A philological COMMENTARY: OR, An Illustration of the most Obvious and Useful words in the LAW.  
With their Distinctions and divers Acceptations, as they are found as well in Reports Ancient and Modern, as in Records, and Memorials never Printed: Useful for all Young Students of the Law.  Arist. 3. Metaph. Cap. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 
The second Edition Reviewed and Enlarged.  
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 St Dustans' Church in Fleetstreet. 1658.   

To the right Honourable and his Honoured Kinsman JOHN LISLE Esq One of the Lords Commissioners 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 yourself (one of such eminent place in reference to the Laws of the Land) to Patronise a Treatise of our Municipal Laws. I wish the Work were as well worthy of your acceptance, as the application of myself to you is proper. Lex humana (saith Aquinas) est quoddam dictamen 
1. 2. Q. 97. Act. 1.  rationis, quo diriguntur humani actus. A human Law is a certain dictate of reason by which human 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 ancient and best Inheritance 
Cook's preface to the 5 Rep. and on Lit.  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 general and particular Customs, Cum enim aliquid multoties fit (saith 
Aqu●nas loco prius ●itato Act. 3.  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 Judgement, 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 public and private Determinations: It is a Study well becoming a Christian Magistrate; to labour in all things to approve his ways to God, Acts 24. 1●. Heb. 13▪ 18. Lay out yourself and your Abilities for him, before whose Bar the highest Judge on Earth must one day stand, and the higher our standing here is, the greater will the account be at the general Audit. The consideration of which, I hope, will have an influence upon all your Sentences and Actions; If you shall make it your Work to exalt God, he will pour his Blessings abundantly both upon yourself, 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, Physic, and Divinity; the one respects the estate, the other the body, the third the soul. Every Englishman should labour for a competency of knowledge in all three; First of the Laws of the Land, that he may not (through the ignorance thereof) prejudice his estate; Secondly, of Physic, as the Proverb saith, Every man is a fool or a Physician; that is, either knows what is good or hurtful 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 knowledge; 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 (Colleges as it were for Students in that Profession) yet the Law itself is not so well methodised (as other Sciences) nor are there Tutors or public Teachers of the same, as of other Arts; but 
Qui sibimet discipulus est, stultum habet pro magistro.  every Student is to acquire knowledge in it by his own industry: most of the Cases which he reads, are to be committed to memory.  
Of all that have written systematically as it were by way of Institutes, Littleton is most extolled, he being the 
* Cook's 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.  Ornament of the Common Law, and (as some say) the most perfect and absolute Work that ever was written in any human 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 Abridgement, 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 Alphabetical order, will be useful for young Students in the Law, justices of Peace, and other Country Gentlemen, whose benefit I especially intent 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 entreat the judicious, 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 wellwisher, 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, etc.   

A philological 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 
Cook on Lit. l. 3. c. 8. sect. 475.  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, beaten 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 Abbess, in French Abbè, is by skilful Linguists said to come from the Syriack 
Cowels Interp.  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 
In Abeiance i e. in expectation, of the French word bayer to expect, Cook on Lit. in potentia as the Logicians t●rm ●t, in expectation or consideration of Law in nubibus, in the Clouds. C●●k on ●i●. l. 3▪ c. 11. sect. ●46.  (Abayer) i e. allatrate, to bark at, as Dogs do against a stranger, 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 Ancient Law●●rs would signify 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 expectation 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 Successor is in expectation to take it. It a Tenam ●or term o● another's life dy●th, the Freehold is said to be in Abeiance, un●ill the occupant entereth. If a ●●● make a Lease for life, the remainder to the right Heirs of I. S. the Fee-simple is in Abeiance, until 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 Clouds or Lap of the Law.   

ACCESSARY.  

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, than 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 knowledge.   
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 beaten another, and he beaten 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 steals 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 
Plo. C●m▪ Sanders case.  〈…〉 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 Church; or I command him to kill him at such a day and he kill him a● another day; I shall be accessary▪ for the kill 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 killed him, I come and say, that I am penitent for my mali●e, and charge him no● to kill him▪ and y●t he kill him; I shall not be accessary. Where the principal is pardoned, or ha●h his Clergy, th' 〈…〉 ary cannot be arraigned; ●or the Maximm● oh 〈…〉 awe is, Vbi▪ non 〈…〉 or 
C●ok ●. R●p. Cases of appeals and indict Sie●s 42. B.  it doth nor appear by the judgement of the Law, that he was principal; but if the principal after attainder be pardoned, or hath his Clergy allowed him, there the accessary shall be arraigned, because it appeareth ●udicially that he was principal. Some have holden, that neither f●r ●elony nor maim, the Accessary shall be arraigned, till the attainder of the principals.  
In the lowest and highest offences, there are no accessaries, but all are principals, as in Riots, Routs, forcible Entries, and other Transgressions, ●i 
Cook on Lat. l. 1. c. 8. sect. 7●▪  & 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 
In alta proditione nullus p●test esse accessorius, sed principalis solummodo. Fulb. praeparat. 5. c. p. 43.  are both before and after.  
In the third of Queen Mary a maidservant conspired with a bad fellow to rob her Mistress, and in the night she opened the door, and brought the fellow to the bed of her Mistress, who did kill the Mistress, the maid holding the candle, but saying nothing; she was not a Principal, (though 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 parcel of the consummation o● the act. Q●aere i● this be petty treason in the Maidservant, since it is but murder in the other, although she was present when her Mistress 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 Sum of Money, or other duty which ought to be paid or done. This word differeth from those which in the civil Law be called acceptilatio, or Apocha, 
Terms of Law.  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 
Cook on Lit. lib. 2. sect. 142.  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 judgement, is said to be acquitted of the selony a 〈…〉 atus de ●el-nia, and if it be drawn in question again, he may pled altar sois acquit.  
And acquittal is either in deed or in Law; acquittal 
Cook. 2 Instit. 385.  in deed is either by verdict, or by battle, by verdict when by a Jury he is found not guilty o● the offence whereof he is charged: by battle, as when in an appeal the plaintiff yieldeth himself crea●t or vanquished in the field, the judgement 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 principal, the other as accessary, if the principal be acquitted indeed, th●●ther shall not be tried, but shall be called to be acquitted in Law of course, but i● the principal be discharged for the insufficiency of the indictment against him or have his Clergy the accessary i● not acquitted.   

ACRE.  
Acre, is a certain parcel o● Land that containeth 
Acra ●lim incerta nune ve●ò certa per Statut. 31. Ed. 1.  in length 4● perches, and in breadth four perches, it comes from the German word (Acker) id est, ager.   

ACTION.  
Action, an action is a right of prosecuting in judgement of a thing which is due unto any one. 
Actio est jus prosequendi in judicio, quod alicui debetur.   
It may well be called an Action, quia agitur de injuria, for it is a complaint of an injury received.   

ACTIONS are  

1. Personal, whereby a man claimeth Debt or other Goods and Chattels, or Damage for them, or Damages for wrong done to his 
Ratione objecti circa quod ver. satur.  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. Mixed, whereby something in the reality 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 
41. Ass. pl. 15. 〈…〉. ex. 74. C●●. 9 fol. 8 〈…〉 Fulb. para●▪ second pa●▪ second dial. & alii.  such Cases where the wrong did principally and 〈…〉 rest upon a man person, as if one scandalise 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 merely personal, 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 man's Case must be in the Action, specially, and at large set down; for 
Fulb. par●●●▪ second part second ●●al. Cook 5. Rep.  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 lie at the 
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 Artificer to do his Art duly ●●● truly as he ●●ght.  Common Law for calling a man heretic, or adulterer, but in the Spiritual Law, for those of the Common Law cannot discuss what is Heresy 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 
Cook ●. Rep. Actions 〈…〉 slander. H●b Rep. ●●l. 126.  himself, this is not actionable, because he may be ●or●worn in usual communication, quia benigni●r 〈…〉 in verbis genera●●bus seu du●●iis est praeser●nda 2. It is a●● usual 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 jam, 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 forsworn 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 judicial 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 scandalised 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 
Cook ubi supra.  for their uncertainty. 2. That the scandal 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 ways.  
If one say to I. S. Thou art a Traitor, here constat 
Cook 4. Rep. actiones de scandalis.  de persona, and the Action lieth; or if one scandalise 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 Judge, 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 only an inclination; yet an action lies. If one call another thief or traitor 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 qualify the proper sense of this word Thief.  
If the Gaoler 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 
Friz. Herb. Nat. brev. Action upon the Case. Cook 8 fol. 32. Calyes Case. Id. ib.  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 inarch ●●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 sell Wine, and warrant it to be good, and it is naught, an action of the Case will lie.  
If a man's servant be beaten, the Master shall not 
T●e Master hath n● damage by pressnall battery of his servant.  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.   

ADIOVENMENT.  
Adjournment, 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 Diocese 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 admitting 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 Diocese belonging to any person that is dead, without Executor for the benefit of 
Cook 5. fol. 2●. Piggots case.  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 
Cook 5. Rep Princes Case.  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 only in an inferior Diocese, yet the Metropolitan of the same Province, pretending that he had bona notabilia in divers Dioceses, commits administration▪ this administration is not vo●●, but voidable by sentence, because the Metropolitan hath jurisdiction over all the Dioceses within his Province, but if an Ordinary of a Diocese commit administration of goods, when the Party hath 〈…〉 in divers Dioceses, such administration is merely void, both for the goods in his Diocese, and elsewhere, because that by ●● means he can have jurisdiction of the Cause.   

ADVOWSON.  
Advowson of a Church is the right of Presentation 
Cook on Lit. l. 2. sect. 18●.  or Collation to the Church, Adv●catio, so called, because the righ● of presenting to the Church was first gained 〈…〉 such 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 
Cook on Littelton l. 3. c. 13. sect. 722.  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 construction▪ This hath been resolved by the Justices.   

AFFEERORS.  

* It comes of an old French word esscu●er. i e. to tax or sine Minsh.  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 〈…〉 in. It may be without word or ●●w ●iv●n, as if a man i●●●●●hew himself ●●● 〈…〉 with Armour ●● Weapon which is no usual w 〈…〉 it will strike a fear into 〈…〉 o that be 
4 II. 6. 10. 8. Ed. 4. 5.  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 always a particular injury.   

AGE.  
There are diversity of Ages, which the Law takes notice of.  
A Woman hath seven Ages for several purposes 
Cook on Lit. l. 2. c. 4. ●●ct. 1●2. Lit. Ten. tit. D●●●er & l. 2. c. 4. p. 22.  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 comment to marriage, until 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 
Cook on Lit. ubi supra. Fitz. Herb. Nat. Brev. in brevi de rationabili auxilio. Lit. Ten.  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 aid pour sai●e fit● Chivaler, under 21 to be in ward to the Lord by Knight's 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, 
Cook on Lit. l. 3. c. 1. sect. 259. ●●t. Ten. l. 2. c. 4. p. 22 & l. 4. c. 1. p. 5●, 57  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 impanelled in a Jury before that age, and at 17 years he may administer as Executor.   

AGREEMENT.  
Agreement (saith Pl●●d●●) is a word compounded 
Plowden Term. Pa●●. a●●o 4. E. 6. Reniger against 〈◊〉.  of two words, aggregatio & mentium, i e. agreement of minds, it is a consent of mind, in something done or to be done, ab aggredi●●d● dicitur, saith Spelman.  
If I sell all my Corn for Twelve pence every Bushel, notwithstanding the uncertainty of the quantity of the Co●●, and of the sum for it, yet this is a good agreement.  
So where one le●● a Close, rendering Twelve 
Plowden ib.  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 Latin word alienus▪, 
Alienae gentis or alienae ligeantiae. Cook on Lit.  and according to the Etymològy of the word, it signifies one born in a strange country, 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 War, and ornament of Peace) shall be taken, and enjoyed by strangers born.  
3. This will tend to the destruction of the 
Cook ●. ●. Rep. 〈…〉 v. C●●●.  Realm.   
He cannot have any real or personal action 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 naturalised 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 
Cook on Lit.  of charity, is accounted in Law Divine Service, for what herein is done to the poor for God's sake, is done to God himself. 
jura naturalia ●ur● 〈…〉 vili di●imi non possunt. 〈…〉 and Student.   
If it were ordained that no Alms should be given for no necessity, this Custom and Statute were void, because no general 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 beggars 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 Latin is called misericordia, 
Cook on Lit▪ lib. 2. c. 11. p. 194.  because it ought to be assessed mercifully, and this aught to be moderated by affeerement of his equals, or else a Writ de moderata misericordia doth lie, or because the party which offendeth 
Term. of Law. Cook▪ ●●▪ Rep.  putteth himself on the mercy of the KING.  
A fine is always imposed and assessed by the Court, but Amerciament by the Country.   

ANCESTOR.  
Ancestor is derived of the Latin word 〈…〉 sor, and in law there is a difference between antecessor 
Cook on Lit. ●. 2. c. 4. sect. 1●3.  and predecessor, for antecessor is applied to a natural person, as I. S. & antecess●●●s ●ui; but predecessor is applied to a body Politic, or Corporate, as Epis. Lond. & predecessores. S●● Re●●●r de D. & predecessores sui.   

AN, JOUR.  
a, iour, The law in many cases hath limited a year and a day to be a legal ●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 
Cook on Lit l. 3. c. ●. sect. 422.  be wounded or poisoned, 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 pulled down, and the pastures and meadows to be ploughed up: but the land▪ so desaced were to escheat to the Lord, and the King had no other benefit then before, ●i●●o● the good of the Commonwealth it was provided by Magna Charta, Chap. 22. that instead of such 
Cook▪ 2 Institut. 37.  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 abjured 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 escheat. If one be 
I●●●▪  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 spiritual things is after one years' profit.   

ANNUITY.  
Annuity, is a yearly payment of a certain sum of 
Cook on Lit. 144.  money granted to another in see for life or years, charging the person of the grantor only.  
For it, no action lieth, but only a Writ of Annuity 
F●●●. Herb. Na●. brev. p. 152.  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 counsel, the other may stay the annuity, because he cannot have the 
Ployd. an. 6. ●resp. by Browning against Best●r.  thing, for which he grants the annuity; It is a conditional grant, though there be not any word of a condition.  
If one grant to one learned in the Law, or in Physic, an annuity for term 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 
Ploughed. Comment. p. 458.  life, and yet it was granted, and was executory for the Counsel, but no Counsel may be given to the Grantor when he is dead, so that by the act of God, the Grantee is discharged of giving Counsel.  
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 Counsel, yet 
6. H. 8. Dy.  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 counsel 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 
Bacon's Collection.  a Physician, it shall be understood of his counsel in Physic, if a Lawyer of his counsel 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, 
Cook on Lit. l. 2. c. 11. sect. 180. Cook on Lit. l. 3. c. 8. sect. 500  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 
Cook ubi supra.  only of the death of her Husband to be prosecuted whilst she is a widow.  
3. Of Wrongs done to the appellants themselves, as robbery, rape, and mayhem.   
The Law prohibireth not counsel in an appeal, 
An Appeal is called but a suit of revenge, ergo not much sav ured. 11 H. 4. 1●. Dr. and Student. c. 48.  as it doth in an Indictment, became there is no appeal brought, but that of common presumption, the appellant hath great malice against the Appellee. As when the Appeal is brought by the wife of the death of her Husband, or by the Son 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 King's 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 lesle able to live and maintain herself; if she marry again, her appeal is 
Woman's Lawyer. 8 H. 4. 18. Ter●tes of Law.  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. 
T. of Law. T. of Law.   
An appeal of Mayhem is in manner but a trespass, for he shall recover but damages, yet the indictment shall say quod felonete mahemavit.   

APPENDENT.  
Appendent is any inheritance belonging to another 
Cook on Lit. l. 2. c. 11. s. 148. Cook 4 Rep. Tyrring. Case.  that is superior or more worthy.  
The thing Appendent ought to agree with the nature and quality of the thing unto which it is appendent, a Leet cannot be appendent to a Church or Chappel, for they are of several natures▪  
A thing corporate cannot be appendent to a thing corporate, nor a thing incorporate, to a 
Id ib.  thing incorporate, but a thing incorporate as an advowson, to a thing corporate as a Manor, 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 apprenticeship, 
Mr▪ Seldens notes on Fortescue. pag. 3.  as also apprentisage, davocas plaidans▪ for the apprenticeship 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 publicly to pled, 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 justiciarii plures si viderint esse faciendum, vel numerum anticipent, & de aliis remanentibus fiat per discretionem eorundem justiciariorum, etc.  
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, etc. therefore this Parliament was called Parliamentum indoctum and had in its design nothing more than the ruin of the Church and Laws.   

APPORTION.  
Apportion, This word cometh of the word portio, which signifieth a part of the whole, and apportion 
Cook on Lit▪ l. 2. c. 12. sect. ●2●.  signifieth a division or partition of a Rent or Common, and is either,  

1. Voluntary,  
2. Or by constraint of Law.    

APPURTENANT.  
Appurtenant and Appendent are things that by time of prescription have belonged, appertained, and are joined to another principal thing, by which they pass and go as accessary to the same special thing by virtue of these words pertinentiis, as Lands, Advowsons', Commons, Ways, Courts to a Manor house, or Office. Appendants are ever 
Cook on Lit. l. 2. c. 11.  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 controversy not according to the Law, but ex boni● viri arbitrio, or else because the parties to the controversy have submitted themselves to the judgement of the arbitrators, not by compulsory means, 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 judgement they bind themselves to stand.  
There is a diversity between it and concord, 
L. Dyer, term. mich. Anno sexto Ed. 6. 75.  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 controversy. 
Dyer 21● Pl. ●●.   
2. Submission.  
3. Parties to the Submission.  
4. Arbitrators.  
5. Rendering the award, which may be either 

1. By word or,  
2. By writing.      

ARRAIGN.  
Arraign, A prisoner is said to be arraigned, when 
Y. of Law.  he is indicted, and put to his trial.  
One arraigned upon an an indictment of selony 
Dr. and Student. ●●●. ●.  or murder shall have no counsel, 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 Assize to prosecute by such a Writ.   

