from
               thenceforth
               the
               Law
               continued
               untill
               this
               day
               .
            
          
        
         
           
           
             VV.
             
          
           
             
               VVAGE
               .
            
             
               WAge
               ,
               is
               the
               giving
               security
               for
               the
               performing
               
               of
               any
               thing
               ,
               as
               to
               wage
               Law
               ,
               and
               to
               wage
               deliverance
               .
            
             
               
                 Contra
                 instrumentum
                 ,
                 sive
                 specialitatem
                 (
                 ut
                 nostri
                 loquuntur
                 )
                 legis
                 vadiatio
                 locum
                 non
                 habet
                 .
                 Dyer
                 fol.
              
               23.
               
            
          
           
             
               WAIF
               .
            
             
               Waif
               ,
               The
               Civilians
               call
               it
               derelictum
               ,
               this
               belonged
               in
               times
               past
               to
               the
               finder
               ,
               by
               the
               Law
               of
               nature
               ,
               and
               now
               to
               the
               Prince
               by
               the
               Law
               of
               Nations
               ,
               or
               to
               the
               Lord
               of
               the
               Fee
               which
               hath
               his
               
               liberty
               granted
               him
               by
               the
               King
               ,
               if
               the
               owner
               shall
               challenge
               it
               within
               a
               year
               and
               a
               day
               ,
               it
               shall
               be
               restored
               him
               .
            
             
               A
               thing
               
                 pro
                 derelicto
                 habita
              
               ,
               waived
               and
               forsaken
               ,
               
               is
               
                 nullius
                 in
                 bonis
              
               ,
               as
               when
               a
               man
               for
               fear
               of
               a
               tempest
               casteth
               his
               things
               into
               the
               Sea
               ,
               or
               some
               danger
               being
               emminent
               ,
               leaveth
               them
               upon
               the
               land
               ,
               or
               else
               of
               his
               own
               free-will
               ,
               leaveth
               that
               which
               is
               his
               own
               
                 sine
                 spe
                 reh
                 .
                 thendi
              
               .
            
             
               I●
               a
               thing
               be
               fallen
               out
               of
               a
               chariot
               or
               Wagon
               ,
               it
               may
               be
               said
               to
               be
               lost
               or
               waived
               .
            
             
               Felony
               is
               not
               committed
               in
               the
               taking
               of
               treasury
               ●ound
               wreck
               of
               the
               Sea
               ,
               waif
               and
               stray
               ,
               and
               such
               like
               ,
               unless
               they
               have
               been
               before
               seised
               
               and
               the
               reason
               is
               ,
               
                 quia
                 Dominus
                 rerum
                 non
                 apparet
                 ,
                 ideo
                 cujus
                 sunt
                 incertum
                 est
                 ,
              
               and
               therefore
               
               punishment
               in
               such
               cases
               ,
               is
               by
               ●●ne
               ,
               and
               not
               by
               the
               taking
               away
               of
               life
               and
               member
               .
            
             
               Waif
               ,
               is
               properly
               when
               a
               thief
               being
               pursued
               and
               having
               stolen
               goods
               about
               him
               ,
               doth
               leave
               or
               
               forsake
               them
               ,
               that
               he
               may
               fly
               away
               .
            
          
           
             
               WAIVE
               .
            
             
               Waive
               ,
               is
               a
               woman
               that
               is
               outlawed
               ,
               and
               she
               is
               called
               waive
               ,
               as
               left
               out
               or
               forsaken
               of
               the
               Law
               ,
               and
               not
               an
               outlaw
               ,
               as
               a
               man
               is
               ,
               for
               women
               are
               
               not
               sworn
               in
               Leets
               to
               the
               King
               as
               men
               are
               ,
               which
               be
               of
               the
               age
               of
               twelve
               years
               or
               more
               .
            
          
           
             
               WAPENTAKE
               .
            
             
               Wapentake
               .
               When
               any
               on
               a
               certain
               day
               and
               place
               took
               upon
               him
               the
               Government
               of
               the
               Hundred
               ,
               the
               free
               Suiters
               met
               him
               with
               Launces
               ,
               and
               he
               descending
               from
               his
               Horse
               ,
               all
               rose
               up
               to
               him
               ,
               and
               he
               holding
               his
               Launce
               upright
               ,
               all
               the
               rest
               ,
               in
               sign
               of
               obedience
               ,
               with
               their
               Launces
               touched
               his
               Launce
               or
               Weapon
               ;
               for
               the
               Saxon
               word
               ●
               apen
               is
               weapon
               ,
               and
               
                 tact
                 ,
                 tactus
              
               ,
               touching
               ,
               whence
               wapentake
               or
               touching
               a
               weapon
               .
               
               Cook
               's
               
                 2d
                 part
                 of
                 Instit.
                 c.
              
               10.
               
            
             
               It
               came
               of
               the
               Danes
               ,
               or
               Saxons
               ,
               for
               that
               so
               
               many
               Towns
               came
               by
               their
               order
               then
               to
               one
               place
               ,
               where
               was
               taken
               a
               muster
               of
               their
               armour
               and
               weapons
               ,
               in
               which
               place
               from
               them
               that
               could
               not
               find
               sufficient
               pledges
               for
               their
               good
               abearing
               ,
               their
               weapons
               were
               taken
               away
               .
               Weapon
               ,
               or
               wapon
               in
               old
               English
               do
               signifie
               all
               arms
               offensive
               ,
               as
               Sword
               ,
               Dagger
               ,
               Spear
               ,
               Launce
               ,
               Bill
               ,
               Bows
               ,
               Arrows
               .
            
             
             
               The
               Northern
               English
               beyond
               Trent
               ,
               called
               a
               Hundred
               so
               .
            
          
           
             
               WARDSHIP
               .
            
             
               Wardship
               ,
               The
               finall
               cause
               why
               it
               was
               ordained
               was
               this
               ,
               
                 ut
                 qui
                 per
                 aetatem
                 scipsos
                 defendere
                 nequeant
                 ,
                 ab
                 aliis
                 defendatur
                 .
              
            
             
               Of
               Guardianships
               there
               be
               two
               kinds
               in
               respect
               of
               the
               manner
               of
               their
               constitution
               ,
               viz.
               
            
             
               
                 1.
                 
                 By
                 the
                 Common
                 Law.
                 
              
               
                 2.
                 
                 By
                 Statute
                 .
              
            
             
               At
               the
               Common
               Law
               there
               are
               four
               manner
               of
               Guardians
               .
            
             
               
                 1.
                 
                 Guardian
                 in
                 Chivaliy
                 .
              
               
                 2.
                 
                 Guardian
                 in
                 Soccage
                 .
              
               
                 3.
                 
                 Guardian
                 by
                 nature
                 .
              
               
                 4.
                 
                 Guardian
                 
                   pur
                   cause
                   de
                   nurture
                
                 .
              
            
             
               For
               Guardianship
               by
               the
               Statute
               ,
               1.
               and
               2
               Phil.
               and
               Mar.
               
            
             
               All
               which
               severall
               sorts
               of
               Guardianships
               the
               Law
               hath
               defended
               by
               divers
               Statutes
               providing
               for
               the
               Guardians
               respective
               remedies
               ,
               in
               case
               their
               rights
               are
               violated
               ,
               
                 vid.
                 Hub.
                 Rep.
                 Dr.
                 Husseys
                 case
                 ,
                 West
                 .
              
               2.
               c.
               35.
               explained
               for
               that
               purpose
               in
               a
               Writ
               of
               Ravishment
               .
               32
               
                 Ed.
                 Fitzh
                 .
                 guard
              
               .
               32.
               
               
                 &
                 Fitzh
                 .
                 N.
                 B.
              
               91.
               
               &
               143.
               
               
                 &
                 Register
              
               98.
               
               &
               99.
               12
               
               H.
               4.
               16.
               
            
          
           
             
               WARRANTY
               .
            
             
               Warranty
               ,
               is
               a
               Covenant
               whereby
               the
               Bargainer
               
               is
               bound
               to
               warrant
               the
               thing
               sold
               to
               the
               Bargainee
               ,
               and
               is
               either
               ,
            
             
               
               
                 1.
                 
                 Reall
                 ,
                 or
              
               
                 2.
                 
                 Personall
                 .
                 
                   
                     1.
                     
                     Real
                     ,
                     when
                     it
                     is
                     annexed
                     to
                     Lands
                     or
                     Tenements
                     granted
                     for
                     life
                     ,
                     &c.
                     and
                     it
                     is
                     either
                     ,
                     
                       
                         1.
                         
                         In
                         deed
                         ,
                         as
                         by
                         the
                         word
                         warrantizo
                         expressly
                         .
                      
                       
                         2.
                         
                         Or
                         in
                         Law
                         as
                         by
                         the
                         word
                         dedi
                         or
                         some
                         other
                         amplification
                         .
                      
                    
                  
                   
                     2.
                     
                     Or
                     personall
                     which
                     either
                     respects
                     the
                     
                       
                         1.
                         
                         Property
                         ,
                         of
                         the
                         thing
                         sold
                         or
                      
                       
                         2.
                         
                         The
                         quality
                         of
                         it
                         .
                      
                    
                  
                
              
            
             
               Reall
               warranty
               in
               respect
               of
               the
               estate
               is
               either
            
             
               
                 1.
                 
                 Lineall
                 .
              
               
                 2.
                 
                 Collaterall
                 ,
                 or
              
               
                 3.
                 
                 Commencing
                 by
                 deseisen
                 .
              
            
          
           
             
               WARREN
               .
            
             
               Warren
               ,
               The
               King
               grants
               a
               Warren
               to
               me
               in
               
               mine
               own
               Lands
               for
               Pheasants
               and
               Partridges
               onely
               ,
               so
               by
               this
               grant
               no
               man
               may
               there
               chase
               them
               without
               my
               Licence
               ,
               and
               so
               of
               Hares
               ,
               but
               not
               of
               Conies
               ,
               for
               their
               property
               is
               to
               destroy
               the
               fruits
               of
               the
               earth
               ,
               and
               to
               eat
               Corn
               ,
               
                 Crompton
                 Iurisd
                 .
                 fol.
              
               148.
               
            
             
               By
               the
               grant
               of
               it
               ,
               or
               a
               Forest
               or
               Park
               ,
               not
               only
               the
               priviledge
               ,
               but
               the
               Land
               it self
               passeth
               ,
               for
               they
               are
               compound
               .
            
          
           
             
               WASTE
               .
            
             
               
                 Waste
                 .
                 Brook
              
               holds
               that
               the
               Executors
               shall
               have
               
               glass
               ,
               for
               the
               house
               (
               saith
               he
               )
               is
               perfect
               without
               it
               .
               Yet
               it
               was
               adjudged
               in
               the
               Common
               Pleas
               ,
               that
               a
               waste
               may
               be
               committed
               in
               glass
               ,
               annexed
               to
               the
               Windows
               ,
               for
               it
               is
               parcell
               of
               the
               house
               ,
               and
               shall
               descend
               as
               parcell
               of
               the
               Inheritance
               to
               the
               Heir
               ,
               and
               Executors
               shall
               not
               have
               it
               ,
               and
               although
               
               that
               the
               Lessee
               himself
               at
               his
               own
               costs
               put
               the
               glass
               in
               the
               Windows
               ,
               yet
               this
               being
               own
               parcell
               of
               the
               house
               ,
               he
               cannot
               take
               away
               this
               or
               waste
               it
               ,
               but
               shall
               be
               punished
               in
               waste
               .
               Glass
               annexed
               to
               the
               Windows
               by
               nails
               ,
               or
               after
               other
               manner
               by
               
               the
               Lessor
               or
               Lessee
               ,
               cannot
               be
               removed
               by
               the
               Lessee
               ,
               for
               without
               glass
               it
               is
               no
               perfect
               house
               ,
               and
               by
               a
               Lease
               or
               grant
               of
               a
               house
               this
               shall
               pass
               as
               parcell
               of
               it
               ,
               and
               the
               Heir
               shall
               have
               i●
               ,
               and
               not
               the
               Executors
               ,
               and
               peradventure
               a
               great
               part
               of
               the
               costs
               of
               a
               house
               consists
               of
               glass
               ,
               and
               if
               they
               be
               open
               in
               a
               tempest
               and
               rain
               ,
               waste
               of
               the
               timber
               of
               the
               house
               will
               follow
               .
               Also
               it
               was
               resolved
               ,
               that
               if
               wainscot
               be
               annexed
               to
               a
               house
               by
               the
               Lessor
               or
               Lessee
               ,
               it
               is
               part
               of
               the
               house
               ,
               and
               there
               is
               no
               difference
               in
               the
               Law
               whether
               it
               be
               fastned
               with
               great
               or
               little
               nailes
               ,
               or
               by
               screws
               or
               irons
               put
               through
               posts
               or
               walls
               .
               But
               if
               it
               be
               any
               of
               these
               waies
               ,
               or
               any
               other
               fixed
               to
               the
               posts
               or
               walls
               of
               the
               house
               ,
               the
               Lessee
               cannot
               remove
               this
               ,
               but
               he
               is
               punishable
               in
               an
               action
               of
               waste
               ;
               for
               this
               is
               part
               of
               the
               House
               ,
               and
               by
               Lease
               ,
               or
               grant
               of
               the
               house
               shall
               pass
               as
               parcell
               .
               
            
             
               By
               an
               Action
               of
               waste
               at
               our
               Law
               ,
               the
               Plaintiff
               ,
               if
               it
               be
               ●ound
               for
               him
               ,
               shall
               recover
               treble
               dammages
               .
               
            
             
               For
               permissive
               waste
               no
               Action
               lies
               against
               Tenant
               at
               will
               ,
               but
               for
               voluntary
               waste
               a
               generall
               Action
               of
               Trespass
               lies
               .
            
             
               There
               are
               two
               kinds
               of
               waste
               ,
               viz.
               voluntary
               ,
               
               or
               actual
               and
               permissive
               ,
               waste
               may
               be
               done
               in
               Houses
               ,
               by
               pulling
               or
               prostrating
               them
               down
               ,
               or
               
               by
               suffering
               the
               same
               to
               be
               uncovered
               ,
               whereby
               the
               spa●rs
               or
               ra●ters
               ,
               or
               other
               timber
               of
               the
               house
               are
               rotten
               .
               But
               if
               the
               house
               be
               uncovered
               ,
               when
               the
               Tenant
               cometh
               in
               ,
               it
               is
               no
               waste
               in
               the
               Tenant
               to
               suffer
               the
               same
               to
               fall
               down
               .
               But
               though
               the
               house
               be
               ruinous
               at
               the
               Tenants
               coming
               in
               ;
               yet
               i●
               he
               pull
               it
               down
               ,
               it
               is
               waste
               ,
               unless
               he
               re-edifie
               it
               again
               .
            
             
               Though
               there
               be
               no
               timber
               growing
               upon
               the
               ground
               ,
               yet
               the
               Tenant
               at
               his
               perill
               
               must
               keep
               the
               houses
               from
               wasting
               .
               If
               the
               Tenant
               do
               ,
               or
               suffer
               waste
               to
               be
               done
               in
               houses
               ,
               yet
               if
               he
               repair
               them
               before
               any
               action
               brought
               ,
               there
               lyeth
               no
               action
               of
               waste
               against
               him
               ;
               but
               he
               cannot
               plead
               
                 quòd
                 non
                 fecit
                 vastum
              
               ,
               but
               the
               speciall
               matter
               .
            
             
               A
               wall
               uncovered
               when
               the
               Tenant
               cometh
               in
               ,
               is
               no
               waste
               ,
               if
               it
               be
               suffered
               to
               decay
               .
               If
               the
               Tenant
               
               cut
               down
               ,
               or
               destroy
               any
               fruit
               tree
               ,
               growing
               in
               the
               Garden
               or
               Orchard
               ,
               it
               is
               no
               waste
               .
               If
               the
               Tenant
               build
               a
               new
               house
               it
               is
               waste
               ,
               and
               if
               he
               suffer
               it
               to
               be
               wasted
               ,
               it
               is
               a
               new
               waste
               .
               Waste
               properly
               is
               in
               Houses
               ,
               Gardens
               ,
               in
               Timber
               trees
               ,
               viz.
               Oak
               ,
               Ash
               ,
               and
               Elme
               ;
               either
               by
               cutting
               of
               them
               down
               ,
               or
               topping
               of
               them
               ,
               or
               doing
               any
               Act
               whereby
               the
               timber
               may
               decay
               .
            
             
               If
               a
               house
               be
               ruinons
               at
               the
               time
               of
               the
               Lease
               made
               ,
               if
               the
               Lessee
               suffer
               the
               house
               to
               fall
               down
               ,
               he
               is
               not
               punishable
               ,
               for
               he
               is
               not
               bound
               by
               Law
               
               to
               repair
               a
               house
               in
               that
               case
               :
               And
               if
               he
               cut
               down
               Timber
               upon
               the
               ground
               so
               letten
               ,
               and
               repair
               it
               ,
               he
               may
               well
               justifie
               it
               ;
               and
               the
               reason
               is
               ,
               because
               the
               Law
               doth
               favour
               the
               supportation
               and
               maintenance
               of
               Houses
               of
               habitation
               for
               mankind
               .
            
          
           
             
             
               WIFE
               .
            
             
               Wife
               .
               After
               Marriage
               ,
               all
               the
               will
               of
               the
               Wife
               ,
               
               in
               judgment
               of
               the
               Law
               is
               subject
               to
               the
               will
               of
               the
               Husband
               ;
               and
               it
               is
               commonly
               said
               ,
               
                 a
                 seme
                 covert
                 hath
                 no
                 will.
                 
              
            
             
               If
               she
               have
               any
               Tenure
               at
               all
               ,
               she
               holds
               
                 in
                 Capite
              
               ,
               and
               she
               hath
               no
               title
               but
               by
               her
               Husband
               ,
               the
               maxim
               of
               the
               Lawyers
               is
               
                 ●●●r
                 fulget
                 radiis
                 marit●
              
               ,
               the
               Wife
               shines
               with
               her
               Husbands
               beams
               .
            
             
               Where
               Baron
               and
               Feme
               commit
               selony
               ,
               the
               Feme
               can
               neither
               be
               principall
               ,
               nor
               accessary
               ,
               because
               the
               Law
               intends
               her
               to
               have
               no
               will
               ,
               in
               regard
               of
               her
               subjection
               and
               obedience
               she
               owes
               to
               her
               Husband
               .
               
            
             
               Our
               Law
               saith
               ,
               that
               every
               gift
               ,
               grant
               ,
               or
               disposition
               of
               goods
               ,
               lands
               ,
               or
               other
               thing
               whatsoever
               ,
               made
               by
               a
               woman
               covert
               ,
               and
               all
               ,
               and
               every
               obligation
               and
               seoffment
               made
               by
               her
               ,
               and
               recovery
               suffered
               ,
               if
               they
               be
               done
               without
               her
               Husbands
               consent
               ,
               are
               void
               .
            
             
               Yea
               ,
               if
               she
               do
               wrong
               to
               another
               ,
               she
               hath
               not
               any
               thing
               to
               make
               satisfaction
               during
               coverture
               ,
               either
               her
               Husband
               must
               do
               it
               ,
               or
               by
               imprisonment
               of
               her
               person
               must
               it
               be
               done
               .
            
             
               And
               though
               she
               have
               inheritance
               of
               her
               own
               ,
               yet
               can
               she
               not
               grant
               any
               annuity
               of
               it
               during
               her
               coverture
               without
               her
               Husband
               ;
               if
               any
               Deed
               be
               
               made
               to
               that
               purpose
               without
               his
               consent
               ,
               or
               in
               her
               name
               alone
               ,
               it
               is
               void
               in
               Law.
               Yea
               ,
               if
               there
               be
               debate
               between
               the
               Husband
               and
               his
               Wife
               ,
               whereby
               certain
               Lands
               of
               the
               Husbands
               be
               assigned
               
               to
               the
               Wife
               with
               his
               consent
               ,
               if
               out
               of
               such
               Lands
               she
               grant
               an
               annuity
               to
               a
               stranger
               ,
               the
               grant
               is
               void
               .
            
             
               And
               if
               he
               covenant
               to
               give
               her
               yearly
               such
               and
               
               such
               apparell
               ,
               she
               cannot
               dispose
               it
               as
               she
               list
               
               without
               his
               consent
               ,
               but
               only
               me
               and
               wear
               it
               her self
               .
            
             
               Neither
               can
               she
               lease
               her
               own
               Land
               for
               years
               ,
               for
               life
               ;
               if
               the
               do
               ,
               it
               is
               void
               ,
               and
               the
               Lessee
               entring
               
               by
               so●ce
               thereof
               ,
               is
               a
               dissesor
               to
               the
               Husband
               and
               trespassor
               .
            
             
               If
               she
               sell
               any
               thing
               ,
               the
               sale
               is
               void
               ,
               except
               she
               
               be
               a
               Merchant
               ,
               where
               by
               the
               custom
               she
               is
               inabled
               to
               Merchandize
               .
            
             
               Finally
               ,
               she
               cannot
               make
               executors
               without
               the
               consent
               of
               her
               Husband
               ,
               nor
               a
               devise
               or
               will
               ▪
               Cook
               4
               
                 Rep.
                 Ognels
                 case
              
               
            
             
               If
               she
               make
               a
               Will
               ,
               and
               thereby
               devise
               her
               own
               Inheritance
               ;
               and
               her
               Husband
               die
               ,
               and
               she
               after
               die
               without
               any
               new
               publication
               of
               it
               ,
               it
               is
               of
               no
               force
               ,
               but
               it
               was
               void
               at
               first
               .
            
             
               Suppose
               a
               woman
               at
               the
               time
               of
               her
               marriage
               have
               a
               lease
               for
               years
               ,
               or
               the
               wardship
               of
               the
               
               body
               and
               Lands
               of
               an
               Infant
               ,
               or
               have
               it
               by
               gift
               or
               purchase
               ,
               after
               marriage
               she
               cannot
               give
               it
               away
               whatsoever
               the
               extremity
               be
               ,
               but
               her
               Husband
               may
               at
               any
               time
               during
               coverture
               dispose
               of
               it
               ,
               and
               such
               his
               disposition
               shall
               cut
               off
               the
               wives
               interest
               .
            
             
               By
               the
               Common
               Law
               Marriage
               is
               a
               gift
               of
               all
               
               the
               Goods
               and
               Chattels
               personall
               of
               the
               Wife
               to
               her
               Husband
               ;
               so
               that
               no
               kind
               of
               property
               in
               the
               same
               remaineth
               in
               her
               .
            
             
               And
               all
               personall
               Goods
               and
               Chattels
               during
               Marriage
               given
               to
               the
               Wife
               ,
               are
               presently
               
                 ipso
                 facto
              
               transferred
               (
               as
               to
               the
               property
               of
               them
               )
               to
               the
               Husband
               .
            
             
               By
               our
               Law
               her
               necessary
               apparell
               is
               not
               hers
               in
               property
               .
               While
               she
               remaineth
               a
               Wife
               ,
               she
               is
               (
               to
               use
               the
               Law
               phrase
               )
               under
               covert
               Baron
               :
               she
               
               can
               neither
               let
               ,
               set
               ,
               al●en
               ,
               give
               ,
               nor
               otherwise
               
               of
               right
               make
               any
               thing
               away
               .
            
          
           
             
               WITHERNAM
               .
            
             
               Withernam
               comes
               from
               two
               old
               and
               out-worn
               Saxon
               words
               ,
               
                 Wither
                 al
                 terum
                 &
                 nam
                 pignus
                 quasi
              
               
               
                 altera
                 pignoris
                 oblatio
              
               :
               Some
               derive
               it
               of
               the
               German
               Wider
               ,
               i.
               e.
               Rursus
               again
               ,
               and
               nam
               that
               is
               ,
               captio
               ,
               a
               taking
               ,
               
                 vetitum
                 nanium
              
               ,
               in
               Latin
               ,
               a
               forbidden
               taking
               ,
               though
               it
               be
               a
               taking
               again
               ,
               but
               because
               the
               first
               taking
               in
               distress
               was
               unlawfull
               ,
               and
               so
               in
               Law
               forbidden
               .
            
          
           
             
               WRECK
               .
            
             
               Wreck
               ,
               the
               Civilians
               call
               it
               Naufragium
               ,
               nothing
               
               shall
               be
               
                 wreccum
                 maris
              
               but
               such
               goods
               only
               which
               are
               cast
               ,
               or
               lest
               upon
               the
               Land
               by
               the
               Sea
               ,
               for
               
                 wreccum
                 maris
                 significat
                 illa
                 bona
                 quae
                 naufragio
                 ad
                 terram
                 appellantur
                 .
              
               It
               is
               an
               estray
               upon
               the
               Sea
               coming
               to
               Land
               ;
               as
               an
               estray
               of
               Beasts
               is
               upon
               the
               Land
               coming
               within
               any
               priviledg'd
               place
               .
            
             
               The
               King
               ,
               by
               the
               old
               custom
               of
               the
               Realm
               ,
               as
               
               Lord
               of
               the
               narrow
               Sea
               ,
               is
               bound
               to
               scour
               the
               Sea
               of
               Pyrats
               .
               And
               because
               that
               cannot
               be
               done
               without
               great
               charges
               ,
               it
               is
               not
               unreasonable
               if
               he
               have
               such
               goods
               as
               be
               wrecked
               upon
               the
               Sea
               toward
               the
               charge
               .
            
          
           
             
               WRIT
               .
            
             
               Writ
               ,
               A
               Writ
               is
               a
               formall
               Letter
               ,
               or
               Epistle
               of
               the
               King
               of
               the
               Liberties
               ,
               &c.
               in
               a
               Parchment
               sealed
               with
               a
               Seal
               ,
               directed
               to
               some
               Judge
               ,
               Officer
               ,
               Minister
               ,
               or
               other
               subject
               ,
               at
               their
               suit
               ,
               or
               the
               suit
               or
               plaint
               of
               a
               subject
               ,
               commanding
               or
               authorising
               some
               thing
               contained
               in
               the
               same
               Letter
               to
               be
               done
               for
               the
               cause
               briefly
               (
               and
               therefore
               called
               un
               brief
               )
               in
               that
               Letter
               expressed
               ,
               which
               is
               to
               be
               discussed
               in
               some
               Court
               according
               to
               Law.
               
            
             
             
               Writs
               are
               of
               three
               sorts
               ,
               
            
             
               
                 1.
                 
                 Originall
                 ,
                 which
                 are
                 most
                 commonly
                 of
                 course
                 ,
                 and
                 therefore
                 are
                 of
                 a
                 set
                 form
                 .
              
               
                 2.
                 
                 Judiciall
                 ,
                 which
                 are
                 for
                 the
                 Execution
                 of
                 the
                 Judgment
                 .
              
               
                 3.
                 
                 Magisteriall
                 ,
                 which
                 vary
                 in
                 form
                 according
                 to
                 the
                 matter
                 emergent
                 .
              
            
          
           
             
               WRONG
               .
            
             
               Wrong
               ,
               or
               Injury
               is
               in
               French
               aptly
               called
               Tort
               ,
               
               because
               injury
               and
               wrong
               is
               wrested
               or
               crooked
               ,
               being
               contrary
               to
               that
               which
               is
               right
               and
               straight
               .
               Injury
               is
               derived
               of
               in
               and
               Ius
               ,
               because
               it
               is
               contrary
               to
               right
               .
            
             
               Queen
               Elizabeths
               continuall
               charge
               to
               her
               Justices
               agreeable
               with
               her
               antient
               Laws
               was
               ,
               that
               for
               no
               Commandement
               under
               the
               Great
               ,
               or
               Privy
               Seal
               ,
               Writs
               ,
               or
               Letters
               ,
               common
               right
               might
               
               be
               disturbed
               or
               delayed
               ,
               according
               to
               the
               antient
               Law
               declared
               by
               the
               great
               Charter
               ,
               
                 Nulli
                 v●ndemus
                 aut
                 negabimus
                 aut
                 differemus
                 justitiam
                 vel
                 rectum
                 .
              
            
          
        
         
           
           
             Y.
             
          
           
             
               YARD-LAND
               .
            
             
               YArd-land
               ,
               or
               
                 Virgata
                 terrae
              
               ,
               the
               Saxons
               called
               
               it
               Girdland
               ,
               is
               a
               proportion
               of
               Land
               ,
               in
               some
               Countries
               it
               is
               ten
               Acres
               ,
               in
               some
               twenty
               ,
               some
               twenty
               sour
               ,
               and
               some
               thirty
               Acres
               of
               Land.
               
            
          
        
      
    
     
       
         
         
         
           A
           TABLE
           .
        
         
           
             A
          
           
             ABate
             
               what
               it
               signifies
            
             ,
             page
             1
             whence
             Abatamentum
             ib.
             
          
           
             Abbot
             ,
             
               whence
               it
               comes
               ,
               and
               what
               it
               signifies
            
             p.
             1
          
           
             Abciance
             ,
             
               whence
               derived
               ,
               and
               what
               it
               signifies
            
             p.
             1
             ,
             2
          
           
             Accessary
             ,
             
               before
               and
               after
               the
               fact
               ,
               who
            
             p.
             2.
             3.
             
               cases
               about
               Accessaries
            
             ib.
             
          
           
             Acquittance
             ,
             
               what
               it
               is
               ,
               how
               it
               differs
               from
               some
               words
               in
               the
               Civil
               Law
            
             p.
             4.
             
          
           
             Acquiter
             ,
             
               whence
               derived
               ,
               and
               what
               it
               signifies
            
             ibid.
             
          
           
             Acre
             ,
             
               what
               it
               is
               ,
               and
               whence
               it
               comes
            
             p.
             5
          
           
             Action
             ,
             
               what
               it
               is
               ,
               and
               whence
               derived
               ,
            
             p.
             5.
             
               severall
               sorts
               of
            
             Actions
             ,
             ibid.
             
               how
               an
               Action
               of
               the
               case
               will
               lie
            
             p.
             6
             ,
             7
             ,
             8.
             
          
           
             Adjournment
             ,
             what
             p.
             9
          
           
             Admission
             ,
             what
             ib.
             
          
           
             Administrator
             ,
             who
             p.
             ib.
             
          
           
             Advowson
             ,
             
               what
               ,
               and
               whence
               so
               called
            
             p.
             10
          
           
             Affeerors
             ,
             
               what
               ,
               and
               whence
            
             p.
             ib.
             how
             affeerment
             ,
             and
             amerciament
             differ
             ibid.
             
          
           
             Affray
             ,
             
               what
               ,
               and
               whence
            
             p.
             10.
             
               how
               it
               differs
               from
               assault
            
             ib.
             
          
           
             Age
             ,
             
               the
               Law
               takes
               notice
               of
               divers
               ages
            
             p.
             11
          
           
             Agreement
             ,
             whence
             p.
             ib.
             
               cases
               about
               it
            
             12
          
           
             Alien
             ,
             
               whence
               derived
               ,
               and
               what
               it
               signifies
            
             p.
             ib.
             
          
           
             Almes
             ,
             
               accounted
               in
               Law
               Divine
               service
            
             ,
             p.
             13.
             
               cases
               about
            
             
             it
             ib.
             
          
           
             Amerciament
             ,
             
               why
               called
            
             misericordia
             ,
             p.
             ib.
             
               how
               it
               differs
               from
               a
               fine
            
             ib.
             
          
           
             Ancestor
             ,
             
               whence
               ,
               and
               how
               in
               the
               Law
               distinguished
               from
            
             predecessour
             p.
             14
          
           
             An
             ,
             Jour
             ,
             
               a
               convenient
               time
               for
               many
               purposes
            
             ib.
             
          
           
             An
             ,
             Jour
             ,
             and
             waste
             ,
             what
             ib.
             
          
           
             Annates
             what
             15
          
           
             Annuity
             what
             ib.
             
               cases
               about
               it
            
             ib.
             
          
           
             Appeal
             ,
             
               whence
               it
               comes
               ,
               the
               severall
               sorts
               of
            
             Appeals
             ,
             
               and
               cases
               about
               it
            
             p.
             16
             ,
             17
          
           
             Appendant
             ,
             what
             18
          
           
             Apprentices
             ,
             
               unde
               ,
               and
               what
            
             ib.
             
          
           
             Apportion
             ,
             unde
             19
          
           
             Appurtenant
             ,
             
               what
               ,
               and
               how
               distinguished
               from
            
             Appendant
             ib.
             
          
           
             Arbitrement
             ,
             
               what
               ,
               and
               how
               it
               differs
               from
            
             Concord
             20
          
           
             Arraign
             ,
             what
             ib.
             
          
           
             Arrest
             ,
             
               what
               and
               whence
            
             ,
             p.
             21.
             
               who
               may
               not
               be
               arrested
            
             ,
             ib.
             
               it
               is
               lawfull
               in
               the
               right
            
             ib.
             
          
           
             Assault
             ,
             whence
             p.
             22
          
           
             Assembly
             ,
             
               when
               unlawfull
            
             ib.
             
          
           
             Assise
             ,
             what
             ib.
             
          
           
             Assumpsit
             ,
             what
             ,
             23.
             
               when
               good
               in
               the
               Law
            
             ib.
             
          
           
             Attachment
             ,
             
               what
               and
               whence
            
             ,
             ib.
             
               how
               it
               differs
               from
               an
               arrest
            
             ib.
             
          
           
             Attainder
             ,
             
               what
               and
               whence
            
             ib.
             
          
           
             Attaint
             ,
             
               what
               and
               whence
            
             24
             8
             
               punishments
               follow
               it
            
             ib.
             
          
           
             Attorney
             ,
             what
             p.
             25
          
           
             Attornment
             ,
             
               what
               and
               whence
            
             p.
             26
          
           
             Award
             ,
             
               whence
               ,
               the
               severall
               kinds
               of
               it
            
             27
          
           
             Avowry
             ,
             what
             ib.
             
          
           
             Aide
             ,
             what
             ib.
             
          
        
         
           
             B
          
           
             Bail
             ,
             what
             p
             2●
          
           
             Bailment
             ,
             what
             ib.
             
          
           
             Bailiff
             ,
             whence
             p.
             25
          
           
             Bank
             ,
             what
             p.
             25
             ,
             26
          
           
             Bargain
             ,
             
               and
               Sale
               ,
               what
            
             p
             29
          
           
             Bar
             ,
             what
             p.
             ib.
             
          
           
             Barretor
             ,
             
               what
               ,
               and
               whence
            
             ,
             3●
          
           
             Bastard
             ,
             
               what
               ,
               and
               whence
            
             ,
             p.
             ib.
             
               cases
               about
               it
            
             ,
             31
             and
             ib.
             
               a
               good
               Statute
               against
               Bastards
            
             ib.
             32
          
           
             Battery
             ,
             what
             p.
             32
          
           
             Buggery
             ,
             
               what
               it
               is
            
             p
             33
          
           
             Burgage
             ,
             
               what
               it
               is
            
             ib.
             
          
           
             Burglary
             ,
             
               what
               it
               is
               ,
               and
               whence
            
             ibid.
             
               cases
               about
               it
            
             p.
             34
          
           
             
             Burgh
             English
             ,
             what
             p.
             ib.
             
               cases
               about
               it
            
             ib.
             
          
        
         
           
             C
          
           
             Capite
             ,
             
               what
               tenure
               it
               is
               ,
               and
               why
               so
               called
            
             p.
             35
          
           
             Castle
             p.
             36
          
           
             Challenge
             ,
             
               what
               it
               signifies
               ,
               and
               who
               may
               challenge
               ,
               and
               be
               challenged
            
             ib.
             37
          
           
             Champerty
             38
          
           
             Champerters
             ,
             
               who
               ,
               and
               whence
            
             ib.
             
          
           
             Chance-medly
             ,
             
               what
               and
               whence
            
             ib.
             
          
           
             Change
             ,
             what
             p.
             39
          
           
             Change
             ,
             what
             ib.
             
          
           
             Charter
             ,
             
               whence
               ,
               and
               what
            
             p.
             40.
             
               why
               it
               is
               called
            
             Magna
             Charta
             ibid.
             