ARREST.  
Arrest, is derived as some think of the French 
Doderidge.  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 lawful warrant. Arrest signifieth properly, a decree of a Court, be virtue of which a man is arrested, etc.  
If a man be struck, and it is doubtful whether he will die, a man may arrest him which struck him, until it be known whether he will die or no. 
Brook. abri. fol. 182. B.   
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 
Cook 6. Rep Countess of Ratlands Case.  which is Lord of the Parliament, and by the Law ought to betrayed by his Peers, shall be arrested by is body.  
The Law intends that they a●hst the King with their counsel for the Commonwealth, and keep the Realm in safety by their prowess and valour. And they are intended to have sufficient in Lands whereby they may be distrained, this Privilege extends also to women that are Countesses by birth or marriage, if those by marriage lose not that dignity by intermarriage with one under the degree of Nobility. They shall not therefore be put 
Cook 9 Rep Earl of Salops Case.  in Juries, although it be the service of the Country.  
An arrest in the night is lawful, 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 
Cook 9 Rep. Mackallies Case.  arrest him, the Plaintiff shall have an action upon the Case, and recover all his loss in damages. No man shall be arrested upon the Sabbath day by a new act, etc.   

ASSAULT.  
Assault, is from the Latin word Assultus, which denoteth a leaping or flying upon a man, so that it cannot be performed without the offer of some hurtful blow, or atleast some fearful 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 
27 Ass. Pl. 11.  though he were neither hurt nor hit with the blow, was adjudged ●n assault 22 lib. Ass. Plea. 60. Assault doth not always 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, unlawful, is where above the number of two do assemble to do some unlawful act. 
T. of Law.    

ASSIZE.  
Assize sayeth Littleton, est nomen aequivocum, sometimes it is taken for a Jury, for in the record of an Assize, the word is Assisa venit recognitura, &c▪ is the same as jurata venit recognitura, and in a Writ of right the Tenant putting himself on God, and the great Assize is the same as upon God and his Country, 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 assize was remedi●m maxim festinum, for in this the Defendant shall not pray the aid of any but the King, also maxim beneficiale, for in no action at the Common Law a man shall recover Land itself, and damages, but only in an Assize against the disseisor.  
There be four Assizes in an Assize of Novel disseism, of Mort dancester, of darreine presentment, and of Utrum.  
Assize cometh of the Latin word Assideo, which is ●o associate or sit together.   

ASSUMPSIT.  
Assumpsit, (of the Lat. assumptio) is a voluntary 
Term. of Law.  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 commandment of Writ, from the French word attacher.  
It differs from an arrest or Capias, for that proceedeth out of the inferior Courts by precept and Attachment out of the Superior Courts. By Precept or Writ, an arrest is only upon the body 
Terms of Law. Minish.  of a man, an Attachment is more general, and extends to the taking of goods. Kitchen saith a man may attach a Cow.   

ATTAINDER.  
Attainder, is when a man hath committed Treason or Felony, and after conviction judgement 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 judgement. If a man doth adhere to the King's enemies, and die, or be slain before a tainder, he shall forfeit nothing, nor shall his blood be corrupt. This was the case of jack Cade, who being slain in open Rebellion could no way be punished, or forfeit any thing, and therefore in the 29th 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 
Cook on Lit. l. 3. c. 13. sect. 745.  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 Gentry 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 King's 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 joined by the parties and of ancient 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 
Cook on Lit. l. 3. c. 8. sect. 5. 14.  for ever, for the judgement 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. 
S● odious is perjury in the eye of the Common Law. Cows Institut. Minsh.   
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, ass qui or attingere, because he is catched and overtaken, rather of the French teindre, in Latin ●in●ere to slain, die, colour, unde Gal. Teint Latin tinctus, as we say, he is attainted, or tainted of Treason, i e. stained.   

ATTORNEY.  
Attorney, is an ancient English word, and signifieth one that is set in the turn, stead, or place of another. Of these some be private and some be public, 
Cook on Lit. l. 1. c. ●. l. 1. sect. 59  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, etc. And it is a Rule, that where the Attorney doth lesle than the Authority 
Perk. 187. 109.  and commandment, all that he doth is void, but where he doth that which he is authorised 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 lesle than 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 than his Authority.   

ATTOURNEMENT.  
Attournement, is an agreement of the Tenant 
Of the French tourner to turn: therefore they say to turn Tenant Minsh. Cook on Lit. l. 3. c. 10. sect. 551.  to the grant of the signory 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 ancient 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 signory 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 Enrolment or Covenants to stand seized of a reversion, etc. to the use of another there needeth no attornment▪ Conusee of a fine, of a signory, rent, reversion, etc. before attornment, cannot maintain an Action of Waste, nor a Writ of Entry ad Communem Legem, or in Casu promis●ae, or in consimili Casu, upon the alienation of the Tenant escheat 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 Seignory, he may compel 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 juris clamat.   

AWARD.  
Award of the French word agarder, which is to decide or judge.  
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 Advover, 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 justify.  
Auxilium ad filium militem faciendum, & ad 
Regist. Orig fol. 87. Glanvil. l. 9 cap. 8.  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 Son at 15 years or the marriage of his daughter at 7, at the Common Law it was not limited, yet aught to have been 
West. 1. 3. Ed. 1. 25. Ed. 3. 11.  rationabile auxilium, but now it is limited to 20 s. for a Knight's Fee, and so for 20 l. per annum in soccagio.   

AID.  
Aid, is where a particular proprietor 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 ways.  

1. In a Plea real teners ●●tit auxilium de A S. sine quo respond ●e n●●●otest 
4. H. 30.   
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 
Cook on Lit. l. 1. c. 10. sect. 79. What kinds of offenders may be bailed, See Cook 2 part of Instit. c. 15. Terms of Law. Dalton.  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 signify 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 until trial.   

BAILIFF  
Bailiff, This word Baille (as some say) cometh of the French word Bailiff in Latin Bailivus, but 
Cook on Lit. l. 1. c. 10. sect. 79. Id. l. 3. c. 1. sect. 248.  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 applied to the Justices of the Court of Common Pleas, because the Justices of that Court sit there 
●ook on Lit. l. 2. c. 3. sect. 96.  in a certain place, and legal Records term them justiciarii de ban●●. Another Court there is called the King's Bench, both because the Records of that Court are styled coram Rege, and because Kings in former times have often personally sat there.   

BARGAIN.  
Bargain, and sale is when a recompense is given by both the parties to the bargain. By it 
Terms of Law.  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 buys 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 
Fitz. Nat. brev. 98. K.  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 itself, for the profits of the Land, and the Land itself are one and the self same thing in substance, but one may lease his Park, excepting the wood and underwood, 
1 H. 7. 9 6 E. 6. 71. Dy. 14 H. 8. 1. 33 H. 8. Br. Reservant. 39  and his Manor, 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 praecipe the soil itself is excepted, but otherwise it is of pasture or arable ground, which hath wood growing upon it. Cook l. 5. jors' Case, & l. 11. Laifords' Case.   

BAR.  
Bar, is a word common as well to the English as to the French, of which cometh the Noun 
Cook on Lit. l. 3. c. 13. sect. 708.  a Bar 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 Bar when such a Bar is pleaded.   

BARRETOR.  
Barretor, is a common mover and exciter or 
The word is derived of Barret which signifieth a quarrel, a barretroubler, or barre-ste●der. Cook on Lit. l. 3. c. 13▪ sect. 701.  maintainer of suits, quarrels or parts either in Courts or else where in the Country. In Courts of Record or others, as in the County, Hundred, or other inferior Courts. In the County in three manners. 1. In disturbance of the Peace, in taking or keeping of Possessions, or Lands in controversy, not only by force, but also by subtlety. 2. And most commonly in suppression of truth and right. 3. By false inventions and sowing of calumniations, rumours▪ and reports, whereby discord and disquiet may grow between neighbours.  
A common Barretor, or Bar offender, is a common quareller, mover, or maintainer of quarrels, either in the Court or Country. Some derive it of the French word Barrateur which signifieth 
Cook 8. Rep. Barrets Case. p. 37. He causeth men to be troubled at the Bar, Minsh.  a deceiver, others of the Latin word Baratro, which signifieth a vile knave or unthrift, some of two legal words Barra, which signifieth the Bar 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 married, so that his father is not known by the 
Vitilitigator quasi vitiose litigator.  order of the Law, and therefore by the Law he is sometimes called filius nullius, the son of no man, sometimes filius populi the son of every man. Cui Pater est populus, Pater est sibi nullus & omnis. 
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.   
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 Parent's 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 
Smith's Commonwealth of England. Terms of Law.  by another, which was not her husband; and after the child is born within the Espousals, than it shall be said the child of her husband, though it were but one day after the Espousals solemnised, 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. jacobi Regis, to prevent the destroying and murdering of Bastard children, and it was continued. 3. Caroli c. 4. If any women be delivered of any issue, which 
To the end of the first Session of next Parliament.  by the Laws of this Realm should have been a Bastard, and shall endeavour by drowning, or secret burying, or any other way by herself 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 
Dalton.  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 acknowledge any Father in this case.  
A Bastard having gotten a name by reputation, 
Cook on Lit. l. 1. c. 1. sect. 1.  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 
Id. ib.  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 
Septimo Jacobi c. 4. and for the second offence to be committed to the house of Correction, till, etc.  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 wrongful 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 beaten him, rather than he shall carry them away, for that is no wrongful beating Menacing beginneth the breach of peace, 
Daltons' Iust. of P.  assaulting increaseth it, and battery accomplisheth it.   

BUGGERY.  
Buggery, committed with mankind or beast is 
There are two Statutes for it, 25 H. 8. revived, 3 Eliz. 17. Fitz. Nat. brev. 269. ●. Dalton.  selon● without benefit of Clergy, it being a sin against God, Nature, and the Law, and in ancient 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.   

BURGAGES.  
Burgages, in Latin Burgagium, is derived of Burgus 
Cook on L●●. l. 2. c. 10. sect. 16.  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 defined the night-breaking 
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. Cook's Case of Appeal and Indictments. 4th Rep.  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, parcel of a house, but not of breaking ones Close to kill him, nor ones House, if it be but to beaten 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 
Id. ubi supra.  in one, and sometimes in another, and ha●h servants in both, and in the night when his servants are forth, the house is broke by Thiefs, this is burglary.  
All Indictments of burglary are quòd 〈◊〉 
Stamford.  fregit, and the night to this purpose begins at Sun setting, and continueth to the Sun rising. 
Dalton. 18 Eli. c. 6.   
Burglar shall not have his Clergy.   

BURGH ENGLISH.  
Burgh English, or Borough English, is a custom 
Lit. Te●. l. 2. c. 1●. So called, because this custom was first (as some hold) in England. Cook on Lit. p. 11●. B. Cook on Lit. l. 2. c. 10, sect. 165.  in some ancient Borough, that if a man have issue divers Sons, the youngest Son 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 shifted 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 Son shall enjoy it.  
A man seized in see of Lands in Burgh English, after the Stature of 27. ● 8. makes a feoffment 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 
L. Dy. term. Pasch. in 2. Reg. Eliz.  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, 
Cook 6 Rep. George's case  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 apparent of such Lands holden by Knight's 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, 
Cook on L●●. l. 2. c. 9 sect. 159.  Castle or Manor belonging to the Crown, whereof he holdeth his Land.  
Tenure in chief is so called, per excellentiam, because as the head is the principal 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 Tenors in chief began in ancient time, upon the grants of Kings to defend their persons, and their Crown and Regality, against Enemies and 
L. Dyer ●, 44. A.  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 
L. Dyer p. 144. B.  his Manor, or Honour, or Castle, and not about the person of the King, than it is not ●e●●re ●● Capite.   

CASTLE.  
Castle, no subject can build a Castle or House o● strength imbattelled, or other fo●tress d●●e●●ible▪ without the licence of the King, for the dange● which might ensue, if every man at his pleasure 
Cook on Lit. p. 5.  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 
Cook on Lit. l. 2. c. 12. sect. 234.  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 
In savorem vitae.  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 judgement beginning at the lowest. But a sub●ect under the degree of Nobili●y, 
Magna Charta saith per judicium Parium suorum.  may in case of Treason or Felony challenge 〈…〉 as many he can, if he can allege ca 〈…〉 or malice.  
Principal 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 
Cook ub● supra▪  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 impanelled, where any of the Commons is to have a trial.  
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 impanelled 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 principal challenge; for the Law presumeth, that one kinsman doth favour another before a stranger. If either party labour the juror, and give him any thing to give his verdict, this is a principal challenge; but if either party labour the Jury to appear, and to do his conscience; this is no challenge at all, but lawful for him to do it.  
4. Propter delictum, for crime, it being a maxim in the Law Repellitur a sacramento infamis.    

CHAMPERTY.  
Champerty, Campi par. It is a bargain with the 
Cook 2 part of Instit. c. 3.  Demandant or Tenant, Plaintiff or defendant, to have part of the thing in suit, i● he prevail 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 
Cook on Lit. lib. 3. c. 8. sect. 500 Lambert's Iust. of P. It cometh of two French words, that is, ●apsus & mes●er, id est, miscere.  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-medley, 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 meddled (or committed) together by mere chance, and upon some unlooked for occasion, without any former 
cowels 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.  malice.  
It is corrupted from Chaudmelle, which signieth hot or ●suddain debate, rixa in the Civil Law, whence in Scotland Chaudmelle is opposed against forethought 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-medley, for which he which killeth shall have his pardon of course, as appear 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 chattels, 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 unlawful act, as casting stones in an highway where men usually pass, or shooting Arrows in a Marketplace, or such like, whereby a man is killed, it is felony at least.   

CHANGE.  
Change, If two Parsons of several Churches change their Benefices, and resign them into the 
Perkins tit. eschanges. p. 58.  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 
Terms of Law.  out of his ground, and if the Rent be behind, it shall be lawful 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 
●ook on Lit. ●. 2. c. 4. sect. 108. and epist. 8 Rep. and Proem to his 2 part of Instit.  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 politics of our Nation, the Charter of the people's right, the hedge of their property, the strength of their security.  
It hath been confirmed above thirty times, and 
judge Doderidge. Cook on Lit. ubi supra.  commanded to be put in execution, and was bought with the blood of our Nobility, and English Ancestors in those troublesome times of King john 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, showing the Names, Place, and quantity of the Land, the estate, 
Terms of Law.  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 
Cook on 9 Rep. Anna Bedingfields Case. Cook on Lit. l. 1. c. 1. s. 1. Lord Buckhursts Case. 1 Rep. 1.  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, 
cowels interp. verb. Cattalls. Kitchen fo. 32. verb. Catalla.  which by a word of art we call catalla, it signifieth all goods movable, and unmoveable, except such as be of the nature of freehold, or parcel thereof.  
Some hold that ready money is neither goods nor Chattels, nor Hawks and Hounds, because they be ●erae naturae, Dr. cowel (in his interpreter) gives this witty reason, why Money is not to be accounted goods or chartels, because, saith he, money of itself is not a thing of worth, but by the consent 
Cook on Lit. lib. 2. c. 11. sect. 177. Bona includes all Chattels, as well real, as personal. Id ib.  of men, and so for their easier traffic 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, etc. called personal, because for the most part they belong to the person of a man, or because they are to be recovered by personal actions.  
2. Real, 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 
Cook on Lit. ubi supra.  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 
Dr. Cowels interp. Kitchin.  such goods a● actively and by their own accord do move themselves, is horses, oxen, sheep, and cattle, and by mobilia such goods as passively are movable, or removable from one place to another, as apparel, pots and pans, yet regularly and for the most part, by moveables are indifferently understood goods both actively, and passively movable. Immovables are those goods which otherwise be termed chattels real; for that they do not immediately belong to the person, but to some other thing by way of dependency, 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 franktenement.   

CHEVAGE.  
Chevage, is a sum of money paid by villains to their Lords in acknowledgement 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 ancient liberty of the 
Cook on Lit. l. 2. c. 11. sect. 209. T. of Law.  Church confirmed in divers Parliaments. It is when a man is arraigned of selony, and such like before a temporal Judge, and the Prisoner prayeth his Clergy, that is, to have his book, than the Judge shall command the Ordinary to try if he can read as a Clerk in such a book and place, as the Judge shall appoint, and if the Ordinary certine the Judge that he can, than the prisoner shall not have judgement to lose his life. The Book was 
Bacon's use of the Law. p. 22.  allowed to the Clergy, for the scarcity of them to be disposed of in religious houses; it was allowable in ancient 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 murder, burglary, robbery, purse-cutting 
* Horse or mare-stea●ers shall not have their Clergy, because horses are for public 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.  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 afterwards 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 King's Bench, for if he be judged before the Justice's o● the Goal delivery it is otherwise, because the●r Come 〈…〉 on ●●●● with the●r Session.  
Clergy was allowed to an accessary to the 
Dyer term. Pasch. ann. Mariae p. 99 L. Dyer term. Michael. Annis 3. & 4 Reg. Eliz.  stealing of Horses and 〈…〉, because the Statute shall be taken most 〈…〉, which speak● expressly but of the principal.  
Although he hath been instructed and taught in the Goal to know his Letters, and to read, this shall serve him for high 〈…〉, but the Gaoler shall be punished for this.  
Clergy is grantable but once, to one person, except 
Frust● a Legi▪ au●ilium implo●at, qui commi●tit in legem.  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 always taken in the worst part, and signifieth an evil done by pretence and countenance 
Ployd. Com. Dive against Manyngh. f 64. A 68 A.  of an Office. But virtute officii or ratione officii, by reason of the office, and by virtue of the office, are taken always 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 than 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 than robbery; because that is apparent, and hath the vi● o● o● vice: but this appeareth under the v●●age of virtue▪ 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 
Terms of Law.  party to the condition shall receive prejudice and loss, and by doing of the same, commodity and advantage.  
If a man give Lands to another, and to the Heirs 
Cook ●n lat. l. 3. c. 5. sect. 352.  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 mortgage 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. pays 
Cook on Littlet●n l. 3. c. 5. sect. 352.  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 tendered the money, the morgagee might have refused it.  
If Feoffment 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 enfeoffed of Lands or Tenements, he hath power 
Lit. l. 3. c. 5.  to alien them to any person by the Law. For if such a condition should be good, than 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. Knight's 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 
Cook on Lit. l. 3. c. 9 sect. 515.  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. 
Fit. N. bre. s. 169.   

1. Per●i●iens, as if feoffee upon condition make feoffment 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 
Cook l. 9 of Rep. Beaumont's Case. 142.  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 lesle rent.    

CONFISCATE.  
Confiscate, this word ●ometh from the Latin 
Confiscare i e. confer 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.  word fiscus, which (as 〈◊〉 saith) originally signified an hamper; but metonymically the Emperor's treasure, because it was anciently kept in hampers; and such good● as were forfeited to the Emperor's Treasure, or any offence, were b●na 〈◊〉, and so do we ca●l those goods that are forfeited to the King's 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 confiscate, 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 
I. Doderig.  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 
Cook 8 Rep. Grieslies. Case.  to execute his Office, when need is, diligenly, and not through impotency o● indigence to neglect it; for if poor men which live by the labour of their hands, be eel 〈…〉 to 
Dalt. Iust. of P.  this Office; they will rather pertuit Felons and other Malefactors to escape, and neglect the execution 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's, ●●●liffs in Towns corporate, etc.   

CONTRACT.  
Contract, (called by the Civilians acceptilati) is an agreement between parties concerning goods or land● for money or other recompense: It is called a contract because by covenanting diversae v●luntates in unum contrahuntur. It is a bargain 
Contractus est quasi actus contra actum. Cook.  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 recompense 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, than 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 Highway, and I shall give thee thus much; and 
D. and Student▪ cap. 4.  if he do it, I think an Action lieth at the Common Law.  
This word (pro) makes a contract conditional; 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 Counsel giving, and stop the Annuity; 
L. Dyer termin. Michael Anno 6 E. 6. P. 76  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 Christmas; if the Hawk be not delivered at the day, you shall not have an Action for the horse.  
The Infant's contract for his meat, apparel, and necessaries is good, if he be of the age of fourteen years.   

COPYHOLD 
The Tenants thereof do hold per copiam rotulorum Domini.   
Copyhold, is a Tenure, for which the Tenant hath nothing to show, 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 villainage.  
The doing of fealty by a Copyholder, proveth 
Cook on Lit. p. 63.  that a Copyholder so long as he observes the custom of the Manor, and payeth his services, hath a fixed estate.  
Although in the judgement of the Law, he hath but estate for will; yet custom hath so established and fixed his estate, that by the custom of the Manor, it is descendible to him and his Heirs; and therefore his estate is not merely add voluntatem 
It is an estate of inheritance, secundum quid. Cook 4 Rep. Copyhold case.  Domini, but ad voluntatem Domini secundum consuetudinem manerii; and by keeping the custom he shall inherit the Land, as well as he that hath Franktenement at Common Law, for consuetudo est altera Lex.  
The stile of a Copyholder 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 Manor 
Cook 9 Rep. Combs case.  hath fixed his Estate, and assured the Land to him as long as he doth his service and duties, and performs the custom of the Manor.   
If a Copyholder be a popish Recusant, his Copyhold is forfeit, for his life to the Lord of the 
35 Eliz. c. 1.  Manor, if the Lord be not Re●usant, and if the Lord be, then to the King.   

CORONER.  
Coroner, is an ancient Officer of trust, and of 
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.  great authority, ordained to be a principal confer vator or keeper of the peace, to bear record of the Pleas of the Crown. Although by the Law, the Coroner cannot inquire of any felony; but the death of a man; yet it hath been said, that in N●●than●●erland they inquire 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 inquire thereof, and not the Admiral, because the Country thereof may well have knowledge.  
The empannelling of the inquest, and the view of the body, and the giving of the Verdict, is 
Smith's Commonwealth of England▪ c. 24  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 Knowledge▪ 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 knowledge.  
4. Of good ability and power to execute his Office according to his knowledge.  
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 King's death, for they are made by the King's writ, and not by Commission, as Justices are, whose authority is determined by the death of the King, for by the Commission he 
Daltons' Iust. of P.  maketh them justiciarios 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 joining together 
T. of Law.  of many into one fellowship, Brotherhood 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, 
Fulb. Law of Nature. 8. c.  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 itself by Covenant, ante annos nubiles, which is twelve years in a woman, and fourteen 
Daltons' Iust. of P.  years in a manchild.   

COVINE.  
Covine, cometh of the French word convince, and 
Cook on Lit. l. 3. c. 12. sect. 678. Ploughed. fol. 54. b.  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 damnified, 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 
Cook on Lit. l. 1. c. 1. sect. 10.  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 Logic, and the Count to Rhetoric.   

COUNTY.  
County, signifieth as much as Shire, both containing 
Cook on Li●▪ l. 2. c. 10. sect. 124.  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 diversely taken, sometimes for the house 
● 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.  where the King remaineth with his ordinary retinue, and also the place where Justice is judicially ministered. 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, painful, and chargeable to the people, it was agreed by Parliament, that there should be a standing place where judgement 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 King's Bench, where Pleas of the Crown have their place, and where Kings 
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, Smith's commonwealth of England.  in former times have often personally sat. And on the left hand sitteth the Chancellor 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 
Smith's Commonwealth of England, camera stellata, or of the Latin word stellio, a starry Beast, whence cozenage is called by the Civilians crimin stellionatus, because that sin is punished in this Court, Lamb. jur. of Cour.  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 Chancellor, the Lord Treasurer, all the King's Majesty's counsel, 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 
Cook 11 Rep. Godferies case.  Sessions for any affray made in disturbance of the Court may imprison but not fine: some Courts can neither imprison, fine, nor amerce, as ecclesiastical 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 King's Courts, as he is King, those have that credit, that no ameroement can be taken against any thing there entered or done.   

CURSITER.  
Cursiter, they are called cursitors, because they 
judge Doderidge.  make brevia de cursu, Writs of course so called, because they have a settled form prescribed in an ancient Book, therefore called the Register of Writs.   

COURTESY OF ENGLAND.  
Courtesy of England, is where a man taketh a 
It is called courtesy of England, because it is not used in any other Realm, some say he shall not be Tenant by the courtesy, 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.  Wife seized in Fee simple or Fee tail general, or seized as Heir of the Tail special, 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 Message, quasi curta pecia terrae. Fairfax. 21 Ed. 4. fol. 52.  
If the Wife be delivered of a monster, which 
Cook ib. & Pains case.  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 human shape, this sufficeth.  
If the issue be born deaf or dumb or both, or be born an idiot, yet it is a lawful issue to make the Husband Tenant by the courtesy, and to inherit the Wife's Lands of such Inheritances whereof actual seisin cannot be gained until a certain time (as of Rent in fee, in right of the Wi●e, until the day 
Perkins fol. 90. b. & 91. a.  of payment, nor of advowson in gross until the incumbent die) of such Inheritances the Husband shall be Tenant by the courtesy, although he be not actually thereof seized during the Coverture.   

CONSUETUDO.  
This word Consuetudo, hath in Law divers significations. 
Cooks 2 part of the Institutes c. 30.   

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 Customs, Tributes, or Impositions, as de novis consuetudinibus levatis in regno, sive in terra sive in aqua.  
6. Subsidies, or Customs 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 
Cook on Lit. lib. 2. ●. 10. sect. 165.  of England, these Laws being divided into.  

1. Common Law.  
2. Statute Law.  
3. Custom.   
Custom is a reasonable act iterated, multiplied 
Sir john Davis his Reports. Cook ubi supra.  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. Reasonableness.  
3. Use or continuance.   
Others say, a good Custom ought to have four inseparable Properties.  
1. A reasonable commencement (for every 
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 tanistry. Davis ubi supra.  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 maxims in Law▪ Obtemperandum est consu●tudini rationabili tanquam legi. In consu●tudini●us n●● diuturnity temporis, sed soliditas rati●nis est consideranda. For if the custom be unreasonable in the original, 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 positive Law, as the custom of Gavel-●ind and Borough English are against the maxim and descent of inheritance, and the custom of ●●●●, the ●ather to the bough, the s●n to the plough, i● against the maxim 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 commonwealth 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 Commonwealth, and begins only by oppression and extortion of Lords, hath no lawful commencement, but is void: So by 
See him.  Littleton fol. 46. Custom that the Lord shall have fine of his Franktenant for marriage of his Daughter is held void; and custom that the Lord of 
Malus usus abolendus est.  the Manor shall detain distress taken upon his demeans until a fine be made to him for damage 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 
Davis ib.  interruption.  
3. Custom ought to have continuance without interruption, time out of mind, for if it be dis●on 
Consuetudo is nothing else but communis assuetudo.  inved within memory, the custom is gone: consuetudo ●emel reprobata non p●●●si amplius indu●●; for as continuance makes custom, so discontinuance destroys it. Nihil ●am conveniens naturals aequita●i, quam unum quodque dissol●●●o ligamine qu● ligatum est.  
4. It ought to be submitted to the Prerogative of the King, and not exalt itself 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 privilege exaltat se in praerogativam Regis, 1 Hen. 7. 236.  
Custom is either,  
1. General, which is currant through England. 
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.  That which is used per totam Angliam, is Common Law, & quod habetur consutend● per totam Angliam, is not a good manner, to allege a Custom, Cook 9 Rep. Combs Case.  
If any general 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 Customs according to the constitution of the place: as in Kent North-wales; because those Counties have been most subject to foreign 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 
Cook 7 Rep. case of Swans.  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 
Cook 8 Rep. case of the City of London.  Creditor before the day of payment may arrest him to find better surety.  
2. They may there enter a man's house with the Constable or Beadle upon suspicion of Bawdry.  
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. 
Consuetudo loci est observanda. Camb. Brit. in Glocestershire.   
In some places within the County of Gloucester, the goods and lands of condemned persons fall into the King's 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 
Cambden in Suffolk.  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 Country an Infant when he is of the age of fifteen years may make a feoffement, and 
D. & Student c. 10  the feoffement is good; and in some Country when he can meet an Eell of Cloth.  
In some places the Widow shall have the whole or half, dum s●la & castra vixerit. Sir George farmer claimed by Custom in his Manor of Torcester in Northamptonshire, to have a Common Bakehouse, 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 than Custom, sc. for five years, or one year or 
Terms of Law.  lesle: As if a fine be duly levied of Lands or Tenements, and be not gainsaid within five years, this is a bar to all claim for ever.   
Custom is nothing else but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
Suidas.  as indeed Law is no other thing then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.    

D.  

DAMAGE.  
Damage, in the Common Law, hath a special signification, for the recompense 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 damages to the Plaintiff, for by them his substance is diminished.   

DAMAGE FEASANT.  
Damage Feasant, is when a stranger's Beasts are in another man's ground, without lawful 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 
D. and Student.  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 anciently over ten Prebands or Canons at the least in a Cathedral 
Cook on Lit  Church, and is head of his Chapter.   

DEBT.  
Debt, debts due by Obligation, shall be paid by 
Cook 9 Rep. Pin●hons case.  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 Creditor of the Husband and Wife recover the debt during the Coverture, then, although the Wife die, yet the Husband shall 
Fitzh. Na. Br●tu. Det.  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 rendering rend, and she taketh a Husband, and after the rent is behind, and the woman die, the Husband 
Id. Ib.  shall be charged by a Writ of Debt for this rend behind, because that he takes the profit of 
Qui sentir commodum sentire debet & onus.  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 
Cook lib. 8. Rep. p. 147.  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 until he be paid, as an Innkeeper may his guest's 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 lieth where a Juror in any inquest, taketh money of the one part or other to give his verdict, than he shall pay ten times as much as he hath received.   

DECEIT.  
Deceit. the Common Law giveth a double remedy against such as endamage others by deceit, viz. either a Writ of deceit or an Action upon the Case.   

DEED.  
Deed, This word in the understanding of the 
Factum un fait it is called of the Civilians literarum obligatio. Cook on Lit. l. 1. c. 5. sect. 40.  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 
Traditio loqui facit Chartam.  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, 
In Deeds the Delivery is to be proved.  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. 
Cook 2 Rep. Goddards Case.  Then to seal to it.  
And a●ter to deliver it: And therefore it is not necessary, that the sealing o● delivery be mentioned 
Cook 5 Rep. Wyndams Case.  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, 
Which division groweth from the form or fashion of them. West. part 1. Symb.  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 
Cook on Lit. l. 3. c. 5. sect. 3 ●0.  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 alleged 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. 
Cook ubi supra. And Cook 5 Rep. Styles case.  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●● 
Cook on Lit.  quod factum est.   

DEFAULT.  
Default, is a French word, and defalta is legally 
Cook on Lit. l. 3. cap. 7. sect. 438.  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 unlawful Case. For quarrels are not presumed to grow without some wrongs either in words or deeds; therefore the Law putteth him 
Bacon's Collections of the Law.  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 
Id. use of the Law.  lose his goods, except the party slain did first ussault him, to kill, rob, or trouble him by the Highway 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.    

demandant.  
demandant, is he which is Actor in a real Action, because he demandeth Lands. And Plaintiff, que●ens in Actions personal and mixed quia queritur de injuria, I'enant, I'erens, in real Actions, and defendant desenden● in Actions personal and mixed.   

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 King's 
Cook on Lit. cap. 11. sect. 198.  ligeance, and thereupon in Latin called judigena, or from donaison donatio, because his freedom is given unto him by the King.   

DENIZATION.  
Denization is threefold.  

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 
Cook Calvins Case.  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 ways, 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 
Quasi Deo dandum, i e. in eleemosynas erogandum.  slain by a Horse or by a Cart▪ or by another thing that moveth to further the death, than 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 King's Almoner, for to dispose in Alms 
Where a man killeth another with the sword of ●. at stile, the sword shall be forfeit as a Deodand D. and Student. c. 51.  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, 
Cook on ●i●. l. 2. c. 11. sect. 2●2. Dicitur à detinendo because detinet is the principal word in the W●●t.  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 lieth against him who having goods and chattels delivered to him to keep, refuseth to deliver them again.  
Upon general acceptance of goods to keep or to 
Cook on Lit. Cook 4 Rep. S●uth●●tes Case.  keep safely, if the goods be stolen or otherwise perish, the ●a●li. For he that accepts them shall answer for them. otherwise it is, if he take them upon special acceptance, to keep them as his own goods.   

DEVICE.  
Device, cometh from the French word diviser, 
Minishew.  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 device, or else it may be derived from the 
Cook on Lat. l. 2. c. 10.  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. 
Lit. Ten. l. 3. c. 10. p. 123. Sect. 55●.  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 than 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 
Cook on Lit. l. 1. c. 1. sect. 1.  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 device 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 device an house furnished, the household 
Fulbecks' prepar. Id. ib.  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 device the third part of his g●●ds to his Wife, it shall be 
Fulbecks' parallel.  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 coverture, because they are but one person in Law; yet he may device his Lands to his Wife, to have in Fee-simple, 
Lit. l. 2. c. 10.  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 
Ployden p. 413.  that wills are most often made when men l 〈…〉 extremity and want counsel. 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, 
Exceptio.  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 
Perkins ●●●. of testam. p. 92. ●▪  neighbours delivers him both the Testaments, and ●e takes them in his hand, and the other saith unto him, Redeliver 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 device to an Infant in his Mother's belly it is a good device, otherwise it is by feossement, 
Terms of Law.  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 device Land in certainty, as the manor of Dase or white A●re, and he hath no interest nor possession 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 than 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 seized of a house, and possessed of 
Cook on Lit. l. 3. c. 3. sect. 287.  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 ancient 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 ways, viz.  

1. Ius recuperandi.  
2. Ius Intrandi.  
3. Ius habendi.  
4. Ius retinendi.  
5. Ius recipiendi.  
6. Ius possidendi.   
All these several sort● of Rights following the relations of their objects are the effects of Civil Law.   

DISCRETION.  
Discretion, is a knowledge or understanding to discern between falsehood and truth, right and wrong, shadows and substance, equity and colourable 
Cooks 5 Rep Rooks case.  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 the 
Cook on Lit. l. 3. cap. 11. sect. 592.  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 villainy 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 
Terms of Law.  kinds.  
The first, Propter vitium animi, as an idiot non composmentis, a Lunatic:  
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 
Cook on Lit l. 2. c. 4. sect. 188.  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 cripple, halt, lame, decrepit, crooked.  
3. Privation, as blind, deaf, dumb.  
4. A horrible disease, as leprosy, pal●●e, dropsy.  
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. Devoured.   
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 wrongful putting out of him that 
Cook on Lit. lib. 3. c. 8. sect. 475. Cook's case of execuors. 5 Rep.  is actually seized of a Freehold. All lawful 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 called districtio, sive angustia, because the cattle distreined 
Cook on Lit. l. 2. c. 6. sect. 136.  are put into a straight which we call a Pound. It is a maxim 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 Manor, and this is certain enough, albeit the Lord hath sometimes a greater number, and sometimes a lesser number there, and yet this incertainty being referred to the Manor which is retained, the Lord may distrein for this uncertainty.  
One may distrein any where intra ●●●●um, so that it be not in the Highway nor Churchyard. 
Of what things a didress may be taken.   
A distress must be,  

1. Of a thing, whereof a valuable property is in some body, and therefore Dogs, Bucks, Coneys, and the like that are ferae naturae cannot be distreined.  
2. Although it be of valuable property as a 
Cook on Lit. l. 1. c. 7. 〈…〉. 5●.  horse, (yet when a man or woman is riding on him) or an Axe in a man's hand cutting of wood and the like, they are for that time privileged, 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 Commonwealth and are thereby Authority of Law, as a horse in a Smith's Shop shall not be distreined for the rent ●●●ing out of the shop, nor the horse in the Hostry nor the materials in a Weavers Shop for making of cloth, nor cloth or Garments in a Tailor's Shop, nor sacks of Corn or Meal in a Mill, nor in a market, nor any thing distreined for damage pheasant, for it is in the custody of the Law.  
4. Nothing shall be distreined for rend that cannot be rendered 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 damage pheasant they may. But Carts with Corn may be distreined for rent, for they may be safely restored.  
5. Beasts belonging to the Blow averia carucae shall not be distreined, for no man shall be distreined by the Instruments of his Trade or profession, as the Axe of a Carpenter, or the Books of a Scholar, but goods or animalia ●●iosa may be 〈…〉. If the distress be of utensils of household 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 covenant, he that d●streins any thing that hath life must impound them in a lawful pound within three miles in the same County.   
The Common Law is, men cannot distrein for 
Cook 7 Rep. cases upon the Statute and ● Rep. ●●●●allyes Case, and ●n l●●. l. 2. c. 1●.  rent or service in the night, as is adjudged in the 12 of ●. ●. ●●●. distress, but for damage 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, 
Ridly of the Civil Law. Cook on Lit.  because such as are divorced, go one a divers 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 precontracted and hath issue b● her, 
Buries case 5 Rep.  this issue in Law, and in truth bears the surname of his Father: but i● after the Husband and the Wife be divorced for the precontract, there the issue hath lost his surname, and it become a Bastard & nullius fi●u●s.  
2. Causa frigiditatis, therefore if a man be married 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 〈…〉 lawful, 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 twofold.  