          
           
             Chattels
             ,
             
               what
               ,
               and
               whence
               severall
               sorts
            
             p.
             41
          
           
             Chevage
             ,
             what
             p.
             42
          
           
             Clergy
             ,
             
               when
               a
               man
               shall
               have
               his
               Clergy
            
             p.
             43
          
           
             Collegium
             ,
             what
             p.
             44
          
           
             Colour
             of
             Office
             ,
             
               alwaies
               taken
               in
               the
               worst
               part
            
             ibid.
             
          
           
             Condition
             ,
             
               what
               ,
               cases
               about
               it
            
             p
             45
          
           
             Confirmation
             ,
             
               what
               it
               is
               ,
               the
               severall
               kinds
               of
               it
            
             p.
             46
          
           
             Confiscate
             ,
             whence
             47
          
           
             Conspi●acy
             ,
             what
             p.
             ib.
             
          
           
             Constable
             ,
             
               whence
               ,
               and
               what
               required
               in
               him
            
             p
             ib.
             
          
           
             Contract
             ,
             
               why
               so
               called
               ,
               cases
               about
               it
            
             p.
             48
          
           
             Copy-hold
             ,
             
               what
               ,
               cases
               about
               it
            
             p
             49
             ,
             50
          
           
             Coroner
             ,
             
               what
               ,
               and
               whence
            
             p.
             51
          
           
             Corporation
             ,
             what
             p.
             52
          
           
             Covenant
             ,
             what
             ,
             ibid.
             
               who
               may
               covenant
            
             ib.
             
          
           
             Covine
             ,
             
               whence
               and
               what
            
             53
          
           
             Count
             ,
             
               whence
               and
               what
            
             ib.
             
          
           
             County
             ,
             what
             ibid.
             
          
           
             Court
             ,
             
               what
               it
               is
               ,
               the
               severall
               Courts
            
             p.
             54
          
           
             Cu●s●er
             ,
             whence
             p.
             55
          
           
             Courtesie
             of
             England
             ,
             what
             ib.
             
          
           
             Curtilagium
             ,
             what
             p
             56
          
           
             Consuetudo
             57
          
           
             Custom
             ,
             
               what
               ,
               the
               properties
               of
               it
               ,
               and
               severall
               kinds
               of
               it
            
             p.
             58
             ,
             59
             ,
             60
             ,
             61
          
        
         
           
             D
          
           
             Dammage
             ,
             what
             p.
             62
          
           
             Dammage
             ●easant
             ib.
             
          
           
             Dean
             ib.
             
          
           
             Debt
             ,
             what
             63
          
           
             Decies
             tantum
             ,
             what
             ibid.
             
          
           
             Deceit
             64
          
           
             Deed
             ,
             
               what
               ,
               the
               things
               necessary
               to
               it
            
             ib.
             
               the
               kinds
               of
               Deeds
            
             65
          
           
             Defeisance
             ,
             what
             p.
             66
          
           
             Default
             ,
             what
             ibid.
             
          
           
             
             Se
             defendendo
             ib
          
           
             Deforce
             ,
             what
             ib.
             
          
           
             Demandant
             ●7
          
           
             De●ains
             ib.
             
          
           
             De●urrer
             ib.
             
          
           
             Deni●en
             ib.
             
          
           
             De●i●●●ion
             ●8
          
           
             De●dand
             ib.
             
          
           
             Deraign
             p.
             69
          
           
             De●i●●e
             ib.
             
          
           
             Devise
             ,
             
               Cases
               about
               it
            
             ib.
             ●●
             ,
             71
          
           
             Devit
             ,
             
               what
               it
               is
               ,
               it
               is
               sound
               in
               the
               Law
               si●
               waies
            
             ib.
             
          
           
             Discretion
             ,
             what
             72
          
           
             Discontinuance
             ,
             
               whence
               derived
            
             ibid.
             
          
           
             Disparagement
             ,
             what
             ibid.
             
               Severall
               kinds
            
             of
             Disparagement
             p.
             73
          
           
             Diss●ism
             ,
             
               what
               it
               is
            
             ibid.
             
          
           
             Distres●
             ,
             
               whence
               ,
               and
               of
               what
               things
               it
               must
               be
            
             ib.
             ●4
             ,
             75
          
           
             Divorce
             ,
             
               whence
               ,
               the
               severall
               causes
               of
               it
               ,
            
             p.
             76.
             
               it
               is
               twofold
            
             ibid.
             
          
           
             Domin
             cum
             ,
             
               what
               ,
               its
               severall
               acceptions
            
             .
             p.
             77
          
           
             Doomes-day
             Book
             ,
             
               why
               so
               called
            
             ib.
             
          
           
             Dower
             ,
             
               what
               ,
               the
               severall
               kinds
               of
               it
               ,
               and
               cases
               about
               it
            
             ib.
             78
             ,
             79
             ,
             80
          
           
             Drunkenness
             ,
             
               the
               sorfe●ture
               for
               it
            
             81
          
           
             Duresse
             ,
             
               what
               ,
               and
               whence
            
             ibid.
             
          
        
         
           
             E
          
           
             Ecclesia
             ,
             
               what
               it
               signifies
               in
               the
               〈◊〉
               Law
               ,
               what
               Eccelesiasticall
               persons
               are
            
             p.
             82
          
           
             Election
             ,
             
               what
               ,
               in
               the
               Law
               ,
               it
               is
               of
               severall
               things
               ,
               and
               cases
               about
               it
            
             p.
             83
             ,
             84
          
           
             Elegit
             ,
             what
             ib.
             
          
           
             Emparlance
             ,
             what
             ibid.
             
          
           
             Endictment
             ,
             
               what
               ,
               and
               whence
            
             p.
             85
             ,
             86
             ,
             87
          
           
             Ensranchisement
             ib.
             
          
           
             Entruder
             88
          
           
             Equity
             ib.
             
          
           
             Escape
             89
          
           
             Escheat
             90
          
           
             Escheator
             91
          
           
             Estate
             ib.
             
          
           
             Estoin
             ib.
             
          
           
             Estople
             92
          
           
             Estouers
             93
          
           
             Estray
             ib.
             
          
           
             Estreats
             94
          
           
             Exchange
             ib.
             
          
           
             Execution
             95
          
           
             Executor
             ib.
             
          
           
             Exigent
             96
          
           
             Extortion
             ib.
             
          
           
             Evidence
             97
          
        
         
           
             F
          
           
             Farme
             98
          
           
             Fealty
             ib.
             
          
           
             
             Fee-simple
             ib.
             
          
           
             Feudum
             99
          
           
             Fee
             100
          
           
             Fees
             ib.
             
          
           
             Feossment
             ib.
             
          
           
             Felony
             ,
             
               the
               punishment
               of
               a
               felo
               is
               grievous
            
             p.
             101
             ,
             102
             ,
             103
          
           
             Felo
             de
             se
             ,
             
               who
               ,
               and
               how
               punished
            
             ibid.
             
          
           
             Fine
             ,
             
               its
               severall
               significations
            
             104
          
           
             Flight
             ,
             what
             ,
             p.
             105
          
           
             Floatsom
             ,
             what
             ib.
             
          
           
             Force
             ,
             what
             ib.
             
          
           
             Forging
             106.
             
          
           
             Formedon
             ,
             
               why
               so
               called
               ,
               and
               its
               severall
               kinds
            
             ib.
             
          
           
             Foundation
             ,
             
               what
               ,
               and
               whence
            
             ib.
             
          
           
             Franchise
             ,
             what
             ibid.
             
          
           
             Frankalmoigne
             ,
             what
             ibid.
             
          
           
             Franktenement
             ,
             what
             .
             p.
             107
          
           
             Free-man
             ,
             
               who
               ,
               and
               how
               many
               waies
               .
            
             ib.
             
          
           
             Fresh-suit
             ,
             what
             108.
             
          
        
         
           
             G
          
           
             Gavelkind
             ,
             
               what
               ,
               and
               whence
            
             p.
             1●8
          
           
             Generall
             p.
             1●9
          
           
             Grand-Serjeanty
             ,
             what
             p.
             ib.
             
          
           
             Grange
             11●
          
           
             Grant
             ,
             
               what
               cases
               about
               it
            
             p.
             110
             ,
             111
             ,
             112
          
        
         
           
             H
          
           
             Harriot
             ,
             
               what
               ,
               and
               how
               many
               kinds
               there
               be
               of
               them
               ,
            
             p.
             113
          
           
             Heir
             ,
             what
             p.
             114.
             
               the
               severall
               kinds
               of
               Heirs
            
             p.
             115
          
           
             Hereditament
             116
          
           
             Haeres
             ib.
             
          
           
             Hotchpot
             ,
             what
             p.
             117
          
           
             Homage
             ,
             
               whence
               it
               is
               ,
               the
               most
               honourable
               and
               humble
               service
            
             ib.
             
          
           
             Homicide
             ,
             
               what
               ,
               and
               what
               is
               required
               to
               it
            
             p.
             118
             ,
             119
          
           
             Ho●se
             ,
             
               severall
               cases
               about
               it
            
             120
             ,
             121
             ,
             122
          
           
             Hue
             and
             Cry
             ,
             what
             ib.
             
          
           
             Hundred
             p.
             123
          
        
         
           
             I
          
           
             Ideot
             ,
             
               who
               ,
               cases
               about
               it
            
             p.
             124
          
           
             Jersam
             ,
             what
             p.
             125
          
           
             Ignoran●e
             ibid.
             
          
           
             Imprisonment
             ibid.
             
          
           
             Incident
             126
          
           
             Incumbent
             ibid.
             
          
           
             Induction
             ibid.
             
          
           
             Indented
             ,
             
               when
               a
               Deed
               is
               indented
               ,
               and
               how
               called
            
             p.
             127
          
           
             Infant
             ibid.
             
          
           
             Inheritance
             p.
             128
          
           
             
             Inne
             ib.
             
          
           
             Institution
             p.
             130
          
           
             Intrusion
             ibid.
             
          
           
             Joyntenants
             ib.
             
          
           
             Joynture
             p.
             131
          
           
             Judges
             ib.
             131
             ,
             132
          
           
             Judgment
             p.
             133
          
           
             Jurata
             ,
             
               what
               ,
               and
               whence
               the
               severall
               kin●s
            
             p.
             133
             ,
             134
             ,
             135
             ,
             13●
          
           
             Justices
             ,
             whence
             p.
             137
          
        
         
           
             K
          
           
             King
             p
             ▪
             138
          
           
             Knight
             ,
             whence
             ibid.
             
          
           
             Knights-Fee
             ,
             what
             139
          
           
             Knights
             Service
             ,
             what
             ib.
             
          
        
         
           
             L
          
           
             Land
             p
             ▪
             140
          
           
             Larceny
             ,
             
               whence
               ,
               and
               what
            
             p
             ▪
             141
          
           
             Latine
             p.
             142
          
           
             Law
             ,
             
               what
               ,
               the
               Law
               of
               Nature
               and
               of
               England
            
             p.
             143
             ,
             144
          
           
             Legacy
             ,
             what
             p
             ▪
             145
          
           
             Leases
             ,
             
               whence
               ,
               what
               persons
               may
               make
               them
               ,
               and
               divers
               cases
               ,
            
             ib.
             146
             ,
             147
          
           
             Libell
             ,
             
               what
               ,
               its
               severall
               kinds
               ,
               cases
               about
               it
            
             p.
             148
             ,
             149
          
           
             Liberty
             p.
             150
          
           
             Ligeance
             ,
             
               what
               ,
               cases
               about
               it
            
             ib
          
           
             Limitation
             151
          
           
             Livery
             ,
             what
             p.
             152
             ,
             153
          
        
         
           
             M
          
           
             Magistrate
             p.
             154
          
           
             Mai●
             ,
             what
             ib.
             
          
           
             Main-p●i●●
             p.
             155
          
           
             Mannour
             ib.
             
          
           
             Maintenance
             156
          
           
             Manumission
             ibid.
             
          
           
             Marriage
             ,
             
               cases
               about
               it
            
             p.
             157
          
           
             Maxim
             ,
             
               what
               ,
               severall
               maxims
               of
               the
               Law
            
             p.
             158
          
           
             Misprision
             ,
             what
             p.
             159
          
           
             Money
             ,
             
               whence
               ,
               cases
               about
               it
            
             ib.
             
          
           
             Monopoly
             160
          
           
             Monster
             p.
             ib.
             
          
           
             Mortgage
             ,
             whence
             ibid.
             
          
           
             Mortmain
             ,
             whence
             p.
             161
          
           
             Mulier
             ,
             what
             ib.
             
          
           
             Murder
             ,
             
               what
               ,
               the
               severall
               kinds
               of
               it
            
             p.
             162
             ,
             163
             ,
             164
             ,
             165
          
           
             Mute
             ,
             what
             ib.
             
          
        
         
           
             N
          
           
             Name
             p.
             166
          
           
             Nief
             ib.
             
          
           
             Nisi
             Prius
             167
          
           
             Non
             Compos
             mentis
             ib.
             
          
           
             
             Nobility
             168
             ,
             169
          
           
             Nusance
             ,
             what
             p.
             170
          
        
         
           
             O
          
           
             Oath
             171
          
           
             Obligation
             p.
             171
             ,
             172
          
           
             Occupation
             p.
             173
          
           
             Office
             ib.
             
          
           
             Oxguage
             174
          
           
             Ordinary
             ib.
             
          
           
             Order
             175
          
           
             Outlawry
             ib.
             
          
        
         
           
             P
          
           
             Pain-Fort
             ,
             &
             Dure
             p.
             176
          
           
             Pannell
             ,
             what
             ib.
             
          
           
             Paravail
             p.
             177
          
           
             Parceners
             ib.
             
          
           
             Patron
             p.
             172
          
           
             Parson
             173
          
           
             Parliament
             p.
             173
             ,
             174
          
           
             Parque
             175
          
           
             Peace
             ibid.
             
          
           
             Perjury
             182
          
           
             Pillory
             ib.
             
          
           
             Pipowders
             ibid.
             
          
           
             Pleas
             183
          
           
             Possession
             ib.
             
          
           
             Pound
             184
          
           
             Praemuniry
             ib.
             
          
           
             Prerogative
             185
             ,
             186
          
           
             Prescription
             187
          
           
             Presentment
             188
          
           
             Presumption
             ib.
             
          
           
             Prison
             ib.
             
          
           
             Privity
             189
          
           
             Priviledge
             ib.
             
          
           
             Process
             ib.
             
          
           
             Proof
             190
          
           
             Property
             ib.
             191
             ,
             192
             ,
             193
          
           
             Protection
             194
          
           
             Proviso
             ib.
             
          
           
             Publick
             ib.
             
          
           
             Purchase
             195
             ,
             196
          
        
         
           
             Q
          
           
             Quarrels
             197
          
        
         
           
             R
          
           
             Ransome
             197
          
           
             Rape
             198
          
           
             Rebouter
             ib.
             
          
           
             Record
             199
          
           
             Register
             p.
             200
          
           
             Relation
             ib.
             
          
           
             Release
             p.
             201
          
           
             Relief
             ,
             
               whence
               ,
               and
               what
            
             ibid.
             
          
           
             Remainder
             ,
             what
             p.
             202
          
           
             Remitter
             p.
             203
          
           
             Rents
             ibid.
             
          
           
             Replevin
             ,
             whence
             204
          
           
             Resceit
             ib.
             
          
           
             Rescous
             205
          
           
             Reservation
             ib.
             
          
           
             Retraxit
             ib.
             
          
           
             Reversion
             p.
             206
          
           
             Right
             ,
             
               severall
               sorts
               of
               Right
            
             ib.
             
          
           
             
             Riot
             ,
             whence
             p.
             207
          
           
             Robbery
             ,
             
               whence
               ,
               cases
               about
               it
            
             ib
             208
             ,
             209
          
           
             Rogue
             ibid.
             
          
           
             Ro●e
             ,
             whence
             ibid.
             
          
        
         
           
             S
          
           
             Seisin
             ,
             what
             p.
             210
          
           
             Seisina
             ibid.
             
          
           
             Serjeants
             ,
             whence
             ibid.
             
          
           
             Sheri●f
             ,
             
               whence
               his
               power
            
             ibid.
             
          
           
             Soccage
             p.
             211
          
           
             Ser●eanty
             212
          
           
             Surety
             ibid.
             
          
           
             Statute
             ,
             whence
             p
             ▪
             213
          
           
             Statutes
             ibid.
             
          
           
             Stealing
             p.
             214.
             215
          
           
             Stare
             216
          
           
             Suspense
             217
          
           
             Suit
             ibid.
             
          
        
         
           
             T
          
           
             Taile
             218
             ,
             219
          
           
             Tail
             220
          
           
             Tallage
             221
          
           
             Tenement
             ib.
             
          
           
             Tenure
             222
          
           
             Testament
             223
             ,
             224
             ,
             225
          
           
             Tillage
             226
          
           
             Title
             ib.
             
          
           
             Tolt
             227
          
           
             Town
             ib
             ▪
          
           
             Trespass
             ib.
             
          
           
             Travers●
             228
          
           
             Treason
             ib.
             229
             ,
             230
          
           
             Treasure
             230
          
           
             Triall
             ib.
             
          
           
             Tallagium
             .
             231
          
        
         
           
             V
          
           
             Vagabond
             p.
             232
          
           
             Verdict
             ibid.
             
          
           
             Villenage
             ibid.
             
          
           
             Void
             233
          
           
             Voucher
             ibid.
             
          
           
             Usury
             ib.
             
          
           
             Utlary
             .
             234
             ▪
          
        
         
           
             W
          
           
             Wage
             p.
             235
          
           
             Waif
             ib.
             
          
           
             Waive
             236
          
           
             Wapentake
             ibid.
             
          
           
             Wardship
             237
          
           
             Warranty
             ib.
             
          
           
             Warren
             238
          
           
             Waste
             ib.
             239
          
           
             Wise
             241
             ,
             242
          
           
             Withernam
             p.
             243
          
           
             Wreck
             ib.
             
          
           
             Writ
             ibid.
             
          
           
             Wrong
             p.
             244
          
        
         
           
             Y
          
           
             Yard-land
             245
          
        
         
           FINIS
           .
        
      
       
         
         
           Reader
           ,
           these
           Books
           following
           ,
           are
           Printed
           for
           
             Charles
             Adams
          
           ,
           and
           are
           to
           be
           sold
           at
           his
           Shop
           at
           the
           Talbot
           in
           Fleet-strest
           .
        
         
           A
           Treatise
           of
           Religion
           and
           Learning
           ▪
           and
           of
           Religious
           and
           Learned
           men
           ;
           in
           Alphabetical
           order
           ,
           a
           〈…〉
           k
           seasonable
           for
           these
           ●●mes
           wherein
           Religion
           and
           Learning
           have
           so
           many
           enemies
           :
           by
           
             Edward
             ,
             Leigh
          
           
             Esq
          
           Master
           of
           Arts
           of
           
           Magdalen
           ●●
           all
           in
           Oxford
           .
           In
           
             so
             to
          
           .
        
         
           Reports
           of
           that
           Learned
           and
           judicious
           Clerk
           ,
           
             Iohn
             G
             〈…〉
             ●rough
          
           
             Esq
          
           sometime
           one
           of
           the
           Protono●a●●●●
           of
           the
           Court
           of
           th●
           Common
           Pleas
           ,
           being
           his
           collection
           of
           C●●ice
           Cases
           ,
           taken
           in
           the
           latter
           years
           of
           Queen
           
             Elizabeth
             ▪
          
           with
           the
           Iudges
           Resolutions
           hereupon
           :
           Pubshed
           by
           
             William
             Style
          
           of
           the
           Inner
           Temple
           
             Esq
          
           In
           4.
           
        
         
           The
           French
           Cook
           ,
           prescribing
           the
           way
           of
           making
           ready
           all
           sorts
           of
           Meats
           ,
           Fish
           ,
           and
           Flesh
           ;
           wih
           their
           pr●●●●
           S●●ces
           ;
           together
           with
           a
           Treatise
           of
           Conserves
           ,
           and
           the
           whole
           s●ill
           of
           Past●y-Work
           :
           Englished
           by
           
             I.
             D.
          
           Gent.
           In
           ●●
           .
        
         
           The
           Innocent
           Lord
           ,
           or
           the
           Divine
           ▪
           Providence
           ,
           being
           the
           Incomparable
           History
           of
           Ioseph
           ;
           Englished
           by
           Sir
           
             Wi●●●n
             Lower
          
           In
           8.
           
        
         
           
             Grati
             Falicii
             Cyneg●ti●on
          
           ,
           or
           a
           Po●●●
           of
           Hunting
           ,
           by
           Grat●us
           ,
           the
           Falisci●n
           ,
           Englished
           and
           ●llustrated
           by
           
             Christ●●●●
             Wase
          
           Gen
           In
           ●●
           .
        
         
           Moral
           Discourses
           and
           Essays
           upon
           several
           se●ect
           Subjects
           ,
           by
           
             Thomas
             Culpeper
          
           
             Esq
          
           ●2
        
         
           A
           Learned
           Discourse
           of
           Ceremonies
           ,
           by
           the
           righ●
           Reverend
           ●ather
           in
           God
           ,
           
             Lanc●lo●
             Andre●●
          
           ,
           late
           Bishop
           of
           Winchester
           .
           In
           1●
           .
        
         
           An
           Answer
           to
           two
           Loue
           is
           ▪
           the
           one
           of
           a
           Papist
           ,
           the
           other
           of
           a
           Presbyterian
           ,
           by
           
             Tho.
             Swadli●g
          
           ,
           Dr.
           in
           Divinity
           .
           In
           ●
           .
        
         
           New
           Errors
           made
           palpable
           by
           an
           Old
           Ligh●
           ,
           or
           a
           cheap
           and
           easie
           way
           to
           cure
           the
           Dissenti●ns
           of
           the
           times
           ,
           by
           
             Anthoni●
             Norwood
          
           
             Esq
          
           In
           12.
           
        
         
           A
           short
           and
           plain
           Catechism
           ,
           instructing
           a
           Learner
           of
           Christian
           Religion
           ,
           what
           he
           i●
           to
           believe
           and
           what
           to
           practice
           .
        
         
           The
           Practical
           Re●ister
           ,
           being
           Rules
           ,
           Order●
           ,
           and
           Observations
           ,
           concerning
           the
           general
           practice
           of
           the
           Law
           ▪
           but
           more
           especially
           the
           way
           of
           practice
           in
           the
           Court
           of
           the
           Upper-Bench
           ,
           by
           
             William
             S●yle
          
           of
           the
           Inner
           Temple
           
             Esq
          
           In
           large
           8.
           
        
         
           Two
           Sermons
           :
           the
           first
           ,
           The
           L●adstone
           of
           Mans
           Love
           :
           the
           second
           ,
           The
           Regene●●te
           Mans
           Bliss
           ,
           by
           
             Edward
             Larkin
          
           Minister
           of
           the
           Gospel
           at
           
             Lime
             ▪
             field
             in
             Su●●ie
          
           .
           In
           12.
           
        
         
           A
           Philologicall
           Commentary
           ,
           or
           an
           Illustration
           of
           the
           most
           Obvious
           and
           usefull
           words
           in
           the
           Law
           ,
           by
           
             Edward
             Leigh
          
           
             Esq
          
           the
           second
           Edition
           Corrected
           and
           Inlarged
           .
        
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A50063-e180
           
             1.
             2.
             
             Q.
             97.
             
             Act.
             1.
             
          
           
             Cooks
             preface
             to
             the
             5
             Rep.
             and
             on
             Lit.
             
          
           
             Aqu●nas
             loco
             prius
             ●itato
             Act.
             3.
             
          
        
         
           Notes for div A50063-e420
           
             Qui
             sibimet
             discipulus
             est
             ,
             stultum
             habet
             pro
             magistro
             .
          
           
             *
             Cooks
             preface
             to
             the
             10
             Report
             ,
             and
             Tookers
             case
             2
             Rep.
             Littleton
             
               is
               the
               true
               &
               surest
               Register
               of
               the
               fundaments
               and
               principles
               of
               our
               Law.
            
             Ployd
             .
             Comment
             .
             Wimbesh
             against
             Talbois
             .
          
        
         
           Notes for div A50063-e720
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             475.
             
          
           
             Cowels
             Interp
             .
          
           
             In
             Abeiance
             
               i.
               e.
            
             in
             expectation
             ,
             of
             the
             French
             word
             bayer
             to
             expect
             ,
             Cook
             on
             Lit.
             in
             potentia
             as
             the
             L●gi●ians
             t●rm
             ●t
             ,
             in
             expectation
             or
             consideration
             of
             Law
             
               in
               nubibus
            
             ,
             in
             the
             Cl●uds
             .
             C●●k
             on
             ●i●
             .
             l.
             3
             ▪
             c.
             11.
             sect
             .
             ●46
             .
          
           
             Plo.
             C●m
             ▪
             Sanders
             case
             .
          
           
             C●ok
             ●
             .
             R●p
             .
             Cases
             of
             appeals
             and
             indict
             Sie●s
             42.
             
             B.
             
          
           
             Cook
             on
             Lat.
             l.
             1.
             c.
             8.
             sect
             .
             7●
             ▪
             
          
           
             In
             alta
             proditione
             nullus
             p●test
             esse
             accessorius
             ,
             sed
             principalis
             solummodo
             .
             Fulb.
             praeparat
             .
             5.
             c.
             p.
             43.
             
          
           
             Termes
             of
             Law.
             
          
           
             Cook
             on
             Lit.
             lib.
             2.
             sect
             .
             142.
             
          
           
             Cook.
             2
             Instit
             .
             385.
             
          
           
             Acra
             ●lim
             incerta
             nune
             ve●ò
             certa
             per
             Statut.
             31.
             
             Ed.
             1.
             
          
           
             Actio
             est
             jus
             prosequendi
             in
             judicio
             ,
             quod
             alicui
             debetur
             .
          
           
             Ratione
             objecti
             circa
             quod
             ver
             .
             satur
             .
          
           
             41.
             
             Ass.
             pl.
             15.
             
             〈…〉
             .
             ex
             .
             74.
             
             C●●
             .
             9.
             fol.
             8
             〈…〉
             Fulb.
             para●
             ▪
             second
             pa●
             ▪
             second
             dial
             .
             
               &
               alii
            
             .
          
           
             Fulb.
             par●●●
             ▪
             second
             part
             second
             ●●al
             .
             Cook
             5.
             
             Rep.
             
          
           
             Cook
             4.
             
             Rep.
             actions
             upon
             slander
             .
             5.
             
             Rep.
             Sep.
             cot●
             Case
             .
             Brooks
             Abri
             .
             fol.
             4.
             
             Brook
             ubi
             supra
             .
             Fitz.
             Herbert
             .
             in
             Natura
             Brev.
             hath
             the
             same
             ,
             and
             gives
             this
             ●eason
             ,
             because
             it
             is
             the
             duty
             of
             every
             Arti●icer
             to
             do
             his
             Art
             duly
             ●●●
             truly
             as
             he
             ●●ght
             .
          
           
             Cook
             ●
             .
             Rep.
             Actions
             〈…〉
             slander
             .
             H●b
             Rep.
             ●●l
             .
             126.
             
          
           
             Cook
             ubi
             supra
             .
          
           
             Cook
             4.
             
             Rep.
             actiones
             de
             scandalis
             .
          
           
             Friz
             .
             Herb.
             Nat.
             brev
             .
             Action
             upon
             the
             Case
             .
             Cook
             8
             fol.
             32.
             
             Calyes
             Case
             .
             Id.
             ib.
             
          
           
             T●e
             Master
             hath
             n●
             da●●g●
             by
             p●●s●nall
             battery
             of
             his
             servant
             .
          
           
             Cook
             5.
             fol.
             2●
             .
             Piggots
             case
             .
          
           
             Cook
             5.
             
             Rep
             Princes
             Case
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             sect
             .
             18●
             .
          
           
             Cook
             on
             Littelton
             l.
             3.
             c.
             13.
             sect
             .
             722.
             
          
           
             *
             It
             comes
             of
             an
             old
             French
             word
             
               esscu●er
               .
               i.
               e.
            
             to
             tax
             or
             sine
             Minsh
             .
          
           
             4
             II.
             6.
             10.
             8.
             
             Ed.
             4.
             5.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             4.
             ●●ct
             .
             1●2
             .
             Lit.
             Ten.
             tit
             .
             D●●●er
             &
             l.
             2.
             c.
             4.
             p.
             22.
             
          
           
             Cook
             on
             Lit.
             
               ubi
               supra
            
             .
             Fitz.
             Herb.
             Nat.
             Brev.
             in
             brevi
             de
             rationabili
             auxilio
             .
             Lit.
             Ten.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             1.
             sect
             .
             259.
             ●●t
             .
             Ten.
             l.
             2.
             c.
             4.
             p.
             22
             &
             l.
             4.
             c.
             1.
             p.
             5●
             ,
             57.
             
          
           
             Plowden
             Term.
             Pa●●
             .
             
               a●●o
               4.
            
             
             E.
             6.
             
             Reniger
             against
             〈◊〉
             .
          
           
             Plowden
             ib.
             
          
           
             Alienae
             gentis
             or
             alienae
             ligeantiae
             .
             
               Cook
               on
               Lit.
            
             
          
           
             Cook
             ●
             .
             ●
             .
             Rep.
             〈…〉
             v.
             C●●●
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Iura
             naturalia
             ●ur●
             〈…〉
             vili
             di●imi
             non
             possunt
             .
             
               〈…〉
               nd
               Student
            
             .
          
           
             Cook
             on
             Lit
             ▪
             lib.
             2.
             c.
             11.
             p.
             194.
             
          
           
             Term.
             of
             Law.
             Cook
             ▪
             ●●
             ▪
             Rep.
             
          
           
             Cook
             on
             Lit.
             ●
             .
             2.
             c.
             4.
             sect
             .
             1●3
             .
          
           
             Cook
             on
             Lit
             l.
             3.
             c.
             ●
             .
             sect
             .
             422.
             
          
           
             Cook
             ▪
             2
             Institut
             .
             37.
             
          
           
             I●●●
             ▪
             
          
           
             Cook
             on
             Lit.
             144.
             
          
           
             F●●●
             .
             Herb.
             Na●
             .
             brev
             .
             p.
             152.
             
          
           
             Ployd
             .
             an
             .
             6.
             ●resp
             .
             by
             Browning
             against
             Best●r
             .
          
           
             Plowd
             .
             Comment
             .
             p.
             458.
             
          
           
             6.
             
             H.
             8.
             
             Dy.
             
          
           
             Bacons
             Collection
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             180.
             
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             500.
             
          
           
             Cook
             ubi
             supra
             .
          
           
             An
             Appeal
             is
             called
             but
             a
             suit
             of
             revenge
             ,
             ergo
             not
             much
             sav
             ured
             .
             11
             H.
             4.
             
             1●
             .
             Dr.
             and
             Student
             .
             c.
             48.
             
          
           
             Womans
             Lawyer
             .
             8
             H.
             4.
             18.
             
             Ter●tes
             of
             Law.
             
          
           
             T.
             of
             Law.
             T.
             of
             Law.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             s.
             148.
             
             Cook
             4
             Rep.
             Tyrring
             .
             Case
             .
          
           
             Id
             ib.
             
          
           
             
               Mr
               ▪
            
             Seldens
             notes
             on
             Fortescue
             .
             pag.
             3.
             
          
           
             Cook
             on
             Lit
             ▪
             l.
             2.
             c.
             12.
             sect
             .
             ●2●
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             
          
           
             L.
             Dyer
             ,
             term
             .
             mich
             .
             Anno
             sexto
             Ed.
             6.
             75.
             
          
           
             Dyer
             21●
             Pl.
             ●●
             .
          
           
             Y.
             of
             Law.
             
          
           
             Dr.
             and
             Student
             .
             ●●●
             .
             ●
             .
          
           
             Doderidge
             .
          
           
             Brook.
             abri
             .
             fol.
             182.
             
             B.
             
          
           
             Cook
             6.
             
             Rep
             Countess
             of
             Ratlands
             Case
             .
          
           
             Cook
             9
             Rep
             Earl
             of
             Salops
             Case
             .
          
           
             Cook
             9
             Rep.
             Mackallies
             Case
             .
          
           
             27
             Ass.
             Pl.
             11.
             
          
           
             T.
             of
             Law.
             
          
           
             Term.
             of
             Law.
             
          
           
             Terms
             of
             Law.
             Minish
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             13.
             sect
             .
             745.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             5.
             14.
             
          
           
             S●
             odious
             is
             perjury
             in
             the
             eye
             of
             the
             Common
             Law.
             Cows
             Institut
             .
             Minsh
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             ●
             .
             l.
             1.
             sect
             .
             59.
             
          
           
             Perk.
             187.
             109.
             
          
           
             Of
             the
             French
             tourner
             to
             turn
             :
             therefore
             they
             say
             to
             turn
             Tenant
             Minsh
             .
             Cook
             on
             Lit.
             l.
             3.
             c.
             10.
             sect
             .
             551.
             
          
           
             Regist.
             Orig
             fol.
             87.
             
             Glanvil
             .
             l.
             9.
             cap.
             8.
             
          
           
             West
             .
             1.
             3.
             
             Ed.
             1.
             25.
             
             Ed.
             3.
             11.
             
          
           
             4.
             
             H.
             30.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             10.
             sect
             .
             79.
             
             What
             kinds
             of
             offenders
             may
             be
             bailed
             ,
             See
             Cook
             2
             part
             of
             Instit.
             c.
             15.
             
             Termes
             of
             Law.
             Dalton
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             10.
             sect
             .
             79.
             
             Id.
             l.
             3.
             c.
             1.
             sect
             .
             248.
             
          
           
             ●ook
             on
             Lit.
             l.
             2.
             c.
             3.
             sect
             .
             96.
             
          
           
             Termes
             of
             Law.
             
          
           
             Fitz.
             Nat.
             brev
             .
             98.
             
             K.
             
          
           
             1
             H.
             7.
             9.
             6
             
             E.
             6.
             71.
             
             Dy.
             14
             H.
             8.
             1.
             33
             
             H.
             8.
             
             Br.
             Reservant
             .
             39.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             13.
             sect
             .
             708.
             
          
           
             The
             word
             is
             derived
             of
             Barret
             which
             signifieth
             a
             quarrell
             ,
             a
             barretroubler
             ,
             or
             barre-ste●der
             .
             Cook
             on
             Lit.
             l.
             3.
             c.
             13
             ▪
             sect
             .
             701.
             
          
           
             Cook
             8.
             
             Rep.
             Barrets
             Case
             .
             p.
             37.
             
             He
             causeth
             men
             to
             be
             troubled
             at
             the
             Barre
             ,
             Minsh
             .
          
           
             Vitilitigator
             quasi
             vitiose
             litigator
             .
          
           
             Either
             from
             the
             French
             Bastard
             ,
             as
             Cowelin
             instit
             .
             or
             from
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               Meretrix
               quia
               procreatur
               ex
               mretrice
            
             .
             Cook
             on
             Lit.
             Cook
             8
             Rep.
             Letchfords
             Case
             .
             Stat.
             20.
             
             H.
             3.
             9.
             
             Cook
             preface
             to
             his
             4
             Rep.
             
          
           
             Smiths
             Common-wealth
             of
             England
             .
             Terms
             of
             Law.
             
          
           
             To
             the
             end
             of
             the
             first
             Session
             of
             next
             Parliament
             .
          
           
             Dalton
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Id.
             ib.
             
          
           
             
               Septimo
               Jacobi
            
             c.
             4.
             and
             for
             the
             second
             offence
             to
             be
             committed
             to
             the
             house
             of
             Correction
             ,
             till
             ,
             &c.
             
          
           
             Daltons
             Iust.
             of
             P.
             
          
           
             There
             are
             two
             Statutes
             for
             it
             ,
             25
             H.
             8.
             revived
             ,
             3
             Eliz.
             17.
             