1. A vinculo matrim●nti, causa praecontract●●, causa metus, causa imp●t●mi● seu frig●ditatis, 
Cook on Lit. l. 3. c. 5. sect. 38●. and ● Rep. Kennes case.  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 marriage 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 demean 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 multiplicity. Est autem dominicum quod quis habet ad 
Brac. l. 4. tract. 3. c. 9 n. 5.  ●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 domains of a Manor, etc. 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 sometimes 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 sometimes 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.   

DOOMSDAY. 
I ambert in his perambulation of Kent.   
Doomsday, 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, 
Camb. Brit.  Anglis ●●●ti●m, Angliae 〈…〉▪ c●●●●ales, acts publica & Angliae ●ust●um 〈…〉 nare 
Liber Dome▪ Dei vary 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 fundament 〈…〉 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.  placet.   

DOWER.  
Dowe●, in the Common Law, is taken for th● 
Cook on Lit. li. 1. cap. 5. sect. 3●.  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 sustenance of herself, 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 bail.   
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 does. 
D●s is derived ex donatione, & es● quasi donarium, because the Law itself giveth it to her.   
Of a Castle that is maintained for the necessary de●e●●e of the Realm, a woman shall not be endowed, because it ought not to be divided, and the public 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 Tithes, 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 lawful 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 endowed, for albeit she was not absolutely dowable at the time of the marriage, yet she was conditionally dowable, vir. she attained 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 endowed.  
By the Custom of Gavel-kind, the Wife shall be endowed of the moiety, so long as 
Id. sect. 53.  she keep herself 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 possibility to have issue by him, v●t 
Id sect. 35.  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 ancient times have had Children at that age, whereunto no woman doth now attain, the Law cannot judge that impossible, which by nature was possible. And in my time, a woman about threescore years old hath had ● Child, & ideo non definite 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 
Cook on Lit. Fulbecks' p●epar.  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 
An. 4. jac. 5. c. made perpetual by 21. jac. 7. 6.  5 s. or sit six hours in the Stocks, for tippling 3 s. 4d. 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 Offender of drunkenness.   

DURESSE.  
Duresse, is where one is kept in Prison or restrained 
Ex duritia of strait imprisonment or hard entreaty. Doderidge.  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 ransom himself from an unlawful captivity. Vide new B. of Put Verbo duresse.    

E.  

ECCLESIA.  
ECclesia, this word in the Common Law, is 
Fitz. Nat. Brev. 32. c.  most commonly used for a place wherein Baptism, and the Scpulture of men's bodies is celebrated, and Fitzherbert saith, by this word Ecclesia is meant only a parsonage, and therefore if a presentment be made to a Chapel, 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 
Cook on Lit. l. 2. c. 6. sect. 133.  obedience, perpetual chastity, and wilful 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, etc.    

ELECTION.  
Election, is when a man is left to his own free will, to take or to do one thing or another, which 
Terms of ●●●.  he pleaseth.  
Election may be of  

1. Things, as i a man should pay a sum of Money, or else a Hor●e o● a Hawk.  
2. Of persons, as if he should pay it to I. S. 
Fulbeeks prepar.  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 several things, always 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 rendering a ●●●t or a Robe, the Leslee shall have the election causa quâ supra. 
Cook on Lit. l. 2. c. 12. sect. 319.  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 seizure 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 annual, 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 unied 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 judgement shall determine his election for ever, but if I contract with you to pay unto you 20s. or a robe at the feast of Easter, after the feast you may bring an Action of Debt, for the one or the other.  
If a Wife be endowed 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, etc.  
A. covenanteth to pay B a pound of Pepper 
Dyer fol. 18. 104.  or Saffron before Whitsuntide, which of them he will pay, but if he pays it not before the same feast, than 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 
21 H. 7. 19  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 
Cook l. 5. Rep. fol. 59  of the Constable to go to what Justice he pleaseth.   

ELEGIT.  
Elegit, est nomen Brevis, sic dictum ab hoc verb● 
Cowel Instit.  (Elegit) in eodem comprehenso.   

EMPARLANCE.  
Emparlance, cometh of the French word (parlour) 
Cowels Interpreter.  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 
Some derive it from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to accuse.  sound by an inquest, 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 always at the suit of the King, and his Declaration.  
To make a good endictment it is necessary to put 
If it be uncertain, it is not good. Stamford pl. of Cr. l. 2. c. 30.  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 indicted, because he took one for suspicion of felony, and after eum feloni●è, & voluntariè ad largum ire permisit, and did not show in certain for what suspicion of felony, so when one is indicted that he made an hundred shillings of Alchemy ad instar pecuniae Domini Regis, and alleged 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 
Stam. ubi supra.  escape punishment, therefore although no appeal lie against him in this case, yet and Endictment lies, and he shall be indicted, quòd interfecit quondam igno tum, the same Law is if one be indicted 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 mortal 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, 
Brooks abr. 4 Rep. cases of Appeals and Indict.  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 
Cook 7 Rep. Calv. Case.  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 employed 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 indicted super visum corporis, before the Mayor of London, without adding this word Coroner, this is not good, and yet he which is Mayor of London is always Coroner; and therefore 
Stamford pl. of Cr.  it is employed. If one be indicted 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, 
Vi & armis must ●e in all Endictmen●●●● treason, murder, selony▪ 〈…〉 else it is not good. D. and Student. c. 5. 4.  that is, with st●ves, swords and knives feloniously stole the Horse, against the King's peace, and that form must be kept in every Endictment, though the fellow 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, etc. 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. come. 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 come. S. uxor J. S. Spinster is not good against Alice S. for there Spinster, being an indifferent addition, 
Ad proximum antecedens fiat relatio.  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 come. 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 man's Tomb in a Church, the Endictment must be bona executorum of the dead man, but if a 
Lambert. Eirenarch. 494, 495.  Grave-stone be taken away, the Endictment must be bona Ecclesiae.   

ENFRANCHISEMENT.  
Enfranchisement, is when a man is incorporated into any society or body politic.  
It is a more general word than manumission, for it is more properly applied to a Villain, and therefore every manumission is an enfranchisement, 
Cook on Lit. p. 137.  but every enfranchisement is not a manumission.   

ENTRUDER.  
Entruder, An abator is he that entereth 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 
Ad ea quae frequentius accidunt jura adaptantur.  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 lawful 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 highway, and the beasts hap 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 justify 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 beggar, that is well able to labour. Yet if a man meet with a valiant beggar in so cold weather, and so light apparel, that if he 
D. and Student. c. 16. If he be committed for felony. Plowden term. Hil. in quarto. Ed. 6. Renig. against Fogassa.  have no clothes he is likely to die, and he giveth him apparel 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 Romans, 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 war to descry the enemies to the Romans, and he by the judgement 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, than it shall be treason in him, and if for trespass, than trespass. If murder be made in the day, and the murderer be 
Stamford▪ pl. of Cr.  not taken, than 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 
Id. pl. of Cr. l. 1. c. 33.  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. 
L. Dyer. Term. Hill. an. 4. Reg. Eliz.   
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, 
Cook Rigewayes Case. 3 Rep.  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 
Cook Boytons' Case. 3 Rep.  aught 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, until 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 
Ploughed. Come. Plato's Case.  an escape in the woman, and the Law judgeth the prisoner to be at large.   

ESCHEAT.  
Escheat, Escheats hap two manner of ways Aut per defectum sanguinis, as if the Tenant dies 
Cook on Lit. p. 31 & 492.  without issue, aut per delictum tenentis, that is for felony, escheta is derived of the French word eschier accidere, for an escheat is a casual profit quod accidit Domino ex eventu & ex insperato 
Escheats by Civilians are called caduca.  which happeneth to the Lord by chance, and unlooked for, in which Case we say the Fee is escheated.  
Those which are hanged by martial Law, in furore belli, forfeit no Lands, for etcheat for felony is three manner of ways.  

1. Aut quia suspensus per collum.  
2. Aut quia abiuravit regnum.  
3. Aut quia ut legatus est.   
The Father is seized of Lands in Fee holden of I S. the Son is attainted of high Treason the Father dieth, the Land shall escheat to I. S. pr●pter defectum sanguinis, because the Father dieth 
Cook on Lit. l. 1. sect. 4.  without heir, and the King cannot have the Land, because the Son 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 seized, of whomsoever they were holden.   

ESCHEATOR.  
Escheator, cometh from this word Escheat, he 
Id. l. 2. c. 5. sect. 130.  is so called because his Office is to inquire of all casual profits, and to seize them into the King's hands, that they may be answered to the King.   

ESTATE  
Estate, is the title or interest that a man hath in 
Status dicitur à stando because it is fixed and permanent. Cook on Lit.  Lands or Tenements.  
In the Law any Estate for life being an Estate for Freehold is a higher and greater Estate than 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 real actions, or to Suitors in Court baron for five causes.  

1. De malo viae sive veniendi, where the Tenant 
See Cooks 2 part of Instit. c. 12.  would not come in respect of some impossibility, or durst not in regard of some eminent danger, and this is called es●onium common.  
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 forty days at least, Glanvillus cap. 25.  
4. Servitium Regis, when the Tenant is in the King's service, and then the plea resteth without day until he retur, Glanvillus cap. 27.  
5. De terra sancta, where the Tenant or Defendant was in pilgrimage to the holy Land, or as volunteer 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 
Cook 2 Rep. Goddards Case.  though it be to say the truth, and therefore Jurors cannot be estopped, because they are sworn to say the truth.  
Estoppels are three ways effected,  

1. By matter of Record.  
2. By ba●e writing.  
3. By Fact, in paiis.    

ESTOVERS.  
Estovers, are nourishment or maintenance, it 

à Gallico estover, 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.   is also used for certain allowances of wood to be taken out of another man's wood, whence the English call household 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 cattle is in any Lordship, and none knoweth the owner thereof, than it be shall seized 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, than 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 jure naturali, & jam efficiuntur Principis de jure gentium. But now Kings have granted this Prerogative unto their Subjects within their liberties, so that waives and estrays are the Lords of the Franchise where they are found, but they must first by him be caused to be cried in Markets near about 
The Common Law extendeth derelictum both to that which is voluntarily forsaken, and to that which is waived and left by necessity.  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 memorial 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, etc. coram, etc. 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 seized of certain Land, and another man is seized 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 always, 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 fourfold,  
1. Of goods only by Fieri facias, or of the moiety 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 
An Executor of a last Will and Testament executing and performing the Will of the dead judge Doderidge.  and last Will, and therein nameth the person that shall execute his Testament, than 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 john Nedhams Case.   
An Executor or Administrator ought to execute 
Debts due by obligation, shall be paid 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.  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 another's right, and to others uses, and he ought not to practice or device 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 aught 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 
Smith's Commonwealth of England. Quod non est debitum vel quod est ultra detum, vel ante tempus quod est debitum.  want of such constitution) constituted by the ordinary to administer how farro we shall become liable 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 rendering himself, as ye would say exactus or actus in exilium   

EXTORTION.  
Extortion, is the unlawful 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 than 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 legal understanding, doth not contain matters of Record, as Letters 
Cook on Lit. l. 3. c. 8. sect. 485.  Patents, Fines, Recoveries, Inrolements, and the like, and Writings under Seal as Charters and Deeds, and other Writings without Seal, as Court Rolls, 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 joined 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 seized 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 
Cook on Lit. lib. 1. c. 1. sect. 1.  the feoffer be bound to warranty, than 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, Cattles Victuals, etc. which was called Feorme: so that although 
Pl. Com. 169.  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 occupiers of such Land Farmers. A Farm in Lancashire is called a Fermeholt, in the North parts a Tack, and in Essex a Wike, and was anciently 
Br. Grant. 155.  called sundus. By the grant of Farms will pass Leases for years, as also Houses▪ Lands, etc.   

FEALTY.  
Fealty, it is the most general service in the Common 
In the civil Law is called fidelitas. Cook l▪ 4. Berits case, and on Lit. l. 2. c. 2. sect. 91.  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 
Littleton and Cook n Lit.  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 
Ridleys' view of the Civil Law.  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 
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.  more pleasant pronunciation 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 
Cook on Lit. l. 1. c. 1.  to the heirs of his body.  
A man may have a Fee-simple in 3 kinds of hereditaments, viz. Real, personal and mixed, real as Lands and Tenements.  
2. Personal, as if an annuity be granted to a man and his heirs.  
3. Mixed hereditaments, as when the King createth an Earl of such a County, to have the dignity to him and his heirs, this dignity is personal, and also concerneth Lands and Tenements.  
Every man that hath a Fee-simple, hath it either by right or by wrong, if by right, than he hath it either by purchase or descent. If by wrong, 
Id. ubi supr●.  then either by disseisin, intrusion, abatement, or usurpation.   

FEE.  
Fee or Inheritance is either,  

1. Corporeal, as Lands and Tenements which lie in livery, these may pass by livery by Deed or 
Haereditas corporata.  without Deed.  
2. Incorporeal, which lieth in grant, and cannot pass by livery, but by Deed, as advowsons, 
Haereditas incorporata.  Commons.    

FEES.  
Fees, there are divers Opinions about Knights 
A plough or hide of land which is all one, is as much as one may plow in one year.  sees. Some say that a hide or a plough of Land contains 10 Acres, and that 80 hides or 800 Acres of Land, make a Knight's Fee, and others hold that 680 Acres of Land make this, but a Knight's Fee is properly to be esteemed according to the quality and not the quantity. In ancient time men thought 20 l. of Lands was sufficient to maintain the degree of a Knight, also every Blow of Land was anciently worth four Nobles per annum, and this the life of a yeoman, & ex duode●in 
Cook 9 Rep. Lowes case.  carucatis constabat unum foedum imlitare, which amounts to 20 l. per annum.   

FEOFFEMENT.  
Feoffement, is the ancient and most necessary 
It is derived of foedum quia est donatio foedi. Cook on Lit. l. 1. c. 1. sect. 1.  conveyance, because it is solemn and public, and also because it cleareth all disseisms, abatements, intrusions, and other deseasible estates, where the entry of the Feoffer is lawful, which neither fi●e recovery, nor bargain and sale by Deed indented and enrolled doth, Ephron enfeoffed 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 
Perkins tit. Fe●ffments.  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 
Id. Ib.  eam carnaliter, and after he infeof her of a plough of Land, and put her in seism, and after marry her in fancy 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 
Terms 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.  f●●, which is in English gall, or of the ancient English word fell or fierce, because it is intended to be done with a cruel, 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 ancient 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 committed of them, and no man shall lose for them life or member, as a Bloodhound and a Mastiff.  
To steal fruit that hangeth on a Tree, to cut down and carry away the Tree itself, is not felony, 
But a trespass.  but these things be part of the freehold till they be severed, and cannot be reputed for any chattels. But if I gather mine Apples or cut down a Tree of mine own, then may another become a fellow by taking away either of them.  
Felony cannot be commited by the taking of beasts that be savage, if they be savage and untamed at the time of taking, nor for taking of Doves 
Stamford pl. of Cr. p. 1. c. 1.  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 Do which is tame and domestical is felony, but as Mr Stamford well noteth, it seemeth that he that stealeth it should have certain knowledge that it is tame; but if the Do be killed, and then stolen, this is certainly felony, saith he. So if one break a Dove-coat, and take out the young Pigeons 
Id. Ib. Quam varia sunt feloniarum genera, Henricus Spelmannus, eques Auratus in eruditissimo suo Glossari● ostendit. Vossius De vitiis Sermonis. l. 2. c. 6.  which cannot go nor ily, this is felony, or steal Fish out of a pond or trunk, or young goshawks engendered in my Park, which cannot go nor ily.  
The punishment of a fellow is grievous.  

1. He loseth his life, his judgement is to hung by the neck until he be dead. 
Quod suspendatur per collum.   
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. 
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.   
4. He shall forfeit all his Lands and Tenements which he hath in Fee, and in tail, and for Tenor 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 jacobi 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 
This Statute to continue until the first Session of the next Farliament Portescue. de laud. leg Ang.  by imprisonment, whipping, stocking, house of correction, and for so long time not exceeding a year, as the Iudge shall think meet  
The Civil Laws do judge open theft to be satisfied by the recompense of fourfold, and private theft, by the recompense of double. But the Laws of England suffer neither of these offences to be more favourably punished then with the offenders death, if the value of the thing stolen be above twelve pence.  
If a man be adjudged to be hanged, and the Sheriff 
Stamf. l. 1. pl. of Cr. c. 4.  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 mortal 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 
Cook 1 Rep. Shellies' case.  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 loose her Dower, because it is no attainder in deed.  
He that is felo de se shall not have Christian burial, and all his goods and chattels are forfeited to the King, and by his Almoner are to be distributed to pious uses (heretofore) in salutem animoe.   

FINE.  
Fine, This word (Finis) hath divers significations 
Cook 8 Rep. Keechers Case.  in the Law, quia aliquando significat pretium aliquando poenam, aliquando pacem.  
For 1. The price or sum which is the cause of obtaining a benefit, is called a fine: as a fine for alienation for admission to a Copyhold 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 
Cook on Lit. lib. 1. cap. 9 sect. 74.  of the Case appearing unto them, and if the Court where the cause dependeth, adjudgeth the fine exacted unreasonable, then is not the Copyholder 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, 
Stamsord pl. o● Cr. l. 3. cap. 2. Stam●. of prero. c. 16.  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 indicted of the same.  
When a true man is pursued as a fellow, and he flieth and waveth his own goods, these are forfeited, 
29 E. 3. 29. 37 H. 8. Stam●. fol. 186. 4.  as if they had been goods stolen. 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, 
Cook l. 5. Sir Henry Constables Case.  and they are given to the Lord Admiral by his Letters Patents.   

FORCE.  
Force, prohibited by the Statutes, must be either manu f●rti, with source or strong hand, or multitudine, 
Ubi sactum nullum ibi ●ortia nulla There is a difference in the Common Law betwixt public and open force.  with multitude of people.  
The Counselors and Committers of ●orce are alike punished.   

FORGING.  
Forging of Deeds, To forge is metaphorically taken from the Smith, who beareth upon his Anvil, and forgeth what fashion or▪ shape he william.   

FORMEDON.  
Formedon, is so called, because the W●it doth comprehend the form of the gift. There be three kinds of Writs Formedon, ●i●.  
The first in the descender, to be brought by issue in tail, which claim by descent per formam 
Cook onl it. l. 3. c. 11. sect. 595.  doni.  
The second is in the Reverter, which lieth for him in the reversion, or his Hel●● or Assigns, 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 College or Hospital is called, fundati●, ●uasi fundi datio, vel 
Cook l. 10. Rep.  fundamenti locatio.   

FRANCHISE.  
Franchise, is a privilege from ordinary jurisdiction, and it is called a Franchise Royal in some 
An. 15. Rich. 2. c. 4. An. 8. Hen. 5.  Statutes, where the King's 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 ancient time before the Statute of quia emptores terrarum, had enfeoffed an Ecclesiastical person whether regular, as Abbot's, Priors, etc. or secular, as Bishops, Deans, and Chapters, Arch-Deacons, Prebends, Parsons, Vicars, etc. to have and hold to them and their successors, to hold of the feoffe●, and his Heirs in frankalmoigne.  
There is an Officer in the King's house called Eleemosynarius, the King's Almoner▪   

FRANKTENEMENT.  
Franktenement, Freehold, is an estate that a man hath in Lands or Tenements, for term of his own life, or of another's li●e, in dower or by the courtesy of England, and under that there is no freehold, for he that hath estate for years, or holdeth at will, hath no freehold, but they are called chattels.  
A Tenement cannot be said to be freehold, except it touch the earth, and therefore a Chamber built upon a Hall or Parlour, cannot be said to be freehold, because it cannot be perpetual, 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 franktenement, a freehold so called, because 
Cook on ●●●.  it doth distinguish it from terms of years, chattels upon uncertain interests, Lands in villainage, customary or copyhold Lands. 
Cook 8 Rep. Case of the City of London.   
Freeman. A man may be liber homo a freeman in London three ways.  

1. By service, as he who hath served his Apprenticeship.  
2 By Birthright, as he which is the Son of a Freeman of London.  
3. By Redemption, that is, allowance of the Court of the Mayor and Aldermen.    

FRESH-SUIT.  
Fresh▪ Suit, 〈…〉 ne'er which escapeth be out of view, 〈…〉 be made, and he be 〈…〉 〈…〉 ins●cuti●e, he shall be in 
Cook 3 Rep. Rigewayes Case.  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 
Versteganus de ●nt.  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 Germans, from 
Lambert's perambul, of Kent Verstegan.  whom we Englishmen, and chiefly of Kent come, or of give all ●ind, that is, to all the Male-childrens, 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 Son according to the course of the Common Law, because by that Custom, d●vers ancient and great Families after a few descents come to very little or 
Cook on Lit.  nothing.  

In 〈…〉 ties riv●s deducitur amnis.  
●●● minor, ac●unda deficiente perit.   
After that William Duke of Normandy had invaded and conquered all England, Kent only 
●amd. Brit. and Lamb. perambul. of Kent.  excepted, atlast also the Kentish men yielded, but upon condition that they might enjoy their ancient customs of Gavelkind, which was granted unto them, and since hath continued.  
In Gavelkind, though the Father be hanged, 
D. and Student. ●. 10.  the Son shall inherit, for their Custom is, The Father to the bough, and the Son to the plow.  
The Wise shall have the moiety of the Lands of her Husband, so long as she lives unmarried, and 
Cook on Lit. l. 2. c. 10. sect. 105.  of Lands in Gavelkind, a man shall be Tenant by the courtesy, without having of any issue.  
If a man make a gift entail of Lands in Gavelkind, to a man and his Heirs, Males of his body 
Cook ● Rep. Shelleys Case.  lawfully begotten, and hath issue Sons, in this case all the Sons 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 Son only shall have the remainder, he only can be a right Heir in case of purchase.   

GENERAL  
General, If one speak grossly, it shall be understood 
Cook 9 Rep. Gregs case.  secundum excellentiam, as of the Feast of ●ichael, it shall be understood of the Archangel, as the more worthy and notorious.   

GRAND SERIEANTY.  
Grand Serjeanty, is where a man holdeth of the 
So called because it is the most honourable and worthy service that a Tenant may d●.  King certain Lands, by the service of carrying of his Banner or Lance, or to lead his Host, or to be his Carver, or Butler at his Coronation.  
The Demockes hold a Manor of Scrivel, by service of Grand Serjeanty, viz. That whensoever any King of England is to be crowned, than the Lord of this Manor, for the time being, or some one in his Name (if himself be unable) shall come well armed for the War, mounted upon a 
Camd. in Lincolnshire.  good horse of service, in the presence of the Sovereign Lord the King upon his Coronation day, and cause proclamation to be made, that if any man will avouch that the said Sovereign Lord the King, hath not right to his Kingdom and Crown, he will be pressed 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 legal 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 Sties for other dattle, 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 man's 
Quaelibet concessio fortissimè contra donatorem interpretanda est.  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 light that made the Lease, for if it should be a Lease for 
Cook on Lit. lib. 3. c. 3. sect. 283.  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 
Id. ib.  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 
Cook 6 Re.  rather be strengthened then void, for if Writs be not formally made, they shall abate, which is no greater prejudice, than 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 man's grant shall be taken most strongly against himself, and therefore they be several grants in Law. But if they two make a gift in tail, or Lease for life, reserving 20 s. 
Cook on Lit. l. 3. ●. 0. sect. 314.  Rent to them and their Heirs, they shall have but one twenty Shillings, for they shall have no more than 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 
Perk of Grants.  give to me one of his Horses in his Stable, now I shall take which Horse I william.  
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 public (which is chiefly to be tendered) as is imparted to the private.  
If a man hath Mines hidden within his ground, 
Cook 6 Rep. Sanders Case.  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 
Cook on Lit. l. 1. c. 1. sect. 1.  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 
Fitz. Nat. brev. tit. Common L. 180. B.  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 
1 Mar. Dy. 91.  grant, unless it be referred to a third persons judgement, what may be spared.  
If the King grant to me that I shall not be Sheriff without showing of what County, this is void 
Cook 9 Rep-Earl of Salops Case. Cook 4 Rep. Bozouns Case.  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 cannot make the grant good.  
The Lord Chancellor of England, the Justices of the King's 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 
Perkins tit. Grants.  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 moiety of his Tithes for years, whether it be Lamb, Wool or Corn, and yet he hath no possession of them, because 
38 Ed. 3. 6.  they are not yet in esse. But yet he hath an interest in them, and may grant the moiety of them, as well as one may grant to another that it shall be lawful for him to take every year a Deer or a Hare, or a Coney within his soil, this is a good grant.    

H  

HARRIOT.  
HArriot, in the Saxon tongue is called Hergeat, 
Cook on Lit. l. 3. cap. 3. sect. 287.  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 seize, and not distrain. 
D. and Student. c. 9   
If the Lord purchase part of the Tenancy, herriot service is extinguished, but it is not so in herriot 
Cooks 8 Re. Talbots Case.  custom  
In 34 Ed. 3. it is holden that if any Tenant wh●ch holdeth of me by a herriot, alien parcel 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 
Cook on Lit. l. 3 c. 3. p. 185. B.  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 legal understanding of the Common 
Cook on Lit. lib. 1. cap. 1. sect. 1.  Law implieth 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 
Haeres dicitur ab haerendo, quia qui haeres est haeret, id est, proximus est sanguine, illi cujus est haeres.  right of blood do descend, of some Estate of Inheritance.  
Every Heir is either a Male or a Female, or an Hermaphrodite, that is both Male and Female. And an Hermaphrodite (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, 
Id. Ib.  secundum proeva ' escentiam serus incalescentis, and accordingly it aught to be baptised.  
Haeres est quintuplex.  

1. jure proprietatis, so the eldest Son shall inherit only before all his Brethren.  
2. jure repraesentationis, as where the eldest Son dieth, his issue shall inherit before the younger Son, he represents the person of his Father.  
3. jure propinquitatis, as propinquus excludit rem●tum, 
Cook ● Rep. Ratcliffs Case.  & remotus remotiorem.  
4. jure 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 venture, and a son by another venture, 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, 
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.  but the Brother ought to be in actual possession of the Fee, and franktenement, 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, aught to make himself Heir by him that was last actually seized. Id. Ib.   
But if the King by his Letters Patents make a 
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.  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 bed 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 inherited not only the Lands which King Edward, ●r Queen Mary purchased, but the ancient Lands parcel 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, 
Cook Lit. 6. 16.  and in grants will pass whatsoever may be inherited, be it corporeal or incorporeal, real, personal or mixed, and by the grant of hereditament Isles, Charters, Signioryes, Manors, Houses and Lands of all sorts, Rents, Services, Advowsons', and Commons.   

HAERES.  
Haeres est pars antecessoris; Therefore if land 
Cook on Lit. l. 1. c. 2. Cook on Lit. l. 1. c. 1. sect. 1.  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 
Solus Deus facit haeredes.  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, Breame▪ 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▪ 
Cook on Lit. l. 1. c. 1. sect. 1.  and otherwise it is if they were in a Trunk. Likewise Dear in a Park, Coneys in a Warren, and Doves in a Dove-house, young and old shall go to the Heir.   

HODGEPODGE.  
Hodgepodge, is a meddling or mixing together, and a partition of Lands given in frankmarriage, with other Lands in fee-simple descended.  
It is an old Saxon word, and signifieth a pudding; 
Cook on Lit. l. 3. c. 12. sect. 267.  and the French use Hodgepodge for a commixtion of divers things together. It signifieth here metaphorically in partem positio; in English we use to say Hodgepodge, in Latin farrago or miscellaneum.   

HOMAGE.  
Homage is,  

1. The most honourable service.  
2. The most humble service.   

1. On part of the Tenant. 
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 manhood; as the manhood of his Tenant, and the homage of his Tenant is all one. Cook on Little 〈…〉 n ibidem.  

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 Tenant's 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 
Cook ubi supra.  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 complete homage.   

HOMICIDE.  
Homicide, is when ●ne is slain with a man's 
Cook on Lit. l. 3. c. 8.  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 Mother's 
Stamf. pl. of Cr. l. 1. and Pulton de pace Regis.  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 judge whether the Insant died of the Battery or not, or upon some other cause. Fitzherbert puts a stronger case, viz. If a man strike another woman great 
Brooks abr. f. 177. and Stamf.  with child with two Infants, so that presently after one of them die, and the other was born and baptised, and two days 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 baptised, 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 
Stamford and Pulton▪  whom, and by what means that Child came to his death.  
Anno primo jacobi Regis, c. 8. An Act to restrain sudden kill 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 months, the offender being thereof convicted by verdict of twelve men, confession or otherwise, shall suffer death, as in case of wilful 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 manslaughter 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 until the end of the first Session of the next Parliament, continued 21 jacobi, 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 sudden, in a heat and fury of mind, 
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 unlawful cause.  which we term manslaughter.  
3. Which we call se defendendo.  
4. Per infortunium, homicide of a man's self, whereby the offender is called Felo de se.   
Manslaughter se defendendo, is where two fight together upon a sudden, and before the mortal 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 manslaughter 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 principal end of a house.  
2. For hindrance of his light, for the ancient 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 wholesome 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 entering 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● Thiefs come to ones house to rob or murder him, and the owner or his servants kill any of the Thiefs in defence of him and his house, this is not felony, nor shall he lose any thing. Domus sua cuique est tutissimum refugium. 
Cook 5 〈…〉. of Rep. S●mains Case.   
2. When any house is recovered by any real 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 Judgement this is not the house in right, and judgement 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 signify 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 pre-eminence and privilege 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, Meadows, Pastures, Woods, for ones House is his Castle.  
2. The House of a man hath a privilege to 
Cook 11. Rep. Bowls Case.  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 than he nor his wife, nor his Children, cannot be in safety in the night, nor his goods in his House preserved from Thiefs.  
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 beat him) do assemble company 
Lambert.  with force, it will be no unlawful assembly, for his house is his hold and Castle.  
The King's Officer may break an house for Felony, or suspicion of felony.  

1. For the Commonwealth, for it is for the public 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 privilege of the house will not hold against him. Cook 5 Rep. Cases of executions.   
For the good of the Commonwealth, an house shall be pulled down, if the next be fired. Judge Doderidge.   

HUE.  
Hue and Cry is derived of two French words, 
Cowel Instit.  Huyer & Cryer.  
In legal understanding Hue and Cry is all one: 
See Cook's 3 part of Institutes c. 52.  In ancient Records they are called Hutesium & clamour.  
This Hue and Cry may be by Horn and by Voice. He that goeth not at the Commandment of the Sheriff or Constable upon Hue and Cry, shall be grievously fined and imprisoned. Cooks 2 part of his Instit. c. 9   

HUNDRED. 
Smith's Commonwealth of England.   
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 
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  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 kills 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 enclosed, the Gates ought to be shut from sunset to sunrising, and if in any such Town or City any murder or manslaughter be done in the day or in the night, and the Offender escape, such a City or Town shall be amerced.    

I.  

IDIOT.  
Idiot, the words of the Statute be, Rex habebit custodiam ter●●rum fatuorum naturalium, by 
Stamf. prae. r●g. Reg. ●. 9  which it appeareth that he must be a fool natural, 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 
Fitz. N. b. fol. 232.  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.  
Idiot, is a Greek word, and properly signifieth a private man, which hath not any public Office. 
Cook 4 Rep. Beverlies' Case. Fitz. Herb. H ●. brev. p. 233.  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 days in the week, or 
T●●m. of Law.  beget a child, son or daughter, he that can do so, shall not be accounted an Idiot or natural fool by the Law● of the Realm. 
Stamf. Prae. r●g. Reg. c. 9 Cook 4 Rep. Beverlies' Case.   
An Idiot natural 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.   

JETSAM.  
jetsam, is when a Ship is in peril to be drowned, and to disburden the Ship, the Mariners cast the goods into the Sea; In cometh of the French word jetter, to cast ou●; and sometimes signifieth the Admiral's prescription▪ and sometimes the thing cast out of the Ship, and prescribed in.   

IGNORANCE.  
Ignorance, There is a difference in the Law between 
Ploughed. Cominent. p. anu. E. 6. Reniger against Fogassa.  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 
Lamb. Just▪ of Peace.  to break the prison is to fly from the trial of the Law, and is adjudged a public 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. 
Id. ib.  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 wilful default he is suffered to go; and that is termed an escape.  
A man imprisoned by process of Law, aught 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; 
Cook on Lit. l. 3. c. 7. sect. 438.  but yet imprisonment must be custodia non poena, for carcer ad homines custodiendos, non ad puniendos dari debet.  
He which is imprisoned by Judgement of the Law, aught to be kept in salva & arcta custodia, salva because he ought to be in a prison 
Cook. Lechfords Case. 8 Rep.  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 principal: The incident shall pass by the grant of the principal, but not the principal by grant of the incident. Accessorium non ducit, sed sequitur suum principale. 
Cook on Lit. l. 2. c. 12.   
Incidents are,  

1. Separable, as rents incident to reversions, which may be severed.  
2. Inseparable, as fealty to a reversion or Tenure 
Id. l. 2. c. 5.     

INCUMBENT.  
Incumbent, cometh of the verb incumbo, that is to be diligently resident, and when it is written 
Cook on Lit. l. 2. c. 11. sect. 180.  encumbent, it is falsely written, for it ought to be incumbent, and therefore the Law doth intend him to be resident on his Benefice.   

INDUCTION.  
Induction, The archdeacon 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 
Cook on Lit. l. 2. c. 12. sect. 217. & l. 3. c. 5. sect. 370.  indentura, yet it is an Indenture.  
Deeds indented are called by several 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 
Cowels Instit. jur. Angl.  that comprehendeth the selfsame 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 eperson slain, by excusing, or by any other act) that he had knowledge 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 until the age of fourteen, viz. the age of discretion.  
Before the age of one and twenty years a man 
Cook on Lit. lib. 1. c. 21. & l. 2. c. 28.  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 ways; that is, 1. by creation, 2. by descent, 3. and by prescription: by creation two manner of ordinary ways, 1. by Writ, 2. and Letters Patents. Creation by Writ is the ancienter way; yet that by Letters Patents is the surer. If he be generally called 
Cook on Lit. l. 1. c. 1. sect. 9  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, etc. 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 Marquis, Earl, Viscount, or Baron 
Id. ib.  to him and his Heirs, or to the Heirs Males of his body, he hath an Inheritance therein by creation.   