             Fitz.
             Nat.
             brev
             .
             269.
             
             ●
             .
             Dalton
             .
          
           
             Cook
             on
             L●●
             .
             l.
             2.
             c.
             10.
             sect
             .
             16.
             
          
           
             It
             is
             derived
             of
             burgh
             a
             house
             ,
             and
             ●aron
             a
             thief
             .
             Cook
             4
             Rep.
             as
             if
             one
             break
             down
             a
             window
             to
             book
             out
             any
             thing
             .
             Cooks
             Case
             of
             Appeal
             and
             Indictments
             .
             
               4
               th
            
             Rep.
             
          
           
             Id.
             ubi
             supra
             .
          
           
             Stamford
             .
          
           
             Dalton
             .
             18
             Eli.
             c.
             6.
             
          
           
             Lit.
             Te●
             .
             l.
             2.
             c.
             1●
             .
             So
             called
             ,
             beecause
             this
             custom
             was
             first
             (
             as
             some
             hold
             )
             in
             England
             .
             Cook
             on
             Lit.
             p.
             
               11●
               .
               B.
            
             Cook
             on
             Lit.
             l.
             2.
             c.
             10
             ,
             sect
             .
             165.
             
          
           
             L.
             Dy.
             term
             .
             Pasch.
             in
             2.
             
             Reg.
             Eliz.
             
          
           
             Cook
             6
             Rep.
             Gorges
             case
             
          
           
             Cook
             on
             L●●
             .
             l.
             2.
             c.
             9.
             sect
             .
             159.
             
          
           
             L.
             Dyer
             ●
             ,
             44.
             
             A.
             
          
           
             L.
             Dyer
             p.
             144.
             
             B.
             
          
           
             Cook
             on
             Lit.
             p.
             5.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             234.
             
          
           
             In
             savorem
             vitae
             .
          
           
             Magna
             Charta
             saith
             per
             judicium
             Parium
             suorum
             .
          
           
             Cook
             ub●
             supra
             ▪
             
          
           
             Cook
             2
             part
             of
             Instit.
             c.
             3.
             
          
           
             Cook
             on
             Lit.
             lib.
             3.
             c.
             8.
             sect
             .
             500.
             
             Lamberts
             Iust.
             of
             P.
             It
             cometh
             of
             two
             French
             words
             ,
             that
             is
             ,
             
               ●apsus
               &
               mes●er
               ,
               id
               est
               ,
               miscere
               .
            
          
           
             Cowells
             Interpr
             .
             Stamford
             Pr●erog
             .
             c.
             16
             But
             so
             shall
             n●t
             h
             〈…〉
             that
             killeth
             one
             that
             would
             r●b
             him
             in
             his
             house
             ,
             or
             the
             Officer
             which
             killed
             one
             that
             will
             not
             be
             arrested
             .
          
           
             Perkins
             tit
             .
             eschanges
             .
             p.
             58.
             
          
           
             Terms
             of
             Law.
             
          
           
             ●ook
             on
             Lit.
             ●
             .
             2.
             c.
             4.
             sect
             .
             108.
             and
             epist.
             8
             Rep.
             and
             Proeme
             to
             his
             2
             part
             of
             Instit.
             
          
           
             Iudge
             Doderidge
             .
             Cook
             on
             Lit.
             
               ubi
               supra
            
             .
          
           
             Termes
             of
             Law.
             
          
           
             Cook
             on
             9
             Rep.
             Anna
             Bedingfields
             Case
             .
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             s.
             1.
             
             Lord
             Buckhursts
             Case
             .
             1
             Rep.
             1.
             
          
           
             Cowells
             interp
             .
             verb.
             Cattalls
             .
             Kitchin
             fo
             .
             
               32.
               verb.
            
             Catalla
             .
          
           
             Cook
             on
             Lit.
             lib.
             2.
             c.
             11.
             sect
             .
             177.
             
             Bona
             includes
             all
             Chattels
             ,
             as
             well
             real
             ,
             as
             personal
             .
             Id
             ib.
             
          
           
             Cook
             on
             Lit.
             
               ubi
               supra
            
             .
          
           
             Dr.
             Cowels
             interp
             .
             Kitchin.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             209.
             
             T.
             of
             Law.
             
          
           
             Bacons
             use
             of
             the
             Law.
             p.
             22.
             
          
           
             *
             Horse
             or
             mare-stea●ers
             shall
             not
             have
             their
             Clergy
             ,
             because
             horses
             are
             for
             publick
             service
             and
             commerce
             .
             2.
             
             The
             thief
             by
             them
             is
             armed
             to
             do
             mischief
             .
             Stamford
             pl.
             of
             Cr.
             l.
             2.
             c.
             
               43.
               
               Id.
               C.
               ●4
            
             .
             Stamford
             ib.
             c.
             45.
             
          
           
             Dyer
             term
             .
             Pasch.
             ann
             .
             Mariae
             p.
             99
             L.
             Dyer
             term
             .
             Michael
             .
             Annis
             3.
             
             &
             4
             Reg.
             Eliz.
             
          
           
             Frust●
             a
             Legi
             ▪
             au●ilium
             implo●at
             ,
             qui
             commi●tit
             in
             legem
             .
          
           
             Ployd
             .
             Com.
             Dive
             against
             Manyngh
             .
             f
             64.
             
             A
             68.
             
             A.
             
          
           
             Termes
             of
             Law.
             
          
           
             Cook
             ●n
             lat
             .
             l.
             3.
             c.
             5.
             sect
             .
             352.
             
          
           
             Cook
             on
             Littlet●n
             l.
             3.
             c.
             5.
             sect
             .
             352.
             
          
           
             Lit.
             l.
             3.
             c.
             5.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             9.
             sect
             .
             515.
             
          
           
             Fit.
             N.
             bre
             .
             s.
             169.
             
          
           
             Cook
             l.
             9.
             of
             Rep.
             Beaumonts
             Case
             .
             142.
             
          
           
             Confiscare
             i.
             e.
             conferre
             in
             fiscum
             .
             Fiscus
             propriè
             principis
             est
             ,
             aera●ium
             rei
             publicae
             .
             T●it●s
             ille
             Pli●ii
             l●●us
             ad
             ●●●●anum
             &
             fortasse
             eadem
             severitate
             ●●●●um
             qua
             aerarium
             ●●●i●es
             .
             Cook
             5.
             
             Rep.
             Foxleys
             Case
             .
             S●am
             .
             Pl.
             ●●●r
             .
             l.
             3.
             c.
             ●4
             .
          
           
             I.
             Doderig
             .
          
           
             Cook
             8
             Rep.
             Grieslies
             .
             Case
             .
          
           
             Dalt
             .
             Iust.
             of
             P.
             
          
           
             Contractus
             est
             quasi
             actus
             contra
             actum
             .
             Cook.
             
          
           
             D.
             and
             Student
             ▪
             cap.
             4.
             
          
           
             L.
             Dyer
             termin
             .
             Michael
             Anno
             6
             E.
             6.
             
             P.
             76
             
          
           
             
               The
               Tenants
               thereof
               do
               hold
            
             per
             copiam
             rotulorum
             Domini
             .
          
           
             Cook
             on
             Lit.
             p.
             63.
             
          
           
             It
             is
             an
             estate
             of
             inheritance
             ,
             
               secundum
               quid
            
             .
             Cook
             4
             Rep.
             Copy-hold
             case
             .
          
           
             Cook
             9
             Rep.
             Combes
             case
             .
          
           
             35
             Eliz.
             c.
             1.
             
          
           
             His
             Name
             is
             derived
             
               à
               Corona
            
             ,
             because
             he
             is
             an
             Officer
             of
             the
             Crown
             ,
             and
             hath
             ●●nusance
             of
             some
             Pleas
             ,
             which
             are
             called
             
               Placita
               Coronae
            
             .
             Cooks
             2
             part
             of
             Instit.
             c.
             17.
             
             See
             more
             there
             .
             He
             is
             s●
             called
             ,
             because
             he
             deals
             principally
             with
             Pleas
             of
             the
             Crown
             ,
             o●
             matters
             concerning
             the
             Crown
             .
             Cooks
             4
             part
             of
             Instit.
             c.
             59.
             
             T.
             of
             Law.
             
          
           
             Smiths
             Common-wealth
             of
             England
             ▪
             c.
             24
             
          
           
             Daltons
             Iust.
             of
             P.
             
          
           
             T.
             of
             Law.
             
          
           
             Fulb.
             Law
             of
             Nature
             .
             8.
             c.
             
          
           
             Daltons
             Iust.
             of
             P.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             12.
             sect
             .
             678.
             
             Plowd
             .
             fol.
             54.
             b.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             10.
             
          
           
             Cook
             on
             Li●
             ▪
             l.
             2.
             c.
             10.
             sect
             .
             124.
             
          
           
             ●
             cometh
             of
             he
             Latin
             uria
             which
             ●so
             is
             etched
             from
             cura
             (
             as
             Valla
             writeth
             )
             whereby
             it
             is
             notified
             that
             heed
             and
             care
             ought
             to
             be
             taken
             in
             the
             deciding
             of
             controversies
             .
          
           
             Wherein
             are
             holden
             all
             common
             Pleas
             between
             Subject
             and
             Subject
             of
             all
             matters
             of
             common
             Law
             so
             called
             ,
             for
             that
             it
             serveth
             for
             the
             exact
             and
             precise
             administration
             of
             the
             common
             Law
             ,
             Smiths
             common-wealth
             of
             England
             .
          
           
             Smiths
             Common-wealth
             of
             
               England
               ,
               camera
               stellata
            
             ,
             or
             of
             the
             Latin
             word
             stellio
             ,
             a
             starry
             Beast
             ,
             whence
             c●senage
             is
             called
             by
             the
             Civilians
             crim●n
             stellionatus
             ,
             because
             that
             sinne
             is
             punished
             in
             this
             Court
             ,
             Lamb.
             Iur.
             of
             Cour.
             
          
           
             Cook
             11
             Rep.
             Godferys
             case
             .
          
           
             Iudge
             Doderidge
             .
          
           
             It
             is
             called
             courtesie
             of
             England
             ,
             because
             it
             is
             not
             used
             in
             any
             other
             Realm
             ,
             some
             say
             he
             shall
             not
             be
             Tenant
             by
             the
             courtesie
             ,
             unless
             the
             Child
             which
             he
             hath
             by
             his
             Wife
             be
             heard
             cry
             ,
             for
             by
             the
             cry
             it
             is
             proved
             that
             the
             child
             was
             born
             alive
             ,
             Lit.
             
               Nam
               dicunt
            
             E
             vel
             A
             
               quotquot
               nascuntur
               ab
               Eva.
            
             
          
           
             Cook
             ib.
             &
             Pains
             case
             .
          
           
             
               Perkins
               fol.
            
             90.
             b.
             &
             91.
             a.
             
          
           
             Cooks
             2
             part
             of
             the
             Institutes
             c.
             30.
             
          
           
             Cook
             on
             Lit.
             lib.
             2.
             
             ●
             .
             10.
             sect
             .
             165.
             
          
           
             Sir
             Iohn
             Davis
             his
             Reports
             .
             Cook
             ubi
             supra
             .
          
           
             The
             commencement
             of
             a
             custom
             must
             be
             upon
             a
             reasonable
             ground
             and
             cause
             .
             
               Consuetudo
               contra
               rationem
               introducta
               po●ius
               usurpatio
               quam
               consue●udo
               appellari
               ●●●er
               .
            
             Sir
             
               John
               Davis
            
             Rep.
             Case
             ●f
             ●anistry
             .
             Davis
             
               ubi
               supra
            
             .
          
           
             See
             him
             .
          
           
             Malus
             usus
             abolendus
             est
             .
          
           
             Davis
             ib.
             
          
           
             Consuetudo
             
               is
               nothing
               else
               but
            
             communis
             assuetudo
             .
          
           
             The
             particular
             and
             approved
             custom
             of
             every
             Nation
             is
             the
             most
             usual
             binding
             and
             assured
             Law.
             
               Cook
               pref
               .
               to
               5
               Rep.
            
             Dr.
             and
             Student
             .
             c.
             6.
             
          
           
             Cook
             7
             Rep.
             case
             of
             Swans
             .
          
           
             Cook
             8
             Rep.
             case
             of
             the
             City
             of
             London
             .
          
           
             Consuetudo
             loci
             est
             observanda
             .
             
               Camb.
               Brit.
               in
               Glocestershire
            
             .
          
           
             Cambden
             in
             Suffolk
             .
          
           
             D.
             &
             Student
             c.
             10
             
          
           
             Termes
             of
             Law.
             
          
           
             Suidas
             .
          
           
             D.
             and
             Student
             .
          
           
             Cook
             on
             Lit
             
          
           
             Cook
             9
             Rep.
             Pin●hons
             case
             .
          
           
             Fitzh
             .
             Na.
             Br●tu
             .
             Det.
             
          
           
             Id.
             Ib.
             
          
           
             Qui
             sentir
             commodum
             sentire
             debet
             &
             onus
             .
          
           
             Cook
             lib.
             8.
             
             Rep.
             p.
             147.
             
          
           
             Factum
             un
             fait
             it
             is
             called
             of
             the
             Civilians
             
               literarum
               obligatio
            
             .
             Cook
             on
             Lit.
             l.
             1.
             c.
             5.
             sect
             .
             40.
             
          
           
             Traditio
             loqui
             facit
             Chartam
             .
          
           
             In
             Deeds
             the
             Delivery
             is
             to
             be
             proved
             .
          
           
             Cook
             2
             Rep.
             Goddards
             Case
             .
          
           
             Cook
             5
             Rep.
             Wyndams
             Case
             .
          
           
             Which
             division
             groweth
             from
             the
             form
             or
             fashion
             of
             them
             .
             West
             .
             part
             1.
             
             Symb.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             5.
             sect
             .
             3
             ●0
             .
          
           
             Cook
             ubi
             supra
             .
             And
             Cook
             5
             Rep.
             Stiles
             case
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             cap.
             7.
             sect
             .
             438.
             
          
           
             Bacons
             Collections
             of
             the
             Law.
             
          
           
             Id.
             use
             of
             the
             Law.
             
          
           
             Cook
             on
             Lit.
             cap.
             11.
             sect
             .
             198.
             
          
           
             Cook
             Calvins
             Case
             .
          
           
             Quasi
             Deo
             dandum
             ,
             
               i.
               e.
            
             in
             eleemosynas
             erogandum
             .
          
           
             Where
             a
             man
             killeth
             another
             with
             the
             sword
             of
             ●
             .
             at
             stile
             ,
             the
             sword
             shall
             be
             forfeit
             as
             a
             Deodand
             D.
             and
             Student
             .
             c.
             51.
             
          
           
             Cook
             on
             ●i●
             .
             l.
             2.
             c.
             11.
             sect
             .
             2●2
             .
             Dicitur
             
               à
               detinendo
            
             because
             detinet
             is
             the
             principall
             word
             in
             the
             W●●t
             .
          
           
             Cook
             on
             Lit.
             Cook
             4
             Rep.
             S●uth●●tes
             Case
             .
          
           
             Minishew
             .
          
           
             Cook
             on
             Lat.
             l.
             2.
             c.
             10.
             
          
           
             Lit.
             Ten.
             l.
             3.
             c.
             10.
             p.
             123.
             
             
               Sect.
               55●
            
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Fulbecks
             prepar
             .
             Id.
             ib.
             
          
           
             Fulbecks
             parallel
             .
          
           
             Lit.
             l.
             2.
             c.
             10.
             
          
           
             Ployden
             p.
             413.
             
          
           
             Exceptio
             .
          
           
             Perkins
             ●●●
             .
             of
             testam
             .
             p.
             92.
             
             ●
             ▪
             
          
           
             Termes
             of
             Law.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             3.
             sect
             .
             287.
             
          
           
             Cooks
             5
             Rep
             Rooks
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             cap.
             11.
             sect
             .
             592.
             
          
           
             Termes
             of
             Law.
             
          
           
             Cook
             on
             Lit
             l.
             2.
             c.
             4.
             sect
             .
             188.
             
          
           
             Cook
             on
             Lit.
             lib.
             3.
             c.
             8.
             sect
             .
             475.
             
             Cooks
             case
             of
             execuors
             .
             5
             Rep.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             6.
             sect
             .
             136.
             
          
           
             Of
             what
             things
             a
             didress
             may
             be
             taken
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             
             〈…〉
             .
             5●
             .
          
           
             Cook
             7
             Rep.
             cases
             vpon
             the
             Statute
             and
             ●
             Rep.
             ●●●●allyes
             Case
             ,
             and
             ●n
             l●●
             .
             l.
             2.
             c.
             1●
             .
          
           
             Ridly
             of
             the
             Civil
             Law.
             Cook
             on
             Lit.
             
          
           
             Buries
             case
             5
             Rep.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             5.
             sect
             .
             38●
             .
             and
             ●
             Rep.
             Kennes
             case
             .
          
           
             Brac.
             l.
             4.
             tract
             .
             3.
             c.
             9.
             n.
             5.
             
          
           
             I
             ambert
             in
             his
             perambulation
             of
             Kent
             .
          
           
             Camb.
             Brit.
             
          
           
             Liber
             
               Dome
               ▪
               Dei
            
             varie
             app●llatur
             ,
             viz.
             
               Censuali●
               Angliae
               ,
               Ro●ulus
               Win●oni●
               ,
               〈…〉
               :
               Angli●
               notitia
            
             &
             
               Liber
               Judiciarius
            
             ,
             〈…〉
             in
             Anglici
             enim
             ●●●●●
             Archi●is
             augustissimum
             &
             〈…〉
             a
             i●●d●●
             Crinelia
             monumentum
             prostat
             〈…〉
             R●●ni
             anti●ua
             p●litia
             antiquarum
             legum
             &
             v
             〈…〉
             ●●nsu●tudinum
             verae
             Origines
             &
             solidissima
             fundamen●●
             〈…〉
             sunt
             continentur
             iste
             ingens
             duobus
             Tomis
             sive
             〈…〉
             thesaurus
             ,
             &
             in
             ips●s
             s●accarii
             magni
             Angliae
             fisci●●a●ibus
             s●●●ma
             cum
             vigilantia
             &
             cautela
             reponitur
             Dominus
             Simonds
             ●eus
             in
             Epist●la
             manuscripti
             istius
             praefixa
             .
          