INN.  
Inn, Common Inns are instituted for passengers and wayfaring men, for the Latin word for an Inn 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 Innkeeper lodge there, and his goods are stolen, he shall not have an Action, for the Writ is, ad hospitandos homines per parts, 
Cook 8 Rep. Calyes Case.  ubi hujusmodi hospitia existunt, transeuntes, & in isdem hospitantes. The Innkeeper shall answer for nothing, which is out of his Inn, 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 Innkeeper is not bound by the Law, to answer for him, if he be stolen, but if the owner require not this, but the Innkeeper 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 stolen, 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 Ostler 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 
Cook ubi supra.  them to be in outward Court, where they were stolen, 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 Inn, and they be stolen through 〈…〉 e default of the Host, the Innkeeper shall answer for them.  
If a man lodge with any (which is not an Innkeeper, 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 jacobi, Any person whatsoever found 
Proof of one witness sufficient. See the Statute primo Car●li c. 4.  tippling in any Inn or Alehouse, to be adjudged within the compass of the Statutes against drunkenness.  
An Alehousekeeper convict of offence against the Statute, to be disabled to keep an Alehouse for three years after.   

INSTITUTION.  
Institution, is when the Bishop saith, Institue 
Cook on Lit.  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 
Cook 4 Rep. Digbies case.  animarum, he is a complete Parson by Institution, but as for the temporalties, as the glebe land, he hath no Franktenement in them, till Induction.   

INTRUSION.  
Intrusion, properly is when the Ancestor died of any estate of Inheritance expectant upon an 
Cook on Lit. l. 3. c. 8. sect. 475.  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.   

JOINTTENANTS.  
jiont-tenants, are so called, because Lands or Tenements are conveyed to them jointly, conjuncti 〈…〉 feossati, or qui conjunctim tenent, and are distinguished from sole or several Tenants, from Parceners, and from Tenants in common, and anciently 
Cook on Lit. l. 3 c. 3. sect. 277.  they were called participes, and non haeredes. And these joint-tenants must jointly implead, and jointly be impleaded by others, which property is common between them and coparceners, but joint-tenants have a sole quality of survivorship, which coparceners have not. Survivourship is not proper to them quarto modo, for there may be joint-tenants, though there be not 
Id. ib. sect. 280.  equal benefit of survivor 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 Survivor, but if A. dieth, B. shall have nothing.  
If one joint-tenant should have more profit than another, the society should be Leonina, rather the devouring of Lions, than the dividing of men, or according to the Proverb, a man should divide honey with a Bear.   

JOINTURE.  
jointure, it is so called, either because it is granted ratione juncturae in matrimonio, or because 
Cook l. 3. Rep. Marquis of Winchester's Case.  the Land in Frankmarriage is given jointly to the Husband and Wife, and after to the heirs of their bodies, whereby the Husband and the Wise be made joint-tenants during the Coverture.   

JUDGES.  
judges, 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, 
Fortescue ● de laudibus legum Angliae.  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 unpartial, and of such undaunted courage.  
Fortescue speaketh of a Judge complaining of a judgement given against a Gentlewoman of Salisbury, 
De laudibus leg. Ang. 53. c.  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, confessed that his Mistress was altogether innocent of that cruel fact, whose terrible death he then (though over late) grievously lamented: but this Judge (saith the same Author) saepius mihi fassus est, quod nunquam in vita sua animum ejus de hoc facto purgaret. He himself often confessed 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 judgement against 

See the like Case determined by King james in disputations at Oxford.  
R●x. Plath p. 1 ●●. 113. 114. 115. Pl●yden. Partridge against St●ange. fol. 83. B.   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 judgement of his private knowledge, for the Judges have a private and judicial knowledge, of their private knowledge they cannot judge, but may use their discretion. But where they have a judicial knowledge, there they may and aught to give judgement 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 judicial knowledge, that they ought not to arraign them, and they ought to take knowledge of Statutes, although they be not pleaded.   

JUDGEMENT.  
judgement, The censure of the Judges is called judicium, quasi juris dictum, the sinal saying, 
Cook.  judgement and doom of the Law.  
Every judge ought in giving his judgement, to avoid two things.  

1. Precipitationem, quia ad poenitentiam properat, cito qui judicat.  
2. Morosam cunctationem, viz. either when the 
Cook Downams' Case. ● Rep.  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.    

JURATA.  
jurata, A jury vox est fori nostri, and signifies a company of honest and lawful men, lawfully sworn, to inquire and relare the truth concerning such things as are enjoined them by a judge jurata, juratores, 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 ancient matters, and the nature of the Courts, of which there are two sorts more especially eminent, viz.  

1. jurata 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 twosold. 

1. Mayor, 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. jurata 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 jurata, 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 always 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 trial of matter of fact, is very ancient, 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 privilege or courtesy afforded by the Law to strangers, aliens whose King is in league with us, in s●its about things personal, namely that the Jury shall consist of six English, and six of the aliens own Countrymen, 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 find veritatem facti, and of the Judge to declare veritatem juris.  
It is a Maxim in the Law, quòd ibi semper fieri 
Cook 4 Rep. Cases of Appeals and indict  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, aught to be kept in some convenient place, without meat or drink, fire or candle, which some Books call an imprisonment, 
Cook on Lit. l 2. c. 5. sect. 366.  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 judges 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 Bar, 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 
Cook on Lit. l. 3. c. 8. sect. 484.  that he is not guilty modo & forma, yet the jury may find the defendant guilty of manslaughter without malice prepensed, because the kill 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, high jurejurando obligantur vere de facto sententiam dicere, advocatos coram testes tribunali ut●inque differentes, & audiunt; inde acceptis 
Cambden in Britan.  utrius●; partis instrumentis concl●●u●tur, sine ci●●●, p●tu, & igne detinentur (ni sort 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.   

JUSTICES.  
justices, They are called justices per metonom●am subjecti, because they do or should do Law 
Cook on Lit.  and justice..  
All the Commissions of the justices 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 royal, is the principal Conservator of Peace within his Dominions, and is capitalis Iustitiarius Angliae. The Kings of England themselves heretofore often ●●● in Court in the King's Bench, the King of Denmark sitteth open●● in justice thrice in the Week, and hath doors kept open for the nonce. 
D. & Student c. 7. Fortescue de laudibus legum Angliae, &▪ ali●.   
The Kings of England at their Coronation take a solemn oath to came all the Customs 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, 
Bracton.  or mediately, no Action lieth against him.  
It is a Maxim in the Law, That the King can 
Cook 7 Rep. Calv. case. in genere he dieth not but in hoc individuo, Henry and Edward the King.  do no wrong, because it presumes he will do no wrong.  
The King hath two capacities in him.  
One a natural 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 politic 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 general words of an 
Cook 5 Rep. Cases of Ecclesiastical persons.  Act of Parliament, where he is not named, yet in these cases the King shall be bound by the general 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●, chivaler taketh his Name from the Horse, because they always served in Wars on horseback. The Latins call them equites, the Spaniards Cavalleroes, the Frenchmen, 
Cook on Lit. l. 2. c. 4. sect. 112.  Chivaliers, the Italians Cavallieri, and the Germans Reiters, all from the Horse.   

KNIGHTS-FEE.  
A Knights-Fee consisteth of twenty pound 
Foedum militis. Cook on Lit. l. 2. c. 4. sect. 112.  Land, and he payeth for his relief, for a whole Knight's 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 Knight's service, viz. two of 
Cook on Lit. l. 2. c. 4. sect. 103.  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 Soldier, and the title of Knighthood came first by doing some military service, and miles signifieth both a Soldier and a Knight.    

L.  

LAND.  
LAnd, The Land of every man is in the Law enclosed from other, though it lie in the open field, and therefore if a man do trespass 
Dr. & Stucap. ●.  therein, the W●i● shall be, Quare clausu● fregit.  
Terra, Land in his general and legal signification, 
Cook on Lit. l. 1. c. 2. sect. 14.  includeth not only kind of grounds, as Meadow, 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 anciently sufficient to m●●●t in the degree of a Knight, 400 
C●o●s ● Re. A●th●●y Howescase.  marks of Land per annum, was a competent living 〈◊〉 or a Baron, and 400 l. per annum, ad sustinendum nomen & ●us of an Earl 8●● marks per annum, the Revenue of a Marquels, and 800 l. of a Duke.  
Qui capit u●orem, capit lights, & qui habet terras, ha●er 〈◊〉. A Wise brings Wars, and wealth brings Wars, Quarrels, Suits and Controversies at Law.  
All Lands are holden of the Crown either immediately 
F●r ●rigina●● all lands were derived f●●● the Crown.  or mediately by mien 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 legal signification comprehendeth any ground, soil, or earth whatsoever, as Meadows, Pastures, Woods, Moors, Waters, Marshes, Furses and Heath, Terra est n●men generalissimum, & comprehendit omnes species terrae, 
Cook on Lit. l. 1. c. 1. sect. 1.  but properly terra dicitur à terendo, quia vomere teritur, and anciently 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, 
Cooks Rep. A●u●eds case.  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 itself doth pass, for what is the Land, but the profits thereof? for thereby pasture, herbage, trees, mines, and all whatsoever parcel of the Land doth pass.   

LARCENIE.  
Larcenie, is so called from the Latin, Latrocinium; 
Terms of Law, the Indictment must be also coepit & asportavit, or coepit & abduxit. One shall forfeit his goods and be whipped for petty Larceny.  it is defined to be the taking away of some personal 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 stolen 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 justify the calling of one thief 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 several 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 judgement of Death.   

LATIN.  
Latin. Falls Latin shall not quash an Indictment, 
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.  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 material 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 material place there is an insensible word which is not Latin, nor any word known in the Law, this makes the Indictment vicious and insufficient, as murdredum for murdrum, or burgariter for burgulariter; feloniter for felonice.   

LAW.  
Law, is an Art of well-ordering a Civil Society. 
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.   
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 dependence upon any foreign 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 preservation and direction, and this is lex aeterna; this was 2000 years before 
Neminem oportet esse sapientiorem legibus, ubi lex non distinguit, nec nos distinguere debemus. Lex plus laudatur quando ratione probatur.  any Law written, and before any Judicial or Municipal Laws. jura naturalia sunt immutabilia this Law is indelibilis & immutabilis, Cook Calvins Case.  
The Law of England is grounded upon six principal Points:  

1. The Law of Reason.  
2. The Law of God.  
3. On divers general Customs of this Realm.  
4. On divers Principles and Maxims.  
5. On divers particular Customs.  
6. On divers Statutes made in Parliaments.   
The Ancient and excellent Laws of Aengland 
Cook preface to the 6 Rep. and on Lit. l. 2. c. 12. sect. 213.  are the Birthright, and the most ancient 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 Country in safety: sometime it is called Right; sometime Common Right, and sometime Communis justitia.  
Our Laws are the same which the Norman Conqueror found in this Realm of England. The Laws that William the Conqueror swore to 
Cook preface to the 8 Rep.  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 
Cook on L●●tieton.  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 itself is nothing else but Reason, which is to be understood of an artificial perfection of reason gotten by long study, observation, and experience, and not of every man's natural reason: For nemo nas●itur 
Cook on Lit. l. 2. c. 9 sect. 138.  artifex. This legal reason is summa ratio. And therefore, if all the reason that is dispersed into so many several 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 than 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 Historical, 
See in Fulbecks' parallels, 3 chap. a censure of the Writers of the Law.  as the Year-Books of the Common Law, or explanatory, as Mr Stamford his Treatise of the Prerogative, or Miscellan●all, as the Abridgements of the Common Law, or Monologicall, being of one certain subject, as Mr Stamford his Book entitled the Pleas of the Crown, Lamberds Justice of Peace. One of the Books of the Law is called Fleta, because the Author 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 Mr Seld. add 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, 
Lease from the French laisser, linquere, relinquere, omittere.  that at this day may make Leases for three Lives, which could not do so when Littleton wrote.  

1. Any person seized of an Estate tail in his own right.  
2. Any person seized of an Estate in Fee-simple in 
Cook on Lit. l. 1. c. 7. sect. 58.  the right of his Church.  
3. Any Husband and Wife seized of any Estate of Inheritance in Fee-simple, or Fee-tail in the right of his Wife, or jointly with his Wife before the coverture, or after.   
If one make a Lease for so many years as he 
Id. ib.  shall live, this is void in praesenti, for the incertainty.  
In the eye of the Law, any estate for life being an estate for freehold, against whom a praecipe 
Id. ubi supra.  doth lie, is an higher and greater estate than 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 
Cook 5 Rep. Claytons' case.  bear date the twenty sixth day of May, etc. 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, than it shall begin 
Id. ib.  on the next day after the delivery, if the habendum 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 
Cook on Lit. u●i supra. sect. 68  will of both parties, and therefore when the Lease is made to have and to hold at the will of the Lessor, the Law implieth 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 Son, and a Lease be made until 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 Son shall be born; and by consequence the beginning, 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 causual certainty. Therefore, if I have rend of 20 s. per annum in fee issuing out of Black Acre, payable 
Cook 6 Rep. Bishop of Baths case  continually at the Feast of Easter, and I grant the same Rent to you until 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 annual Rent, which is twenty Shillings per annum, until 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 annual value.  
If a man hath Mines hidden within his Land, 
Cook 5 Rep. Cases of Leases.  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 
Cook on Lit. l. 1. c. 7. sect. 58.  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.   

LIBEL.  
Libel. Every Libel (which is called samo●us libellus seu infamatoria scriptura) is made either against a private man, or against a Magistrate, or public person; the first deserves a severe punishment; for although the Libel be made against one, yet this incites all the same Family, kindred, or society to revenge; the second is a greater offence, for it concerns not only the breach of Peace, but the scandal of Government.  
2. Although the private man or Magistrate be dead at the time of making the Libel, 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 Libeler traduceth an● slandereth the State and Government, which dieth not.  
3. A Libeler was to be punished either by indictment at the Common Law, or by Bill, if he 
Cook▪ 5▪ Rep. de libellis famosis.  deny this, or ore t●enus, upon confession 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 Libel, aut est in scriptis aut sine scriptis:  

1. In scriptis, when an Epigram, or other writing is composed, or published to another's disgrace, and it may be published Verbis aut ●antilenis, as where this is maliciously repeated or sung in the presence of others.  
2. Traditione, when the Libel, or any Copy of it is delivered over to scandalise the party. Famosus 
Cook 5 Rep. de libellis famosis.  libellus sine scriptis may be 

1. Picturis, as to paint the party in a shameful and ignominious manner.  
2. Signis, as to fix a Gallows, or other reproachful and ignominious signs at the door of the party, or elsewhere. And it was resolved, M●●h. 43. and 44 Elizab. in the Star-Chamber in Hallywoods' case, that if any find a Libel, and will p●eserv▪ himself out of danger, if this be composed against a private man, the finder either may burn this, or presently show it to the Magistra●e: But if it concern a Magistrate, or other public person, the finder ought presently to deliver this to a Magistrate, to the intent, that by examination and industry the Author may be found and punished. Tria sequuntur defamatorem samosum.     

1. Pravitatis incrementum, increase of lewdness.  
2. Bursae decrementum, evacuation of purse and beggary.  
3. Conscientiae detrimentum, shipwreck of Conscience.   
If one read a Libel, 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 Libel; 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 Libel, reads it to others, this is an unlawful 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 Libel: for every one which shall be 
Cook 9 Rep. Io. Lambs case.  convicted, aught to be a contriver, procurer, or publisher of it, knowing it to be a Libel. But it is a great evidence that he publisheth it, when he knowing it to be a Libel 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 privilege 
Bracton, l. 2. c. 2.  held by grant or prescription, whereby a man enjoys 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 faithful obedience 
Cook on Lit. l. 2. c. 11. sect. 198. Ligeantia est vinculum fidei ligeantia est legis essentia.  of a Liegeman, or Subject to his Liege-Lord or Sovereign.  
Ligeantia Domino Regi debita est Lex.  

1. Perpetua. 

1. Originaria, sive naturalis sive nata, and this is always absolute, and due by birthright▪ and is called Alta ligeantia; and he that oweth this, is called Subditus natus.  
2. Data, aut per denizationem aut per naturalizationem. 
Cook on Lit. l. 2. c. 11. sect. 198. and 7 Rep. Calv. case.     
2. Temporaria, aut 

1. Localis, wrought by the Law when an Alien● that is in amity, cometh into England, fo● than he is within the King's protection, and owes a local 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 
Cook 7 Rep. Calvins case.  joints of all the parts of the body, so doth ligeance join together the Sovereign and all his Subjects, quasi uno ligamine.  
Between the Sovereign 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 King's side, subsidium on the Subjects part. In the Acts of Parliament, Subjects are called Liege-people, and the King the natural 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 natural body, therefore the indictment in Treason concludeth, Contra ligeantiae suae debitum.   

LIMITATION.  
Limitation. If a man give lands to a man, to 
Cook on Lit. l. 3. c. 13. sect. 719. ●  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 freehold, 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 
Cook on Lit. l. 1. c. 7. sect. 59  of ways 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 
Cook on Lit. l. 1. c. 7. sect. 59 and 5 Rep. Sharpscase.  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 Country.  
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, than 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 enfeoffed 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 
Plowden ●o●thrist against Beinshin.  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 justice 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 justice of Peace, the chief Constable, watchmans, or any which come in their aid, be killed in doing of their Office, this is murder. For when any of the King's 
Cook 9 Rep. Mackallies c●se.  Officers by process of Law (be it erroneous or not) arresteth another in the King's Name, or require the disturbers of peace to keep peace in the King's Name, and they disobey though King's 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.   

MAIM.  
Maim, (membri mutilatio or obtruncatio) is a 
Cook on Lit.  corporal hurt, whereby one looseth a member, by reason whereof, he is lesle 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 inferior offences, 
Cook ubi supra.  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 
Cook on Lit. l. 2. c. 11. sect. 194.  11. jacobi 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 damages in 
Lit. tit. Vil. lenage.  maim.   

MAINPRIZE.  
Mainprize, manucaptio is compounded of two French words, main, id est, manus a hand, and 
Minshew.  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, 
See Bailement.  upon securtiy given for his forthcoming at a day assigned.  
Such are called Mainpernours, because they do receive him into their hands.   

MANOR.  
Manor, manerium est nomen collectivum & generale, it comprehendeth Houses, Lands, Gardens, 
L. Dyer.  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 
Cowels Interpret. & Innstitut.  remaineth there, and hath his house which is called, the principal house of the Manor. It cannot be a Manor 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 Manor is destroyed.   