           
             Cook
             on
             Lit.
             li.
             1.
             cap.
             5.
             sect
             .
             3●
             .
          
           
             D●s
             is
             derived
             
               ex
               donatione
               ,
               &
               es●
               quasi
               donarium
               ,
            
             because
             the
             Law
             it self
             giveth
             it
             to
             her
             .
          
           
             Id.
             sect
             .
             53.
             
          
           
             Id
             sect
             .
             35.
             
          
           
             Cook
             on
             Lit.
             Fulbecks
             p●epar
             .
          
           
             An.
             4.
             
             Iac.
             5.
             c.
             made
             perpetuall
             by
             21.
             
             Iac.
             7.
             6.
             
          
           
             
               Ex
               duritia
            
             of
             straight
             imprisonment
             or
             hard
             intreaty
             .
             Doderidge
             .
          
           
             Fitz.
             Nat.
             Brev.
             32.
             c.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             6.
             sect
             .
             133.
             
          
           
             Terms
             of
             ●●●
             .
          
           
             Fulbeeks
             prepar
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             319.
             
          
           
             Dyer
             fol.
             18.
             104.
             
          
           
             21
             H.
             7.
             19.
             
          
           
             Cook
             l.
             5.
             
             Rep.
             fol.
             59
             
          
           
             Cowel
             Instit.
             
          
           
             Cowels
             Interpreter
             .
          
           
             Some
             derive
             it
             from
             the
             word
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             to
             accuse
             .
          
           
             If
             it
             be
             uncertain
             ,
             it
             is
             not
             good
             .
             Stamford
             pl.
             of
             Cr.
             l.
             2.
             c.
             30.
             
          
           
             Stam.
             ubi
             supra
             .
          
           
             Brooks
             abr
             .
             4
             Rep.
             cases
             of
             Appeals
             and
             Indict
             .
          
           
             Cook
             7
             Rep.
             Calv.
             Case
             .
          
           
             Stamford
             pl.
             of
             Cr.
             
          
           
             
               Vi
               &
               armis
            
             must
             ●e
             in
             all
             Endictmen●●●●
             treason
             ,
             murder
             ,
             selony
             ▪
             〈…〉
             else
             it
             is
             not
             good
             .
             D.
             and
             Student
             .
             c.
             5.
             4.
             
          
           
             Ad
             proximum
             antecedens
             fiat
             relatio
             .
          
           
             Lambert
             .
             Eirenarch
             .
             494
             ,
             495.
             
          
           
             Cook
             on
             Lit.
             p.
             137.
             
          
           
             Ad
             ea
             quae
             frequentius
             accidunt
             jura
             adaptantur
             .
          
           
             D.
             and
             Student
             .
             c.
             16.
             
             If
             he
             be
             commited
             for
             felony
             .
             Plowden
             term
             .
             Hil.
             in
             quarto
             .
             Ed.
             6.
             
             Renig
             .
             against
             Fogassa
             .
          
           
             Stamford
             ▪
             pl.
             of
             Cr.
             
          
           
             Id.
             pl.
             of
             Cr.
             l.
             1.
             c.
             33.
             
          
           
             L.
             Dyer
             .
             Term.
             Hill.
             an
             .
             4.
             
             Reg.
             Eliz.
             
          
           
             Cook
             Rigewayes
             Case
             .
             3
             Rep.
             
          
           
             Cook
             Boytons
             Case
             .
             3
             Rep.
             
          
           
             Plowd
             .
             Commen
             .
             Plato's
             Case
             .
          
           
             Cook
             on
             Lit.
             p.
             31
             &
             492.
             
          
           
             Escheats
             by
             Civilians
             are
             called
             caduca
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             sect
             .
             4.
             
          
           
             Id.
             l.
             2.
             c.
             5.
             sect
             .
             130.
             
          
           
             
               Status
               dicitur
               à
               stando
            
             because
             it
             is
             fixed
             and
             permanent
             .
             Cook
             on
             Lit.
             
          
           
             See
             Cooks
             2
             part
             of
             Instit.
             c.
             12.
             
          
           
             Cook
             2
             Rep.
             Goddards
             Case
             .
          
           
             
               à
               Gallico
               estouer
               ,
               id
               est
               fovere
               ma●eriam
               exhibere
               .
            
             
               
                 See
                 Cooks
              
               2
               
                 part
                 of
                 Instit.
                 c.
              
               7.
               
               Vide
               vossium
               de
               vitiis
               Sermonis
               .
               l.
               2.
               c.
               7.
               
            
             
               Bracton
               l.
               3.
               c.
               18.
               
            
             
               Animalia
               vagrantia
               
                 Bracton
                 or
              
               vacantia
               
                 as
                 others
                 call
                 them
              
               ,
               quia
               Domino
               vacare
               debent
               .
            
          
           
             The
             Common
             Law
             extendeth
             derelictum
             both
             to
             that
             which
             is
             voluntarily
             forsaken
             ,
             and
             to
             that
             which
             is
             waived
             and
             left
             by
             necessity
             .
          
           
             An
             Executor
             of
             a
             last
             Will
             and
             Testament
             executing
             and
             performing
             the
             Will
             of
             the
             dead
             Iudg
             Doderidge
             .
          
           
             Debts
             due
             by
             obligation
             ,
             shall
             be
             payed
             by
             Executors
             before
             debts
             by
             single
             contract
             ,
             and
             they
             before
             Legacies
             Cook
             9
             Rep.
             Duchons
             Case
             .
             Cook
             8
             Rep.
             Tamors
             Case
             .
             Cook
             on
             Lit.
             p.
             55.
             
             Cook
             8
             Rep.
             Nedhams
             Case
             .
          
           
             
               Smiths
               Common-wealth
               of
            
             England
             .
             Quod
             non
             est
             debitum
             vel
             quod
             est
             ultra
             detum
             ,
             vel
             ante
             tempus
             quod
             est
             debitum
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             485.
             
          
           
             Cook
             on
             Lit.
             lib.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Pl.
             Com.
             169.
             
          
           
             Br.
             Grant.
             155.
             
          
           
             In
             the
             civil
             Law
             is
             called
             fidelitas
             .
             Cook
             l
             ▪
             4.
             
             Berits
             case
             ,
             and
             on
             Lit.
             l.
             2.
             c.
             2.
             sect
             .
             91.
             
          
           
             Littleton
             and
             Cook
             n
             Lit.
             
          
           
             Ridleys
             view
             of
             the
             Civil
             Law.
             
          
           
             Nec
             Gothicam
             Feudi
             vocem
             abhorream
             ;
             Ed
             significatur
             genus
             clientelae
             ,
             quo
             vel
             praedium
             ,
             cui
             quam
             datur
             ,
             ut
             &
             auctorem
             agnoscant
             caput
             ,
             honorem
             ,
             at
             vel
             dignitas
             ,
             vel
             vectigal
             ipsi
             ,
             &
             posteri
             ,
             beneficii
             pro
             patrono
             ,
             ejusque
             fortunas
             defendant
             ,
             Vossius
             De
             vitiu
             Sermo●nis
             l.
             1.
             c.
             7.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             
          
           
             Id.
             ubi
             supr●
             .
          
           
             Haereditas
             corporata
             .
          
           
             Haereditas
             incorporata
             .
          
           
             A
             plow
             or
             hide
             of
             land
             which
             is
             all
             one
             ,
             is
             as
             much
             as
             one
             may
             plow
             in
             one
             year
             .
          
           
             Cook
             9
             Rep.
             Lowes
             case
             .
          
           
             It
             is
             derived
             of
             foedum
             
               quia
               est
               donatio
               foedi
            
             .
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Perkins
             tit
             .
             Fe●ffments
             .
          
           
             Id.
             Ib.
             
          
           
             Termes
             of
             Law.
             
               Ideo
               dicta
               est
               felonia
               ,
               quia
               fieri
               debet
               felleo
               animo
               .
            
             Cooks
             4
             R.
             Bedlies
             Case
             .
             Cook
             on
             Lit.
             3.
             p.
             392.
             
             Cooks
             7
             R.
             Cases
             of
             Swans
             .
          
           
             But
             a
             trespass
             .
          
           
             Stamford
             pl.
             of
             Cr.
             p.
             1.
             c.
             1.
             
          
           
             Id.
             Ib.
             Quam
             varia
             sunt
             feloniarum
             genera
             ,
             Henricus
             Spelmannus
             ,
             eques
             Auratus
             in
             eruditissimo
             suo
             Glossari●
             ostendit
             .
             Vossius
             De
             vitiis
             Sermonis
             .
             l.
             2.
             c.
             6.
             
          
           
             Quod
             suspendatur
             per
             collum
             .
          
           
             Cook
             4
             Rep.
             Beverlies
             case
             ,
             and
             on
             Lit.
             By
             the
             Statute
             ,
             
               de
               donis
               conditionalibus
            
             ,
             lands
             int●●iled
             are
             not
             forfeited
             for
             felony
             ,
             but
             for
             the
             life
             of
             Tenant
             in
             Ta●
             the
             Inheritance
             is
             preserved
             to
             the
             issues
             .
          
           
             This
             Statute
             to
             continue
             untill
             the
             first
             Session
             of
             the
             next
             Farliament
             Portescue
             .
             
               de
               laud.
               leg
               Ang.
            
             
          
           
             Stamf.
             l.
             1.
             pl.
             of
             Cr.
             c.
             4.
             
          
           
             Cook
             1
             Rep.
             Shellies
             case
             .
          
           
             Cook
             8
             Rep.
             Keechers
             Case
             .
          
           
             Cook
             on
             Lit.
             lib.
             1.
             cap.
             9.
             sect
             .
             74.
             
          
           
             Stamsord
             pl.
             o●
             Cr.
             l.
             3.
             cap.
             2.
             
             Stam●
             .
             of
             prero
             .
             c.
             16.
             
          
           
             29
             E.
             3.
             29.
             37
             
             H.
             8.
             
             Stam●
             .
             fol.
             186.
             4.
             
          
           
             Cook
             l.
             5.
             
             Sir
             Henry
             Constables
             Case
             .
          
           
             Ubi
             sactum
             nullum
             ibi
             ●ortia
             nulla
             There
             is
             a
             difference
             in
             the
             Common
             Law
             betwixt
             publick
             and
             open
             force
             .
          
           
             Cook
             onl
             it
             .
             l.
             3.
             c.
             11.
             sect
             .
             595.
             
          
           
             Cook
             l.
             10.
             
             Rep.
             
          
           
             An.
             15.
             
             Rich.
             2.
             c.
             4.
             
             An.
             8.
             
             Hen.
             5.
             
          
           
             Cook
             on
             ●●●
             .
          
           
             Cook
             8
             Rep.
             Case
             of
             the
             City
             of
             London
             .
          
           
             Cook
             3
             Rep.
             Rigewayes
             Case
             .
          
           
             Versteganus
             de
             ●nt
             .
          
           
             Lamberts
             perambul
             ,
             of
             Kent
             Verstegan
             .
          
           
             Cook
             on
             Lit.
             
          
           
             ●amd
             .
             Brit.
             and
             Lamb.
             perambul
             .
             of
             Kent
             .
          
           
             D.
             and
             Student
             .
             ●
             .
             10.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             10.
             sect
             .
             105.
             
          
           
             Cook
             ●
             Rep.
             Shelleys
             Case
             .
          
           
             Cook
             9
             Rep.
             Gregs
             case
             .
          
           
             So
             called
             because
             it
             is
             the
             most
             honourable
             and
             worthy
             service
             that
             a
             Tenant
             may
             d●
             .
          
           
             Camd.
             in
             Lincolnshire
             .
          
           
             Quaelibet
             concessio
             fortissimè
             contra
             donatorem
             interpretanda
             est
             .
          
           
             Cook
             on
             Lit.
             lib.
             3.
             c.
             3.
             sect
             .
             283.
             
          
           
             Id.
             ib.
             
          
           
             Cook
             6
             Re.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             
             ●
             .
             0.
             sect
             .
             314.
             
          
           
             Perk
             of
             Grants
             .
          
           
             Cook
             6
             Rep.
             Sanders
             Case
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Fitz.
             Nat.
             brev
             .
             tit
             .
             Common
             L.
             180.
             
             B.
             
          
           
             1
             Mar.
             Dy.
             91.
             
          
           
             Cook
             9
             Rep-Earl
             of
             Salops
             Case
             .
             Cook
             4
             Rep.
             Bozouns
             Case
             .
          
           
             Perkins
             tit
             .
             Grants
             .
          
           
             38
             Ed.
             3.
             6.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             cap.
             3.
             sect
             .
             287.
             
          
           
             D.
             and
             Student
             .
             c.
             9
             
          
           
             Cooks
             8
             Re.
             Talbots
             Case
             .
          
           
             Cook
             on
             Lit.
             l.
             3
             c.
             3.
             p.
             185.
             
             B.
             
          
           
             Cook
             on
             Lit.
             lib.
             1.
             cap.
             1.
             sect
             .
             1.
             
          
           
             Haeres
             dicitur
             ab
             haerendo
             ,
             quia
             qui
             haeres
             est
             haeret
             ,
             id
             est
             ,
             proximus
             est
             sanguine
             ,
             illi
             cujus
             est
             haeres
             .
          
           
             Id.
             Ib.
             
          
           
             Cook
             ●
             Rep.
             R●t●liff●s
             Case
             .
          
           
             
               Soror
               est
               haeres
               facta
            
             ,
             therefore
             some
             act
             must
             be
             done
             to
             make
             her
             Heir
             ,
             and
             the
             younger
             Brother
             is
             
               haeres
               natus
            
             ,
             if
             no
             Act
             be
             done
             to
             the
             contrary
             .
          
           
             Cook
             
               ubi
               supra
            
             ,
             and
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             8.
             
             
               Possessio
               quasi
               pedis
               posi●io
            
             .
             Cook
             l.
             7.
             of
             R●p
             .
             Ca●v
             .
             case
             .
             and
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             8.
             
          
           
             Cook
             Lit.
             6.
             16.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             2.
             
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Solus
             Deus
             facit
             haeredes
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             12.
             sect
             .
             267.
             
          
           
             Homage
             ,
             is
             derived
             of
             homo
             ,
             and
             is
             called
             homage
             ,
             because
             when
             he
             doth
             this
             service
             ,
             he
             saith
             ,
             I
             become
             your
             man
             ,
             and
             in
             English
             homage
             is
             called
             man-hood
             ;
             as
             the
             man-hood
             of
             his
             Tenant
             ,
             and
             the
             homage
             of
             his
             Tenant
             is
             all
             one
             .
             Cook
             on
             Little
             〈…〉
             n
             ibidem
             .
          
           
             Cook
             ubi
             supra
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             
          
           
             Stamf.
             pl.
             of
             Cr.
             l.
             1.
             and
             Pulton
             de
             pace
             Regis
             .
          
           
             Brooks
             abr
             .
             f.
             177.
             and
             Stamf.
             
          
           
             Stamford
             and
             Pulton
             ▪
             
          
           
             Delinquens
             per
             iram
             provocatus
             puriri
             debet
             mitius
             .
             The
             chief
             reason
             why
             
               seipsum
               ●esen●lendo
               is
            
             not
             matter
             of
             justification
             ,
             is
             because
             Law
             supposeth
             it
             hath
             a
             commencement
             upon
             an
             unlawfull
             cause
             .
          
           
             Cook
             5
             〈…〉
             .
             of
             Rep.
             S●mains
             Case
             .
          
           
             Cook
             11.
             
             Rep.
             Bowls
             Case
             .
          
           
             Lambert
             .
          
           
             Cowel
             Instit
             .
          
           
             See
             Cook
             's
             3
             part
             of
             Institutes
             c.
             52.
             
          
           
             Smiths
             Common-wealth
             of
             England
             .
          
           
             Cook
             7
             Re.
             Cases
             on
             the
             Statute
             .
             Hundredum
             saepe
             legas
             in
             Anglicorum
             Regum
             diplomatibus
             ,
             &
             ejus
             gentis
             scriptoribus
             .
             Significat
             verò
             
               partem
               comitatus
            
             ,
             in
             qua
             habitarent
             centum
             Regij
             fide
             jussores
             .
             Explicati
             us
             plen●
             de
             eo
             Spelmannus
             .
             Vossius
             .
             De
             vitijs
             Sermonis
             l.
             2.
             c.
             9.
             
          
           
             Stamf.
             prae
             .
             r●g
             .
             Reg.
             ●
             .
             9
             
          
           
             Fitz.
             N.
             b.
             fol.
             232.
             
          
           
             Cook
             4
             Rep.
             Beverlies
             Case
             .
             Fitz.
             Herb.
             H
             ●
             .
             brev
             .
             p.
             233.
             
          
           
             T●●m
             .
             of
             Law.
             
          
           
             Stamf.
             Prae.
             r●g
             .
             Reg.
             c.
             9
             Cook
             4
             Rep.
             Beverlies
             Case
             .
          
           
             Plowd
             .
             Cominent
             .
             p.
             anu
             .
             E.
             6.
             
             Reniger
             against
             Fogassa
             .
          
           
             Lamb.
             Iust
             ▪
             of
             Peace
             .
          
           
             Id.
             ib.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             7.
             sect
             .
             438.
             
          
           
             Cook.
             Lechfords
             Case
             .
             8
             Rep.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             
          
           
             Id.
             l.
             2.
             c.
             5.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             180.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             217.
             &
             l.
             3.
             c.
             5.
             sect
             .
             370.
             
          
           
             Cowels
             Instit
             .
             Iur.
             Angl.
             
          
           
             Cook
             on
             Lit.
             lib.
             1.
             c.
             21.
             &
             l.
             2.
             c.
             28.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             9.
             
          
           
             Id.
             ib.
             
          
           
             Cook
             8
             Rep.
             Calyes
             Case
             .
          
           
             Cook
             ubi
             supra
             .
          