MAINTENANCE.  
Maintenance, manuten●ntia is derived of the verb manutenere, and signifieth in Law a taking in hand, 
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 writing on the behalf of one of the parties in a suit depending. Cook's 2 part of Instit. c. 28.  bearing up or upholding of Quarrels, and sides, to the disturbance or hindrance 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 lieth against him.  
Manutenentia est duplex, 1. Curialis, in Courts of 
Cook's 2 part of Instit. c. 28.  Justice, pendonte placito.  
2. Ruralis, to stir up and maintain complaints, suits, and parts in the County other than 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 
Cook 4 Rep. Acton's ●ase and on ●it. l. 1. p. 16. & 6 Rep. Countess of Rutland's case.  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 Duchess, Countess, Baroness, by descent, although she marry with one under the degree of the Nobility; yet her birthright remains: for this is annexed to the blood, and is Character indelebilis.  
But if a Duchess by marriage marry a Baron of the Realm, she remaineth a Duchess, and loseth no her name, because her Husband is Noble.  
Yet by the Courtesy of England, if women get to any degree of Estate, they never lose it, by marrying after more meanly; bu● do still 
Dalton.  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, 
Cook on Lit. Principia probant, non probantur.  and granted without a proof, argument or discourse, contra negantem principia, non est disputandum, ancient principles of the Law ought not to be disputed.  
It is better (saith the Law) to suffer a mischief that is particular to one, than an inconvenience, that 
Cook on Lit. p. 7. 7.  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 
Dr. and Student. Cook 5 Rep.  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 
Cook 1 Rep. Cholmleys' case.  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 
Cook on Lit. p. 141.  Lege.  
Repellitur à Sacramento insamis.  
Quod ab initio non valet, in ●ractu temporis non convalejcet, 
Cook.  & 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 
Est quaedam neglectio supina rei cujusquam, à Gallico Mesp●iser Cowels Inst.  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 King's pleasure.   

MONEY.  
Money, the King by absolute prerogative may 
Cook 5 Rep. Wades case  make any foreign coin lawful money of England at his pleasure by his proclamation.  
If a man be bound to pay four hundred pounds 
Id. ib. The party that is to receive it, is to pull it out and tell it.  at such a day, if he tender it in bags it is sufficient, for it cannot be counted in a day.  
Lawful Money of England, either gold or silver, is of two sorts.  
Viz. 1. The English Money coined by the King's Authority.  
2. And foreign Coin by proclamation made currant within the Realm. 
Cook on Lit.   
Coin, cuna dicitur à cudendo, of coining, in French coin signifieth a corner, because in ancient 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 
Cook on Lit. p. 207. B.  it showeth the author 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 metal 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 politic or corporate, of or for the sole buying, selling, making, working, or using of any thing, whereby any person or persons, bodies politic or corporate, are sought to be restrained of any Freedom or Liberty that they had before, or hindered in their lawful Trade. Cook's 3 part of his Institutes c. 85.  
All Grants of Monopolies are against the Ancient and Fundamental Laws of this Kingdom. Id ibid.  
All Monopolies are against the great Charter, because they are against the Freedom of the Subject, and against the Law of the Land. Cook's 2 part of Instit. c. 29.   

MONSTER.  
A Monster born within lawful matrimony, that 
Monstrum dicitnr à monstrando, Varr●. S●aliger. Cook on Lit. l. 3 b. & 7. b  hath not human shape, cannot purchase, much lesle retain any thing, yet if he have human 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, until he hath received the said sum of the issues and profits of the Lands, so 
Cook on Lit. l. 3. c. 5. sect. 332.  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 politic and co porate never die. Others say, that it is called Mortmain by resemblance to the holding of a man's hand that is ready to die, for that he than 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 Statute itself, per quod quae servitia ex hujusmodi 
Cook on Lit. l. 1. c. 1. sect. 1.  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 Knight's services for the defence 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 
Cook 1 Rep. Porter's case  uses, and not to good and charitable 〈…〉 es.   

MULIER.  
Mulier, hath three significations. 
Cook on Lit. l. 3. c. 6. sect 299. and 8 Rep. Sir Rich. Lechfords case.   

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, seized without issue, and the Lord by escheat entereth, this dying seized shall not bar 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 seized, the Son is born, his right is bound for ever, but if the Bastard dieth seized, 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 
Cook 8 Rep. Lechfords case.  of a lawful 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 always used in comparison with a Bastard, only to show a difference between them and always you shall find this addition to 
T. of Law.  Bastard eldest, and mulier youngest, when they be compared together.   

MURDER.  
Murder, is a wilful kill of a man upon malice prepensed or forethought, and seemeth to come of the Saxon word Mordrens which so signifieth.  
If upon an affray made, the Constable and others in his assistance come to suppress the fray, and to 
Cook 4 Rep. cases of appeals and indictinents fol. 10. ●.  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 sudden, because the Constable and his assistants 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 
The like is in 9 Rep. Mackallies case, and this reason given, for this is contra potestatem Regis, & Legis.  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 
Cook 9 Rep. Mackallies case.  him in resisting the thief, this is murder of malice prepensed; or if one kill another without any provocation, the Law implieth malice.  
The Statute 1 jac. 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 stricken him) so as he die thereof within six months after, shall suffer death as a wilful murderer.  
A. hath wounded B. in fight, and after they meet suddenly, 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 manslaughter 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 sudden 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 sudden 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 
Cook 9 R. p. Agnes Gores case.  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 Vermin, and leave this in some place to this purpose, and with no ill intent; and one finding this, eat of it, this is not felony, because he which prepared the poison, had no evil or felonious intent.  
john 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 prays his aid and counsel how he may effect it; he counsels him to poison her. And to this purpose the said Alexander buys the poison, viz. Arsenic and Rose-acre, and gives this 
Plowdens Comment. Sanders case.  to Sanders to minister to his Wife. Afterwards he gives his Wife this in a roasted 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 john Sanders seeing this, reprehends his Wife, and saith that Apples were not good for such 
Here Sanders was adjudged a principal, 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.  children, and she saith it was better for the child then for her; and the child eats the empoisoned Apple, which the Father permits, to avoid suspicion; afterwards 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 
Pulton de place Regis & Regni.  guilty in any appeal of murder, that his Wife, and all the nearest of his kin which was murdered, should draw the fellow, 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 
Cook 9 Rep Et probos & legales homines juratos.  shall be tried by his Peers, that is Nobles; but if he be appealed of murder by a Sub●ect, his trial 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 chattels.   

MUTE.  
A Prisoner may stand Mute two manner of ways;  

1. When he stands mute without speaking of any thing; and than 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, than the Judge of the Court ex officio, aught 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 inquest, to be tried by God and the Country. 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 hanged.    

N  

NAME.  
NAme, If a grant be made to a Bastard, by 
Cook 6 Rep. Sir Moyle ● Finches case.  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, profanely using the Name of God, is ten pounds, the one moiety to the King, the other to him that will sue the Statute, 3 jac. 21.   

NIEFE.  
Niefe, some have holden, that if a Freeman take a niefe, by this marriage the Wife shall be 
Cook on Lit l. 2. c. 11. sect. 202.  free for ever; but the better opinion of our Book● is, that she shall be privileged during the cover 〈…〉ture only, unless the Lord himself marrieth high 〈…〉 neife, and then some hold that she shall be free fo 〈…〉 
●itzh natura Brev. tit. de libertate probanda.  ever.  
If a Freeman 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 judicial Writ, and so called because 
Smith's Commonws. of Engl. c. 25.  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, 
Cook on Lit. l. 3. c. 6.  fatuus, stultus, or the like: but non compos mentis is most sure and legal.  
Non compos mentis is of four sorts. Ideota which from his nativity by a perpetual infirmity is non compos mentis. 2. He that by sickness, grief, 
Cook on Lit. l. 3. c. 6. sect. 405. & 4 Rep. Beverlies' case.  or other accident wholly looseth his memory and understanding. 3. A lunatic, 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 vicious 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 privilege or benefit to him or his heirs; and a descent shall take away the entry of an Idiot, albeit the want of understanding was perpetual. So likewise if a man that becomes non compos mentis by accident be disseised and suffer a descent, albeit he recover his memory and understanding again, yet he shall never avoid the descent, and so it is a fortiori of one that hath lucida 
Id. ib.  intervalla. If an Idiot make a scoffment in fee, he shall in pleading never avoid it, saying that He was an Idiot 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 Idiot, 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. 
Cook's 4th Rep. Beverlies' case  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 privileged, that none ought to offer volence to them, but he is reus criminis laesae majestatis, and pereat unus ne pereant omnes.  
Of▪ an Idiot which is so à nativitate the King 
Id. ib.  hath custodiam, of non compos mentis He hath only provision, that is, of a natural Idiot, 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 Household.   

NOBILITY.  
Nobility. In ancient time the Senators of Rome 
Cook on Lit. & 4th Rep. Nevil's case  were elected a censu of their Revenues, so here in ancient 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 Sons, 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 
Cook on Lit  shall bear a badge of his birthright, his Father's Arms without any difference, for he (as Littleton saith) is more worthy of blood; but all the younger Brethren shall give several differences, & additio probat minoritatem.  
The Common Law calls none noble under the 
Lambert's justice of P. c. 13.  degree of a Baron, and not as men of foreign 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 
Pultons' justice of peace.  disposition of Noblemen, 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 
Id ib.  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. 
Cook's Preface to the 2d part of his Reports Cooks 6th Rep. Countess of Rutland's case.   
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 Viscount's are not Barons in Law, but in reputation. Those which of ancient time were created Earls were of the blood Royal, and to this day the King in all his appellations styles them per nomen charissimi consanguinei nostri, and 
Cook's 9th Rep. the Countee of Salops case, the King calls them Companions and Cousins, Comites & consanguineos.  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, 
Cook's 7th R●p. Nevil's case.  and a Coroner; and their body with a Robe in resemblance of Counsel.  
2. They are girt with a Sword, to show that they should be faithful, and loyal to defend their Prince and Country.    

NUSANS'.  
Nusans'. A man shall not have an action upon the Case for a Nusans done in the highway, for it is a common Nusans; and than it is not reason 
Nocumentum, it comes of the French nuire, id est, nocere Cooks 5th Rep. William's case.  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 damage than any other, for this particular injury he shall have a particular Action upon the Case.    

O.  

OATH.  
AN Oath is an affirmation or denial by any Christian of any thing lawful and honest, be o'er one or more, that have authority to give the same for advancement of truth and right, calling Almighty God to witness that his testimony is true. It is called a corporal 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 
See more in Cook's3 part of Institutes c. 74.  the truth, by the Oaths of honest lawful 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 
Pulton de pace Regis & regni.  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 
Cook on Lit. l. 3. c. 1. sect. 259.  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 
Cook on Lit. l 3. c. 5.  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 
Cook on Lit. l. ●. c. 5. sest. 34●.  cannot tender the Money at the place when he will, ●●● then the Obligee should be bound to perpetual 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 sum at the same day and place, this appears to the Court to be no 〈◊〉 of the great, but acceptance 
Cook's 5th Rep Pinness cas●.  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 satisfaction  
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 
Cook's 6th Rep. Both●es case,  to you on condition, that I. S. shall go to Rome or jerusalem, or that such a Student in Divinity at the University shall preach at Paul's, 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 man's freehold in time of war, 
Cook on Lit. ●. 3. c. ●. ●●●●. 41●.  and it is all one with a disseinsin in time of peace, saving that it is not so dangerous.   

OFFICE. 
Cook's 11th Rep. Curls case.   
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 survivor of it. ●●● i● it be expressly granted to two, & di●tius ●●●um ●i●enti, the survivor shall have it.  
Officia judicialia non c●nceda●tur a●te ●am ●●cent: 
Id. ib.  Judicial Offices cannot be granted in reversion, but ministerial may.  
By the Law of England it is provided that no 
Anno 12. R. 2. c 2.  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 
Cook on ●it. l. 3. c. 5. sect. 3●●.  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 lawful 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 
Cook 9th Rep. Mackallyes case.  of his Office, if he be resisted or assaulted, is not bound to fly to the wall (as other Subjects are) for Legis minister non tenetur in execution officii fugere seu retrocedere.  
If a Justice of the Common Place be made Justice of the King's Bench, though it be but hac vice, it 
Cook on Lit.  determineth his Patent of the Common Place; for if he should be Judge of both Benches together, he should control his own judgement: for if the common place err, it shall be reform in the King's 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 always taken in malam partem, and vary from these words virtute officii, or ratione officii, which are always 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 signify an act ill done 
Ployden's Commentaries & Manninghams' case.  by pretence and countenance o● the Office, and it carrieth the counterfeit show of duty, and the act itself hath a proper name, and is called Extortion. As if an Officer will take more for his fees than 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 than robbery; nay more hateful, 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 
Plo. Com. 168.  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 Meadow and Pasture.   

ORDINARY.  
Ordinary, is he that hath Ordinary jurisdiction in causes Ecclesiastical, immediate to the King and 
Cook on Lit. l. 3. c. 11. sect. 641.  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 Ecclesiastical.  
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, 
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.  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 
Cook l. 9 de Strata Marcelia. .  
Or signifies right. deal part (say some) whereof they had these kinds: or deal by fire which was for the better sort, and by water for the interior. That of fire was to go blindfold over certain ploughshares made red hot, and laid 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 headlong.   

OUTLAWRIE.  
Outlawrie, is the loss or deprivation of the benefit belonging to a Subject, that is of the King's protection and the Realm. Heretofore none could 
Dictus Utlagatus quasi extra legem positus.  be outlawed but for felony, the punishment whereof was death, but now the Law is changed. An outlawed man had then caput lupin●m, because he might be put to death by any man, as a Wol● that hateful hest might.    

P.  

PAIN FORT ET DURE.  
Pain f●●t & dure is a special punishment for such as being arraigned for selony, refuse to put themselves upon the common trial of God and the Country, and thereby are m●●e. Such a one shall be sent back to the prison whence he came, and be laid in some low 
Stamford pl. Cor. l. 2. c. 1.  dark house where he shall lie naked upon the earth, without any litter or other clothing, and without any raiment, save only to cover his privy 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 
Id. Ib.  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 panel a little part (as a panel of wainscot, a panel of a saddle, and a panel of parchment, wherein 
Cook on Lit. l. 2. c. 2. sect. 234.  the Jurors Names be written, and annexed to the Writ; And a Jury is said to be impanelled) when the Sheriff hath entered their Names into the panel, or little piece of pa●chment in pannell● Assisae.   

PARAVAILE.  
Paravaile. He is called Tenant paravaile, because 
Cook 9th Rep. Cony's case.  the Law presumeth that he hath benefit and avail 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, 
Cook on Lit. l. 1. c. 1. sect. 1.  that the one shall have the land from Easter until 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 several Inheritances at several times. So it is if two Coparceners have two several Manors by descent, and they make partition, that the one shall have one Manor for a year, and the other the other Manor for the same year, and after that year, than she that had the one Manor 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 
Cook on Lit, l. 3. c. 1. sect. 241.  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 than 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 confer 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 Manor of the King to be high Constable of England, and die having issue two 
Id. ib.  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 compel 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 legal signification is taken for the Rector of a Church parochial, and is called Persona Ecclesiae, because he assumeth 
Cook on Lit. l. 3. c. 9 sect. 528.  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, 
Id. ib.  persona impersonata: Parson Impersonee is the Rector that is in possession of the Church parochial, 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 
Cook 9th R●p. Lifords' case.  Patron may have a Prohibition against him, for he is seized in right of his Church, and his glebe is the dower of his Church.   

PARLIAMENT.  
Parliament, is the highest, and most honourable, 
Si vetustatem spectes est antiquissima, si dignitatem est honoratissima, si jurisdictionem est capacissima. Cook on Lit. l. 2. c. 10. sect. 164.  and absolute Court of Justice of England, consisting heretofore of the King, the Lords of Parliament and the Commons. And again, the Lords, viz. Spiritual and Temporal. 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 ancient Noblemen; some by creation, as Nobles newly created; some by succession, as Bishops; some by election, as Knights, Citizens and Burgesses.  
In the Lord's 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 doubtful, and neither party yield, 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 lament for the general good of the Commonwealth. 
Id. ib. & Preface to the 9th Rep.  This Court the French calleth ●es estates, or l● assemblee des estates: in Germany it is called a Diet. It is legally called in Writs and judicial proceedings, C●m●une con●ilium Regni Angliae.  
The jurisdiction of this Court is so transcendent, that it maketh, enlargeth, diminisheth, abrogateth, repealeth, and reviveth Laws, Statutes, Acts and Ordinances concerning matters Ecclesiastical, capital, criminal, common, civil, martial, maritime, and the rest.  
The efficient causes of an Act of Parliament were the assent of the Estates, viz. 1. Of the 
judge 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  King. 2. Of the Lords Spiritual and Temporal. And, 3. Of the Commons: and each without the other cannot perfect this work; and yet until the royal assent, it was but embryo 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 until the King had assented also, and his assent always 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 King's assent, it was an issue in the Mother's womb, which is not perfect until it be born, for the Statute was not full and perfect until his assent given to it. But it shall be counted 
Ployden Partridge against Strat. s●l. 79. ●.  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 ancient 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 principal 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 Park, of the French verb, parquer to enclose, it is called in doomsday Parcal, in Law it signifieth a great quantity of ground enclosed, privileged for 
Cook on L●t. l. 3. c. 5. sect. 378. 9 timo jacobi.  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 damages.   

PEACE.  
Peace, The Law of our Land useth the word Peace diversely: Sometimes it is taken for protection 
Lambert's justice of Peace.  or defence, so Bracton calleth the Writs of protection Brevia de pace. Sometimes it is taken for Rrights, Privileges, 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 Ecclesiastical as Temporal. according to their several Customs, Laws and Privileges, sometimes for an abstinence from injurious force and violence, so it is commonly 
Lambert's justice of peace. Pulton.  taken, menacing beginneth the breach of the Peace, assaulting increaseth it, and battery accomplisheth it.   