           
             Proof
             of
             one
             witness
             sufficient
             .
             See
             the
             Statute
             primo
             Car●li
             c.
             4.
             
          
           
             Cook
             on
             Lit.
             
          
           
             Cook
             4
             Rep.
             Digbies
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             475.
             
          
           
             Cook
             on
             Lit.
             l.
             3
             c.
             3.
             sect
             .
             277.
             
          
           
             Id.
             ib.
             sect
             .
             280.
             
          
           
             Cook
             l.
             3.
             
             Rep.
             Marquess
             of
             Winchesters
             Case
             .
          
           
             
             Fortescue
             ●
             de
             laudibus
             legum
             Angliae
             .
          
           
             De
             laudibus
             leg
             .
             Ang.
             53.
             c.
             
          
           
             
               See
               the
               like
               Case
               determined
               by
               King
               Iames
               in
               disputations
               at
               Oxford
               .
            
             
               R●x
               .
               Plath
               p.
               1
               ●●
               .
               113.
               114.
               115.
               
               Pl●yden
               .
               Partridge
               against
               St●ange
               .
               fol.
               83.
               
               B.
               
            
          
           
             Cook.
             
          
           
             Cook
             Downams
             Case
             .
             ●
             Rep.
             
          
           
             Cook
             4
             Rep.
             Cases
             of
             Appeals
             and
             indict
             
          
           
             Cook
             on
             Lit.
             l
             2.
             c.
             5.
             sect
             .
             366.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             484.
             
          
           
             Cambden
             in
             Britan.
             
          
           
             Cook
             on
             Lit.
             
          
           
             D.
             &
             Student
             c.
             7.
             
             Fortescue
             
               de
               laudibus
               legum
               Angliae
               ,
               &
               ▪
               ali●
               .
            
          
           
             Bracton
             .
          
           
             Cook
             7
             Rep.
             Calv.
             case
             .
             
               in
               genere
            
             he
             dieth
             not
             but
             
               in
               hoc
               individuo
            
             ,
             Henry
             and
             Edward
             the
             King.
             
          
           
             Cook
             5
             Rep.
             Cases
             of
             Ecclesiasticall
             persons
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             4.
             sect
             .
             112.
             
          
           
             Foedum
             militis
             .
             Cook
             on
             Lit.
             l.
             2.
             c.
             4.
             sect
             .
             112.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             4.
             sect
             .
             103.
             
          
           
             Dr.
             &
             Stucap
             .
             ●
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             2.
             sect
             .
             14.
             
          
           
             C●o●s
             ●
             Re.
             A●th●●y
             Howescase
             .
          
           
             F●r
             ●rigina●●
             all
             lands
             were
             derived
             f●●●
             the
             Crown
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Cooks
             Rep.
             A●u●eds
             case
             .
          
           
             Terms
             of
             Law
             ,
             the
             Indictment
             must
             be
             also
             
               coepit
               &
               asportavit
               ,
               or
               coepit
               &
               abduxit
               .
            
             One
             shall
             forfeit
             his
             goods
             and
             be
             whipped
             for
             petty
             Larceny
             .
          
           
             
               False
               Latin
               will
               abate
               a
               writ
               ,
               not
               a
               Grant
               ,
            
             Malagrammatica
             non
             vitiat
             concessionem
             sal●a
             Orthographia
             non
             vitiat
             ●noce●●onem
             .
             Cook
             5
             
               Rep.
               Longs
               case
            
             .
          
           
             Bracton
             ●aith
             ,
             that
             
               Lex
               est
               sanctio
               justa
               ,
               jubens
               honesta
               ,
               &
               prohibens
               contraria
               :
            
             so
             as
             every
             Law
             must
             have
             three
             qualities
             .
             1.
             
             It
             must
             be
             
               justa
               ,
               2.
               
               Jubens
               honesta
               ,
               3.
               
               Prohibens
               contraria
               .
            
          
           
             Neminem
             oportet
             esse
             sapientiorem
             legibus
             ,
             ubi
             lex
             non
             distinguit
             ,
             nec
             nos
             distinguere
             debemus
             .
             Lex
             plus
             laudatur
             quando
             ratione
             probatur
             .
          
           
             Cook
             preface
             to
             the
             6
             Rep.
             and
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             213.
             
          
           
             Cook
             preface
             to
             the
             8
             Rep.
             
          
           
             Cook
             on
             L●●tieton
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             9.
             sect
             .
             138.
             
          
           
             See
             in
             Fulbecks
             parallels
             ,
             3
             chap.
             a
             censure
             of
             the
             Writers
             of
             the
             Law.
             
          
           
             Lease
             
               from
               the
               French
            
             laisser
             ,
             linquere
             ,
             relinquere
             ,
             omittere
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             58.
             
          
           
             Id.
             ib.
             
          
           
             Id.
             ubi
             supra
             .
          
           
             Cook
             5
             Rep.
             Claytons
             case
             .
          
           
             Id.
             ib.
             
          
           
             Cook
             on
             Lit.
             u●i
             supra
             .
             sect
             .
             68.
             
          
           
             Cook
             6
             Rep.
             Bishop
             of
             Bathes
             case
             
          
           
             Cook
             5
             Rep.
             Cases
             of
             Leases
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             58.
             
          
           
             
               Cook
               ▪
            
             5
             ▪
             Rep.
             de
             libellis
             famosis
             .
          
           
             Cook
             5
             Rep.
             de
             libellis
             famosis
             .
          
           
             Cook
             9
             Rep.
             Io.
             Lambs
             case
             .
          
           
             Bracton
             ,
             l.
             2.
             c.
             2.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             198.
             
             Ligeantia
             est
             vinculum
             fidei
             ligeantia
             est
             legis
             essentia
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             198.
             and
             7
             Rep.
             Calv.
             case
             .
          
           
             Cook
             7
             Rep.
             Calvins
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             13.
             sect
             .
             719.
             ●
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             59.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             59.
             and
             5
             Rep.
             Sharpscase
             .
          
           
             Plowden
             ●o●thrist
             against
             Beinshin
             .
          
           
             Cook
             9
             Rep.
             Mackallies
             c●se
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Cook
             ubi
             supra
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             194.
             
          
           
             Lit.
             tit
             .
             Vil.
             lenage
             .
          
           
             Minshew
             .
          
           
             See
             Bailement
             .
          
           
             L.
             Dyer
             .
          
           
             Cowels
             Interpret
             .
             &
             Innstitut
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             13.
             sect
             .
             701.
             
             Maintenance
             is
             most
             usually
             done
             by
             the
             hand
             ,
             either
             by
             delivery
             of
             Money
             ,
             or
             other
             reward
             ,
             or
             by
             ●riting
             on
             the
             behalf
             of
             one
             of
             the
             parties
             in
             a
             suit
             depending
             .
             Cook
             's
             2
             part
             of
             Instit.
             c.
             28.
             
          
           
             Cook
             's
             2
             part
             of
             Instit
             .
             c.
             28.
             
          
           
             Cook
             4
             Rep.
             Actons
             ●ase
             and
             on
             ●it
             .
             l.
             1.
             p.
             16.
             
             &
             6
             Rep.
             Countess
             of
             Rutlands
             case
             .
          
           
             Dalton
             .
          
           
             
               Cook
               on
               Lit.
            
             Principia
             probant
             ,
             non
             probantur
             .
          
           
             Cook
             on
             Lit.
             p.
             7.
             7.
             
          
           
             Dr.
             and
             Student
             .
             Cook
             5
             Rep.
             
          
           
             Cook
             1
             Rep.
             Cholmleys
             case
             .
          
           
             Cook
             on
             Lit.
             p.
             141.
             
          
           
             Cook.
             
          
           
             Est
             quaedam
             neglectio
             supina
             rei
             cujusquam
             ,
             à
             Gallico
             Mesp●iser
             
               Cowels
               Inst.
            
             
          
           
             Cook
             5
             Rep.
             Wades
             case
             
          
           
             
               Id.
               ib.
            
             The
             party
             that
             is
             to
             receive
             it
             ,
             is
             to
             pull
             it
             out
             and
             tell
             it
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Cook
             on
             Lit.
             p.
             207.
             
             B.
             
          
           
             Monstrum
             dicitnr
             à
             monstrando
             ,
             
               Varr●
               .
               S●aliger
               .
               Cook
               on
               Lit.
               l.
            
             3
             b.
             &
             7.
             b
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             5.
             sect
             .
             332.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Cook
             1
             Rep.
             Porters
             case
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             6.
             sect
             299.
             and
             8
             Rep.
             Sir
             Rich.
             Lechfords
             case
             .
          
           
             Cook
             8
             Rep.
             Lechfords
             case
             .
          
           
             T.
             of
             Law.
             
          
           
             Cook
             4
             Rep.
             cases
             of
             appeals
             and
             indictinents
             fol.
             10.
             
             ●
             .
          
           
             The
             like
             is
             in
             9
             Rep.
             Mackallies
             case
             ,
             and
             this
             reason
             given
             ,
             for
             this
             is
             
               contra
               potestatem
               Regis
               ,
               &
               Legis
               .
            
          
           
             Cook
             9
             Rep.
             Mackallies
             case
             .
          
           
             Cook
             9
             R.
             p.
             Agnes
             Gores
             case
             .
          
           
             Plowdens
             Comment
             .
             Sanders
             case
             .
          
           
             Here
             Sanders
             was
             adjudged
             a
             principall
             ,
             and
             hanged
             ;
             but
             whether
             Archer
             was
             accessary
             here
             ,
             was
             a
             great
             doubt
             ;
             for
             his
             offence
             was
             in
             counselling
             ,
             and
             procuring
             him
             to
             kill
             his
             Wife
             ,
             and
             no
             other
             ,
             for
             no
             mention
             was
             made
             of
             the
             Daughter
             .
          
           
             Pulton
             de
             place
             Regis
             &
             Regni
             .
          
           
             Cook
             9
             Rep
             Et
             probos
             &
             legales
             homines
             juratos
             .
          
           
             Cook
             6
             Rep.
             Sir
             Moyle
             ●
             Finches
             case
             .
          
           
             Cook
             on
             Lit
             l.
             2.
             c.
             11.
             sect
             .
             202.
             
          
           
             
               ●itzh
               natura
               Brev.
               tit
            
             .
             de
             libertate
             probanda
             .
          
           
             Smiths
             Commonw
             .
             of
             Engl.
             c.
             25.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             6.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             6.
             sect
             .
             405.
             
             &
             4
             Rep.
             Beverlies
             case
             .
          
           
             Id.
             ib.
             
          
           
             Cooks
             4th
             Rep.
             Beverlies
             case
             
          
           
             Id.
             ib.
             
          
           
             Cook
             on
             Lit.
             &
             4th
             Rep.
             Nevils
             case
             
          
           
             Cook
             on
             Lit
             
          
           
             Lamberts
             Iustice
             of
             P.
             c.
             13.
             
          
           
             Pultons
             Iustice
             of
             peace
             .
          
           
             Id
             ib.
             
          
           
             Cooks
             Preface
             to
             the
             2d
             part
             of
             his
             Reports
             Cooks
             6th
             Rep.
             Countess
             of
             Rutlands
             case
             .
          
           
             Cooks
             9th
             Rep.
             the
             Countee
             of
             Salops
             case
             ,
             the
             King
             calls
             them
             Companions
             and
             Cosens
             ,
             
               Comites
               &
               consanguineos
            
             .
          
           
             Cooks
             7th
             R●p
             .
             Nevils
             case
             .
          
           
             Nocumentum
             ,
             it
             comes
             of
             the
             French
             nuire
             ,
             id
             est
             ,
             nocere
             Cooks
             5th
             Rep.
             Williams
             case
             .
          
           
             See
             more
             in
             Cook
             's
             3
             part
             of
             Institutes
             c.
             74.
             
          
           
             Pulton
             de
             pace
             Regis
             &
             regni
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             1.
             sect
             .
             259.
             
          
           
             Cook
             on
             Lit.
             l
             3.
             c.
             5.
             
          
           
             Cook
             on
             Lit.
             l.
             ●
             .
             c.
             5.
             sest
             .
             34●
             .
          
           
             Cooks
             5th
             Rep
             Pinness
             cas●
             .
          
           
             Cooks
             6th
             Rep.
             Both●es
             case
             ,
          
           
             Cook
             on
             Lit.
             ●
             .
             3.
             c.
             ●
             .
             ●●●●
             .
             41●
             .
          
           
             Cooks
             11th
             Rep.
             Curles
             case
             .
          
           
             Id.
             ib.
             
          
           
             Anno
             12.
             
             R.
             2.
             c
             2.
             
          
           
             Cook
             on
             ●it
             .
             l.
             3.
             c.
             5.
             sect
             .
             3●●
             .
          
           
             Cook
             9th
             Rep.
             Mackallyes
             case
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Ploydens
             Commentaries
             &
             Manninghams
             case
             .
          
           
             Plo.
             Com.
             168.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             11.
             sect
             .
             641.
             
          
           
             Ordalium
             Sax●nibus
             &
             Anglis
             ,
             dicebatur
             probatio
             per
             aquam
             gelidam
             vel
             ●ervidam
             ,
             aut
             candens
             ferrum
             .
             ●andentium
             vomerum
             judicium
             subjit
             summa
             mater
             Regis
             Edvardi
             Confessoris
             .
             Vossius
             De
             vitijs
             Sermonis
             l.
             12.
             c.
             14.
             
          
           
             
               Cook
               l.
            
             9.
             
               de
               Strata
               Marcella
            
             .
          
           
             Dictus
             Utlagatus
             quasi
             extra
             legem
             positus
             .
          
           
             Stamford
             pl.
             Cor.
             l.
             2.
             c.
             1.
             
          
           
             Id.
             Ib.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             2.
             sect
             .
             234.
             
          
           
             Cook
             9th
             Rep.
             Cony's
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Cook
             on
             Lit
             ,
             l.
             3.
             c.
             1.
             sect
             .
             241.
             
          
           
             Id.
             ib.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             9.
             sect
             .
             528.
             
          
           
             Id.
             ib.
             
          
           
             Cook
             9th
             R●p
             .
             Lifords
             case
             .
          
           
             Si
             vetustatem
             spectes
             est
             antiquissima
             ,
             si
             dignitatem
             est
             honoratissima
             ,
             si
             jurisdictionem
             est
             capacissima
             .
             
               Cook
               on
               Lit.
               l.
            
             2.
             c.
             10.
             sect
             .
             164.
             
          
           
             Id.
             ib.
             &
             Preface
             to
             the
             9th
             Rep.
             
          
           
             Iudge
             Doderidge
             .
             An
             Ordinance
             in
             Parliament
             differs
             from
             an
             Act
             that
             is
             ordained
             by
             one
             or
             two
             of
             them
             .
             Cook
             's
             Instit
             .
             4th
             part
             c.
             1.
             
             Cook
             l.
             8.
             of
             Rex
             .
             case
             ,
             de
             Prin.
             20
             b.
             11.
             
             H.
             7
             27
             7.
             
             H.
             4
             
          
           
             Ployden
             Partridge
             against
             Strat.
             s●l
             .
             79.
             
             ●
             .
          
           
             Cook
             on
             L●t
             .
             l.
             3.
             c.
             5.
             sect
             .
             378.
             9
             timo
             Iacobi
             .
          
           
             Lamberts
             Iustice
             of
             Peace
             .
          
           
             Lamberts
             Iustice
             of
             peace
             .
             Pulton
             .
          
           
             Collistrigium
             Cowell
             .
          
           
             Curia
             pedis
             pulverizati
             .
             
               Iudge
               Doderidge
               ,
               Cowels
               Instit.
            
             
          
           
             Smiths
             Commonw
             .
             of
             England
             c.
             9.
             
          
           
             Id.
             c.
             4.
             
          
           
             Dr.
             &
             Stud.
             c.
             9.
             
          
           
             Cook
             on
             Lit
             ▪
             
          
           
             Either
             a
             Pinfold
             made
             for
             such
             purposes
             in
             his
             own
             Close
             ,
             or
             anothers
             with
             his
             consent
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             58.
             
          
           
             Cook
             on
             Lit.
             &
             Preface
             to
             the
             7th
             Rep.
             
          
           
             Cook
             on
             Lit.
             l.
             2
             c.
             11.
             sect
             .
             199.
             
          
           
             5
             of
             Eliz.
             c.
             1.
             
          
           
             Brooks
             abridg
             .
             fol.
             181.
             
             B.
             
          
           
             Cook.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             5.
             sect
             .
             125.
             
          
           
             Prerogativa
             is
             a
             priviledge
             or
             preheminence
             that
             any
             person
             hath
             before
             an
             other
             ,
             which
             as
             it
             is
             tolerable
             in
             same
             ,
             so
             it
             is
             most
             to
             be
             permitted
             and
             allowed
             in
             a
             Prince
             .
             Stamford
             .
             Camdens
             Brit.
             
          
           
             Stamfods
             prerogative
             .
          
           
             Cooks
             7th
             Rep.
             
          
           
             Cook
             on
             Littleton
             .
          
           
             Prescriptio
             est
             titulus
             ex
             usu
             &
             tempore
             substantiam
             capiens
             .
             
               Cook
               on
               Lit.
               l.
            
             2.
             c.
             10.
             
          
           
             Stamf.
             of
             the
             prerog
             .
             c.
             8.
             
          
           
             Cooks
             7th
             Rep.
             Baske●viles
             Case
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             See
             Imprisonment
             .
          
           
             Stam.
             l.
             1.
             cap
             26.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             461.
             
             &
             Beverlies
             case
             non
             compos
             mentis
             .
          
           
             Cooks
             8th
             Rep.
             Blackmores
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Cooks
             5th
             Rep.
             case
             .
             of
             Market
             overt
             .
          
           
             Dr.
             &
             Stu
             ▪
             c.
             5.
             
          
           
             Iustinian
             l.
             1.
             
             Inst●t
             .
          
           
             Stams
             .
             l.
             1.
             c.
             16.
             
          
           
             Cook
             7th
             Rep.
             case
             of
             Swans
             .
          
           
             Cooks
             9th
             R●p
             .
             P●ul
             .
             stons
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             199.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             220.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             1.
             sect
             .
             1.
             
          
           
             Id.
             ib.
             
          
           
             Co●k
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             222.
             
          
           
             Cooks
             Rep.
             Bruertons
             &
             Calbots
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             .
             511.
             
             Litis
             nomen
             actionem
             significat
             sive
             in
             rem
             sive
             in
             personam
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             se●t
             .
             194.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             190.
             
             The
             offender
             is
             called
             Raptor
             .
             Cook
             ib.
             Stamford
             .
          
           
             L.
             Dye●
             term
             .
             Mich.
             Annis
             13.
             
             &
             14
             Reg.
             Eliz.
             p.
             304
             
          
           
             Womans
             Laws
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             12.
             
          
           
             Cook
             pret
             .
             to
             8th
             Rep.
             
          
           
             Dr.
             &
             Stu.
             c.
             S.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             10.
             sect
             .
             170.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             7.
             s●●t
             .
             431.
             &
             l.
             2.
             c.
             1
             ●●
             sect
             .
             175.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             3.
             sect
             .
             101.
             &c.
             12.
             
          
           
             Cooks
             10
             Rep.
             Hampets
             case
             .
          
           
             Relevium
             
               is
               derived
               from
               the
               Latin
               word
            
             relevari
             ,
             quia
             haereditas
             quae
             jacens
             fuit
             per
             ante
             cessoris
             decessum
             relevatur
             in
             manus
             haeredum
             .
             
               Cook
               on
               Lit.
               &
               Minshew
               in
               Domesday
               it
               is
               called
            
             relevamentum
             &
             relevatio
             .
             
               Cooks
               7th
               Rep.
               Nevils
               case
               ,
               and
               on
               Li●
               .
            
             Relevium
             ut
             Ho●omanus
             describit
             ,
             est
             honorarium
             ,
             quod
             novus
             vassallus
             patrono
             largitur
             introitus
             caussa
             ,
             nomen
             ex
             eo
             ,
             quia
             morte
             vassalli
             ,
             ut
             vassallus
             cecidit
             ,
             siccum
             eo
             cecidit
             seudum
             ,
             &
             propterea
             denuo
             oporteat
             relevari
             ,
             hoc
             est
             ,
             attolli
             .
             Itaque
             non
             relevium
             modo
             sed
             &
             relevatio
             vocatur
             .
             Vossius
             De
             vitiis
             Sermonis
             lib.
             3.
             cap.
             42.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             60.
             &
             l.
             4.
             c.
             12.
             sect
             .
             215.
             
          
           
             Cooks
             first
             Rep.
             Hugh
             Cholmleys
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             13.
             sect
             .
             721.
             
          
           
             Doderidge
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             12.
             
          
           
             Cooks
             Rep.
             l.
             10.
             &
             on
             Lit.
             l.
             2.
             c.
             12.
             
             Doderidge
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Wom.
             Law.
             
          
           
             Cooks
             5th
             Rep.
             Wades
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12
             ▪
             Lambert
             .
          
           
             
               Cook
               on
               Lit.
               l.
            
             2.
             c.
             12.
             sect
             .
             219.
             
             Replegiare
             est
             reposcere
             bona
             mobilia
             dato
             apud
             praefectum
             vade
             sive
             fide
             jussore
             .
             Sane
             &
             Anglis
             breve
             ,
             per
             quod
             bona
             ea
             reposcerent
             
               to
               replevin
            
             ,
             quasi
             replegium
             dicitur
             sunt
             verò
             
               replegium
               &
               replegiare
            
             à
             plegius
             ,
             vel
             plegium
             .
             Plegius
             vas
             ,
             sive
             fidei
             jussor
             .
             Vossius
             De
             Vitiis
             Sermonis
             .
             l.
             2.
             c.
             25.
             
          
           
             2
             p.
             of
             Instit
             .
             fol.
             345
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             237.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             288.
             
          
           
             
               It
               cometh
               of
               the
               Latin
               word
            
             revertor
             ,
             
               and
               signifieth
               a
               returning
               again
               ,
               therefore
            
             reversio
             terrae
             est
             tanquam
             terra
             revertens
             in
             possessione
             donatori
             sive
             h●redibus
             suis
             post
             donum
             finitum
             .
             
               Cook
               on
               Lit.
            
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             8.
             sect
             445.
             
          
           
             Id.
             ib.
             sect
             .
             447.
             
          
           
             Id.
             ib.
             sect
             .
             478.
             
          
           
             Id.
             ib.
             c.
             11.
             sect
             .
             650.
             
          
           
             Cook
             l.
             8.
             
             Rep.
             Edw.
             Althams
             case
             .
             Cook
             on
             Lit.
             l.
             3.
             sect
             .
             50.
             
          
           
             Either
             because
             they
             bereaved
             the
             true
             man
             of
             some
             of
             his
             robes
             or
             garments
             ,
             or
             because
             his
             money
             or
             goods
             were
             taken
             ●ut
             of
             some
             part
             of
             his
             garment
             ,
             or
             robe
             about
             his
             person
             .
             Sir
             Edward
             Cook
             's
             3d
             parto●
             Instit.
             Ch.
             16.
             
          
           
             Cook
             7th
             Rep.
             Ashpooles
             case
             .
          
           
             Stamford
             Dr.
             &
             Stu.
             
          
           
             39
             Eliz.
             15.
             c.
             
          
           
             Cook
             4th
             Rep.
             Southcots
             case
             .
             83.
             
             B.
             &
             on
             Lit.
             l.
             2.
             c.
             5.
             sect
             .
             123.
             
          
           
             Id.
             ib.
             
          
           
             From
             the
             French
             word
             
               ●ou●e
               id
            
             est
             ,
             turma
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             12.
             sect
             .
             233.
             
          
           
             Cooks
             6th
             Rep.
             Bredimans
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             1.
             sect
             .
             248.
             
          
           
             Vita
             reipublicae
             pax
             .
             
               Vicem
               gerens
               seu
               vicarius
               comitis
            
             .
             Cook
             preface
             to
             3d
             Rep.
             
          
           
             Cook
             4th
             Rep.
             Mittons
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             5.
             sect
             .
             117.
             
          
           
             Cook
             ●th
             Rep.
             Cirringhams
             case
             .
          
           
             Cook
             on
             Lit.
             l
             2.
             c.
             8.
             sect
             .
             153.
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             193.
             
          
           
             Fortescue
             de
             laudibus
             legum
             Augliae
             .
          
           
             Cooks
             7th
             Rep.
             Cases
             of
             Swans
             .
          
           
             Cooks
             Rep.
             The
             Countess
             of
             Salops
             case
             ,
             Seneschall
             is
             derived
             of
             sein
             ,
             a
             house
             or
             place
             ,
             and
             schal
             an
             Officer
             ●r
             Governour
             ;
             some
             say
             that
             sen
             is
             an
             antient
             word
             for
             Iustice
             ,
             so
             as
             Seneschall
             should
             signisie
             
               Officiarius
               Justitiae
            
             Cook
             on
             Lit.
             l.
             1.
             c.
             9.
             sect
             .
             78.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             10.
             sect
             .
             559.
             
          
           
             Cook
             on
             Lat.
             l.
             2.
             c
             11.
             sect
             .
             200.
             
          
           
             Cook
             ib.
             fol.
             132
             ,
             133.
             
          
           
             Cook
             Rep.
             l.
             7.
             
             Nevils
             case
             ,
             fol.
             33.
             
             B.
             
          
           
             Cook
             Rep.
             l.
             8.
             
             Paines
             case
             .
             p.
             35.
             
             B.
             Cook
             7
             Rep.
             Nevils
             case
             p.
             33
             ,
             34
             ,
             35
             
          
           
             Cook
             7
             Rep.
             Beresfords
             case
             .
          
           
             Perkins
             tit
             .
             Faits
             ,
             f.
             36.
             A
             
          
           
             Littleton
             Cook
             Rep.
             l.
             8.
             
             Princes
             case
             ,
             f.
             22.
             A
             
          
           
             Cook
             Lovels
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             2.
             sect
             .
             15.
             
          
           
             Id.
             ib.
             
          
           
             Id.
             sect
             .
             16.
             
          
           
             Cook
             on
             Lit.
             l.
             3.
             c.
             3.
             sect
             .
             32.
             and
             11.
             
             Rep.
             Lewis
             Bowles
             case
             .
          
           
             Id.
             on
             Li●
             ▪
             ib.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             2.
             sect
             .
             14.
             
          
           
             See
             afore
             tit
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             10.
             sect
             .
             167.
             
             Voluntas
             testatoris
             ambulatoria
             usque
             ad
             mortem
             ,
             testamentum
             morte
             consummatum
             est
             .
             Ultima
             voluntas
             ,
             a
             last
             Will
             is
             the
             disposition
             or
             bestowing
             of
             a
             mans
             own
             goods
             and
             lands
             taking
             effect
             after
             his
             death
             .
          
           
             Perkins
             tit
             .
             of
             testam
             .
          
           
             Perk.
             ib.
             Cook
             5
             Rep.
             Veres
             case
             in
             the
             latter
             end
             of
             Princes
             .
          
           
             Fitzh
             .
             abri
             .
             administrat
             .
          
           
             Perk.
             tit
             .
             test
             .
             f.
             94.
             
          
           
             Plowd
             .
             in
             case
             inter
             Paramor
             &
             Iurdley
             fol.
             541.
             
          
           
             Cook
             6
             Rep.
             Marquess
             of
             Winchesters
             case
             .
          
           
             Lands
             holden
             in
             burgage
             and
             gavelkind
             are
             devisable
             by
             will.
             
          
           
             Stat.
             H.
             8.
             anno
             34
             c.
             5.
             
             Dr.
             and
             Student
             .
             l.
             1
             cap.
             21.
             
             Perk.
             tit
             .
             d●
             devise
             .
          
           
             Fitz.
             abrid
             ▪
             exec
             .
             108
             ▪
             
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             5.
             
          
           
             Cook
             4
             Rep.
             Edward
             Althams
             Case
             .
          
           
             Cook
             3
             
               Rep.
               preface
               to
               the
               Reader
               Cook
               on
               Lit.
               l.
            
             2.
             c.
             10.
             sest
             .
             171.
             
             Villa
             quasi
             vehilla
             quòd
             in
             eam
             convehantur
             fructus
             vicus
             
               because
               it
               is
            
             prope
             viam
             .
             Transgressio
             dicitur
             à
             transgrediendo
             ,
             
               because
               it
               passeth
               that
               which
               is
               right
               .
               Cook
               on
               Li●
               .
               P.
            
             57.
             
          
           
             Fitz.
             Herb.
             N.
             Brev.
             tit
             .
             Tre●p
             .
          
           
             L.
             Dyer
             .
          
           
             Cook.
             1
             Rep.
             ●●ellies
             case
             
          
           
             Alta
             proditio
             ,
             &
             prodit
             to
             parva
             .
             Proditorie
             must
             necessarily
             be
             used
             in
             every
             Indictment
             of
             Treason
             .
          
           
             Stams
             pl.
             of
             C.
             l.
             3.
             c.
             19.
             with
             Dr.
             Boys
             his
             gloss
             .
             The
             Romans
             called
             high
             treason
             
               laesam
               Majestatem
            
             .
          
           
             Stamf.
             pl.
             of
             Cr.
             l.
             1.
             c.
             44
             
          
           
             L.
             Dyer
             .
             ter
             .
             Hil.
             an
             .
             2.
             
             &
             3
             P.
             &
             M
             
          
           
             Cook
             on
             Lit.
             
          
           
             Brook
             abri
             .
             fol.
             181.
             
          
           
             Fitz.
             coron
             .
             281.
             436.
             
             Ployden
             .
          
           
             It
             is
             called
             in
             the
             common
             Law
             
               treasure
               trove
            
             ,
             that
             is
             ,
             treasure
             found
             .
          
           
             Lambert
             .
          
           
             See
             Cook
             's
             2d
             part
             of
             Instit.
             c.
             29.
             
          
           
             Iudge
             Doderidge
             English
             Lawyer
             .
          
           
             Cook
             on
             Lit.
             
          
           
             Lambert
             perambul
             .
             of
             Kent
             .
          
           
             Lit.
             lib.
             2.
             cap.
             10.
             sect
             .
             12.
             
          
           
             Cook
             on
             Lit.
             p.
             120.
             
          
           
             Cook
             5
             Rep.
             Claytons
             Case
             .
          
           
             The
             Statute
             21
             of
             K.
             Iames
             ,
             c.
             17.
             forbids
             taking
             above
             8
             in
             the
             ,
             100
             that
             of
             Queen
             Eliz.
             above
             10.
             
          
           
             Cambden
             of
             Durham
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             
          
           
             Id.
             ib.
             
          
           
             Vadiare
             cometh
             of
             the
             French
             
               gager
               ,
               id
               est
               dare
               pignus
               ,
               pignore
               certare
               ,
            
             to
             put
             in
             a
             surety
             .
             Minshew
             .
          
           
             Books
             tit
             Estray
             and
             waif
             .
          
           
             A
             thing
             
               pro
               derelicto
               ,
               habita
            
             ,
             waived
             and
             forsaken
             ,
             is
             
               nullius
               in
               bonis
            
             .
             29
             E.
             3.
             29
             
             E
             4
             ,
             5
             ,
             12.
             
          
           
             12
             E.
             3.
             
             Brief
             .
             678.
             
          
           
             Cook
             5
             Rep.
             Foxleys
             case
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             11.
             sect
             .
             186.
             
          
           
             Wapentakia
             a
             Wapen
             .
             hoc
             est
             ,
             armis
             :
             quae
             quoties
             novus
             esset
             hundredi
             dominus
             ,
             ei
             in
             subjectionis
             signum
             reddebant
             .
             Vossius
             De
             vitiis
             Sermonis
             l.
             2.
             c.
             9.
             
             
               Smiths
               Common
               wealth
               of
               England
               .
               c.
            
             19.
             
          
           
             Warrantum
             est
             se
             ,
             curitas
             à
             venditore
             praestita
             emptori
             ,
             quo
             tranquille
             aliquid
             possideat
             .
             Eaque
             a
             significatione
             warrantizare
             dicitur
             warrantus
             sive
             venditor
             ,
             quando
             se
             empto
             obligat
             per
             acta
             curiae
             aut
             chartam
             ,
             aut
             contractus
             instrumentum
             ▪
             Vossius
             De
             vitiis
             Sermonis
             .
             l.
             2.
             c.
             20.
             
          
           
             It
             comes
             from
             the
             French
             word
             garein
             ,
             id
             est
             ,
             vivarium
             ,
             Dr.
             Cowell
             Instit.
             Cook
             on
             Lit.
             p.
             5.
             
          
           
             Brooks
             abr
             .
             tit
             .
             Chattels
             p.
             135.
             
             B.
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             67.
             
          
           
             And
             Rep.
             Harle●anders
             case
             .
             fol.
             63
             ,
             64
             
          
           
             Fitzh
             .
             Nat.
             Brev.
             58
             H.
             
          
           
             Cook
             l.
             5.
             
             Rep.
             
               Countes
               de
            
             Salop
             .
             fol.
             13.
             
          
           
             At
             the
             Common
             Law
             no
             remedy
             did
             lie
             for
             waste
             ,
             either
             voluntary
             or
             permissive
             ,
             against
             Lessee
             for
             life
             ,
             or
             for
             years
             ,
             because
             the
             Lessee
             had
             no
             interest
             in
             the
             Land
             ,
             by
             the
             Act
             of
             the
             Lessor
             ,
             and
             it
             was
             the
             Lessor
             his
             folly
             not
             to
             restrain
             the
             Lessee
             by
             covenant
             or
             condition
             ,
             Cook
             's
             5
             Rep.
             
          
           
             Cook
             on
             Lit.
             l.
             1.
             c.
             7.
             sect
             .
             67.
             
          
           
             Id.
             Ib.
             
          
           
             Id.
             ib.
             
          
           
             Cook
             4
             Rep.
             Forse
             and
             Hemblings
             case
             .
          
           
             45
             Edw
             3.
             
             Fitz.
             Coven
             18.
             1
             
             H.
             5.
             12.
             6.
             
             Perk.
             
               cap.
               de
            
             Grant.
             Nat.
             Brev.
             fol.
             120.
             
             Nat.
             Brev.
             fol.
             188.
             11.
             
          
           
             Perk.
             fol.
             2.
             A
             
          
           
             Perk.
             fol.
             2.
             B
             
          
           
             27
             H.
             8.
             27.
             p.
             12.
             
          
           
             Perk.
             f.
             3
             ,
             4
             
          
           
             21
             H.
             7.
             18
             p.
             29.
             
             Nat.
             Brev.
             f.
             12.
             
          
           
             Plowd
             .
             Comment
             .
             344
             a
             Bret.
             and
             Rigdons
             case
             .
          
           
             Dr.
             and
             Stud.
             f.
             13.
             
             Plowd
             .
             Comment
             .
             fol.
             418.
             8.
             
          
           
             12
             H.
             7.
             22.
             
             Cook
             5
             Rep.
             fol.
             36.
             
             H.
             8.
             
             Dyer
             fol.
             6.
             
             Dr.
             and
             Stu.
             fol.
             13.
             
             Plowd
             .
             Comment
             .
             fol.
             36.
             
          
           
             4
             H.
             6.
             31.
             
          
           
             Doderidge
             .
             See
             Smiths
             Common-wealth
             of
             England
             .
             l.
             3.
             c.
             10.
             
          
           
             Cook
             5
             Rep.
             Sir
             Henry
             Constables
             case
             .
             Id.
             ib.
             
          
           
             Dr.
             and
             Stud.
             
          
           
             See
             Cook
             's
             2d
             part
             of
             Instit.
             c.
             24.
             
             Of
             the
             severall
             sorts
             of
             Writs
             ,
             and
             of
             the
             difference
             between
             a
             Writ
             and
             an
             Action
             .
          
           
             Cook
             on
             Lit.
             l.
             2.
             c.
             1.
             
          
           
             Cook
             preface
             to
             second
             Rep.
             
          
           
             Cook
             L.
             5