PERJURY.  
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 payment, he may not be sued in the spiritual Court for the perjury, because an Action of debt lieth at the Common Law for for the principal. 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 lieth at the Common Law, and another at the Spiritual 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 judicial proceeding: but for calling him a forsworn man, no Action doth lie, because the forswearing may be extra judicial. Cook's 3 part of his Instit. c. 74.   

PILLORY.  
Pillory, cometh of the French pilorie, which proceeds from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 janua, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 video, because 
Collistrigium cowel.  one standing on the Pillory, putteth his head through a kind of door.   

PIPOWDERS. 
Curia pedis pulverizati. judge Doderidge, Cowels Instit.   
Pipowders, is a Court belonging to Markets and Fairs, to yield 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 usual Latin) placita, taking the name abusive, of the definitive sentence, which may well be called placitum, or▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The 
Smith's Commonws. of England c. 9  French call it arrest, 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 pled 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 misprision 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 
Id. c. 4.  of man, are called Pleas of the Crown, and cannot be done in the name of any inferior person, than 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 
Dr. & Stud. c. 9  him that hath right.  
Possession is either 1. Actual (possessio in facto) when a man entereth 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 entered into them. 
Cook on Lit▪   
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 
Either a Pinfold made for such purposes in his own Close, or another's with his consent.  the owner may give his cattle meat and drink without trespass to any other, and there the cattle must be sustained at the peril of the owner, or covert and close, as if one impound the cattle in some part of his house, and then the cattle are to be sustained with meat and drink at the peril of him that distreineth, and he shall not have any satisfaction therefore.  
If a man distrain cattle for damage Feasant, and put them in the pound, and the owner that had common there make fresh suit, and find the door unlocked, he may justify the taking away 
Cook on Lit. l. 1. c. 7. sect. 58.  of his Chattel 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 King's 
Cook on Lit. & Preface to the 7th Rep.  protection, to lose all their Lands and Goods, and to suffer perpetual imprisonment.  
Some hold an opinion, that the Writ is so called a praemunire, because it doth fortify jurisdictionem jurium regionum Coronae suae, the Kingly Laws of the Crown against foreign 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 
Cook on Lit. l. 2 c. 11. sect. 199.  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 slain by any man without danger of Law, because it was provided by Law, that a man might do to him as to the King's enemy, and any man may lawfully kill an enemy. But Queen Elizabeth, and her Parliament 
5 of Eliz. c. 1.  liking not the extreme and inhuman rigour of the Law in that point, did provide that it should not be lawful 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 King's 
Brooks abridge. fol. 181. B.  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. 
Cook.    

PREROGATIVE.  
Prerogative, Littleton speaketh of the King's 
Cook on Lit. l. 2. c. 5. sect. 125.  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 
Prerogativa is a privilege or pre-eminence 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. Camden's Brit.  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 Royal assent must be asked, or demanded, and obtained, and this is the proper sense of the wood. But legally it extends to all powers, preeminences, and privileges, 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 royal Prerogatives, which they term the flowers of his Crown, in which respect they affirm, that the regal material Cown is adorned with flowers.  
His person shall be subject to no man's suit, his possessions cannot be taken from him by any violence, 
Stamfods' prerogative.  or wrongful disseism, his goods and chattels are under no tribute, toll, nor Custom, nor otherwise distreinable.  
The people's liberty strengthens the King's Prerogative, and the King's Prerogative is to defend the people's liberties, King Charles his speech, in the 3d of his Reign.  
The King may licence things forbidden by Statutes; As to coin money which is made felony by the Statute, and was before lawful, for that is but malum prohibitum, but malum in se, as to levy a nuisance in the Highway, he cannot licence to do, but when it is done he may pardon it. All white Swans not marked, which have 
Cook's 7th Rep.  gained their natural Liberty, and are swimming in an open and common River, may be seized to the use of the King by his Prerogative, the Swan is a royal Bird, and so the Whale, and Sturgeon are royal 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, 
Cook on Littleton.  is good without atonement by his prerogative.   

PRESCRIPTION.  
Prescription, is threefold, viz.  

1. Personal, as the Inhabitants of a Town may prescribe for a way, etc.  
2. Real, as incident to an estate, as for a man to prescribe that he and they whose estate he hath had common, etc.  
3. Local, as where a man doth prescribe that within such a Manor, etc.   
Prescription, is a title taking his substance of use, 
Prescriptio est titulus ex usu & tempore substantiam capiens. Cook on Lit. l. 2. c. 10.  and time allowed by the Law, as I. S. seized of the Manor of D. in see, prescribeth thus, that I. S. his Ancestors, and all those whose estate he hath in the said Manor, 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 Manor. 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, 
Stamf. of the prerog. c. 8.  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 seize not, but tarry till he be dead, so that he in the reversion entereth, 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, 
Cook's 7th Rep. Baske●viles Case.  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 mere denunciation of the Jurors themselves, or of some other Officer, as Justice, Constables, Surveyors, etc. most commonly de proprio visu without the information 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; 
Cook on Lit. l. 1. c. 1. sect. 1.  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 
See Imprisonment.  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 
Stam. l. 1. cap 26.  Treason; if for a trespess, it is a trespass, & sic de singulis.   

PRIVITY.  
Privity, 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, 
Cook on Lit. l. 3. c. 8. sect. 461. & Beverlies' case non compos mentis.  which privity 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 general Heads, Privies in Deed, and Privies in Law.   

PRIVILEGE.  
Privilege, privilegium is ius singular, 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.   

PROCESS.  
Process, 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 real and personal actions, and in all criminal 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 judgement.  
The difference between process and the precept or warrant of the Justices. The precept 
Cook's 8th Rep. Blackmores' case.  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 always 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 
Cook on Lit. l. 1. c. 1. sect. 1.  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 villain; Mulieres ad probationem status hominis admitti non debent.   

PROPERTY.  
Property, if Plate be stolen, and sold openly in a Scrivener's 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 Scrivener's 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 Goldsmith's 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 Goldsmith's Shop, either behind a hanging or cupboard, so that one passing by 
Cook's 5th Rep. case. of Market overt.  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 
Dr. & Stu▪ c. 5.  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 seize 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 man's, than when they are in his possession or custody, for when they have escaped and recovered their natural liberty, than they cease to be his. The nature of Bees is wild, and therefore when a swarm of 
justinian l. 1. Inst●t.  them lighteth upon thy tree, they are no more thine before they be covered with thy Hive, than 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 mayst 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 implieth a contradiction. The nature of Doves is wild, neither is it material 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 
Stams. l. 1. c. 16.  know it to be tame. But the nature of Hens and Geese is not savage, and therefore if they shall fly away, though they be passed thine eyesight, 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, than 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 natural liberty, and have not animum revertendi, than 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 air) in his ground, he hath a Possessory property in them, so as if one take them when they cannot sly, the owner of the soil may have an action of trespass, and to take these away is selony. But when a man hath Beasts, or Fowls that be savage, and in their wildness ratione privilegii Scil. by reason of a Park, or Warrein, (as Deer, Hares, Coneys,) Pheasants, or Partridges, he hath no property in them, therefore in an Action quare parcum, 
Cook 7th Rep. case of Swans.  or Warrenam, regit & intravit & tresodamas, lepores, cuniculos, phasianos, perdices, etc. 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 privileged. And if the owner of the Park die, his Heir shall have them, and not his Executor, or Administrators, for that without them the Park (which is an Inheritance) is not complete, 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 adjoining, his neighbour cannot have an Action upon the Case against him, which makes the said Cony-borrows, for now as the Coneys come upon his Neighbour's 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 damages which the Coneys 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, 
Cook's 9th R●p. P●ul. stones' case.  but the Lord of the Manor, and if any do, that he may be punished in the Leet, but no Action of the Case lieth 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 King's Writs. The Law is the rule, but it is mute, the King 
Cook on Lit. l. 2. c. 11. sect. 199.  judgeth by his Judges, and they are Lex loquens. The process and the execution which is the life of the Law, consisteth in the King's Writs, so that he that is out of the protection of the King, cannot be aided or protected by the King's Law, or the King's Writs, Rex tuetur legem & lex tuetur jus.   

PROVISO. 
Cook on Lit. l. 2. c. 12. sect. 220.   
Proviso, this word hath divers operations sometimes it worketh a qualification or limitation, sometime a condition, and sometime a covenant.   

PUBLIC.  
Public, necessity privilegeth only quoad jura privata, for in all cases if the act that should deliver a man out of necessity to be against the Commonwealth, 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 men's goods, they are not answerable: but if a man be commanded to bring Ordinance or ammunition to relieve any of the King's Towns that are distressed, than he cannot for any danger of tempest justify the throwing of them overboard. If Husband, and Wife join in committing treason, the necessity of obedience doth not excuse the assence as it doth in selony, because it is against the Commonwealth.   

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 
Cook on Lit. l. 1. c. 1. sect. 1.  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 die in his madness, or after his memory recovered without agreement thereunto, his heir may waive and disagree to the state, without any cause showed. 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 
Id. ib.  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 surname, 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 human shape, Idiots, mad men, Lepers, Bastards, deaf, dumb, and blind minors, and all other reasonable Cratures, have power to purchase, and retain Lands or Tenements. A monster born within lawful matrimony, that hath not human shape, cannot purchase, much lesle retain any thing. The same Law is, de professis & mortuis seculo, for they are civiliter mortui. If the Tenant holdeth by ●ealty, and a bushel of Wheat, or a pound of Comyn, or of Pepper or such like, and the Lord purchaseth a parcel of the Land, there shall be an apportionment, as 
Co●k on Lit. l. 2. c. 12. sect. 222.  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 entire service be pro b●no publico, as Knight's service, Cas●le guard, cornage pro defension 
Cooks Rep. Bruertons & Calbots case.  Regni, for the defence of the Realm, or to repair a Bridge or a way, to keep a Beacon, or to keep the King's 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 remains, 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 
Cook on Lit. l. 3. c. 8. sect. 511. Litis nomen actionem significat sive in rem sive in personam.  concerneth personal actions, or mixed 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 man's deed being taken most strongly against himself) it is as beneficial as all actions, for by it all Actions real and personal are released.    

R.  

RANSOM.  
Ransom, signifieth properly a sum 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 
Cook on Lit. l. 2. c. 11. se●t. 194.  difference between a ransom and an amerciament. For ransom is ever when the Law infflicteth a corporal punishment by imprisonment, but otherwise it is of an amerciament.   

RAPE.  
Rape. Raptus is when a man hath carnal 
Cook on Lit. l. 2. c. 11. sect. 190. The offender is called Raptor. Cook ib. Stamford.  knowledge of a woman by force, and against her william. 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 King's Bench upon an Indictment of Rape of a Girl of 7 years 
L. Dye● term. Mich. Annis 13. & 14 Reg. Eliz. p. 304  old, and not above, viz. quod ipsam felonic● rapuit & carnaliter cognovit. He pleaded that he was a Sc●t known and prayeth for his trial per medietatem linguae, and he could not have it; because a Scot is not accounted here for an Alien, but rather a Subject, and the Scottish Language is mere 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 
Woman's Laws.  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 repel or bar; that is in the understanding 
Cook on Lit. l. 3. c. 12.  of the Common Law, the Action of the Heir by the warranty of his Ancestor, and this is called to rebut, or repel.   

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 aver or speak against it, or impugn the same, no, though such record contain a manifest or known falsehood, tending to the mischief, and overthrew of any person.  
The Records are vetustatis & veritatis vestigia, 
Cook pret. to 8th Rep.  the lively representations of time and truth, and reputed the Treasures of the Kingdom.  
The King's excellency is so high in the 
Dr. & Stu. c. S.  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 
Cook on Lit. l. 2. c. 10. sect. 170.  good memorial, 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 allege a custom against a Statute, because that is matter of Record.  
Record is a memorial 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 real or mixed actions, or of actions quare vi & armis, or of such personal actions, whereof the debt or damage 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 
Cook on Lit. l. 3. c. 7. s●●t. 431. & l. 2. c. 1 ●● sect. 175.  the Rolls of such only as are Courts of Record, and not Rolls of inferior, nor of any other Courts which proceed not secundum legem & consuetudinem angliae, and the Rolls being the Records or memorial 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 alleged, and it is pleaded that there is no such record, it shall be tried only by itself, and not by witness or Jury.   

REGISTER.  
Register, is the name of a most ancient Book, 
Cook on Lit. l. 2. c. 3. sect. 101. etc. 12.  and of great authority in Law, containing all the original Writs of the Common Law: It is twofold, viz. Registrum brevium originalium, & registrum brevium judicalium, it is a French word and signifieth a memorial 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 enrolled until 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 
Cooks 10 Rep. Hampets case.  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 ancient time the Senators of Rome 
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 doomsday it is called relevamentum & relevatio. Cook's 7th Rep. Nevil's 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.  were elected à censu of their Revenues, so here in ancient time, in conferring 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 always the fourth part of such Revenue which is requisite, by the Law to the Dignity shall be paid 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 Marquis 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 Franktenement ad sustinendum nomen & onus.   

REMAINDER.  
Remainder, is a remnant of the estate of the 
Cook on Lit. l. 1. c. 7. sect. 60. & l. 4. c. 12. sect. 215.  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 general name. For a Remainder limited by general name 
Cook's first Rep. Hugh Cholmleys' case.  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 surname 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 
Cook on Lit. l. 3. c. 13. sect. 721.  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, 
Doderidge.  and importeth a restitution of Possession unto a man ancient right. It is derived of the Latin verb reomittere, which hath two significations, 
Cook on Lit. l. 3. c. 12.  either to restore, and set up again, or to cease.   

RENTS.  
Rents, Rend paid yearly for Land, or other 
Cooks Rep. l. 10. & on Lit. l. 2. c. 12. Doderidge.  things, is called in Latin Reditus a reddendo, because it is yearly yielded 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, 
Cook on Lit.  because the Lords and the owners thereof do live by them.  
A feme sole Lessee for life rendering Rend, takes a Husband, the Rent arere, the Wife dieth though here be no recovery in the Wife's life time, yet because 
Wom. Law.  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 sum 
Cook's 5th Rep. Wades case.  as five hundred, or a 1000 ll. He must be ready as long before the Sunset, 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 
Cook on Lit. l. 2. c. 12▪ Lambert.  to the owner upon pledges or surety: It had its original 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 ways, viz. by Writ, and that is by the Common Law, 
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.  or by the pleinte, and that is by the Statutes for the more speedy having a gain of their cattle, 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 interest, 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 Receipt i● sur Receipt, 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 
2 p. of Instit. fol. 345  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 ancient French word, coming from rescourrer, that is, recuperare to take from, to 
Cook on Lit. l. 2. c. 12. sect. 237.  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 cattle 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 livelihood. 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 effectual word in the entry. The difference between a nonsuit and a retraxit, is ever when the Demandant or Plaintiff is present in Court. A nonsuit is ever upon a demand made, when the 
Cook on Lit. l. 2. c. 11. sect. 288.  Demandant▪ or Plaintiff should appear, and he makes default. A retraxit is a bar of all other actions, of like or inferior nature. Q●● semel actionem renunciavit amplius repetere non potest. But regularly nonsuit 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 
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.  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 always 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 general signification includeth not only a ●ight for the which a writ 
Cook on Lit. l. 3. c. 8. sect 445.  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 anciently called Ius duplicatum. For example, if a man be disseised of an Acre of Land, the Disseisee hath 
Id. ib. sect. 447.  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 
Id. ib. sect. 478  is right in the eye of the Law, as the Law preserveth it from death and destruction, trodden down it may be, but never trodden 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 
Id. ib. c. 11. sect. 650.  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: 
Cook l. 8. Rep. Edw. Althams' case. Cook on Lit. l. 3. sect. 50.  3. Habendi: 4. Retinendi: 5. Percipiendi: 6. Possidendi.   

RIOT.  
Riot, is where three (at the least) or more do some unlawful Act, it comes from the French word riottor, id est, rixari, scold or brawl.   

ROBBERY.  
Robbery, is so called, because Goods are taken 
Either because they bereft 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 parton Instit. Ch. 16.  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 january after the Sunsetting, during twilight, and it was adjudged that the Hundred should answer for it, because it was convenient time for men to travel, or be about their works or businesses, and with this accords 
Cook 7th Rep. Ashpooles case.  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 robbed, Montague Chief Justice was of opinion that the Hundred should not be charged, but Doderidge, Sir john 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 
Stamford Dr. & Stu.  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 outhouse 
39 Eliz. 15. c.  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 Manor, or a receiver, or a Factor of a Merchant, or the like accountant be robbed, he shall be discharged thereof upon his 
Cook 4th Rep. Southcots' case. 83. B. & on Lit. l. 2. c. 5. sect. 123.  account. But otherwise it is of a Carrier, for he hath his Hire, and thereby implicitly 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 stolen 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 peril. 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 stolen from him without 
Id. ib.  his default or negligence, he shall be discharged. So if goods be delivered to one as a gage or pledge, and they be stolen 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 gauged them tendered 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 stolen 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 Beggar and Vagabond, and it seemeth to be searched 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 
From the French word ●ou●e id est, turma.  proceed in routs and numbers. The difference betwixt an unlawful assembly, a rout and riot, ●s this, when three or more do meet to do an unlawful act, this is an unlawful Assembly, when they move being weaponed from the place of their meeting, towards the place where they purpose to do an unlawful act, (though they do it not) this is a Rout. When with unlawful weapons, they do an unlawful act, this is a Riot. An unlawful 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 
Cook on Lit. l. 2. c. 12. sect. 233.  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 until he have 
Cook's 6th Rep. Bredimans' case.  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 styled as well Servantes leges, as servientes ad legem.   

SHERIFF.  
Sheriff or Shireve, is derived of two Saxon words, viz. Shire comitatus, which cometh of 
Cook on Lit. l. 3. c. 1. sect. 248.  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 threefold custody, viz.  

1. Vitae justitiae, 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 
Vita reipublicae pax. Vicem gerens seu vicarius comitis. Cook preface to 3d Rep.  pacis, within the County, which is the life of the Commonwealth. He is called in Lain vice comes, id est, vice comitis, that is instead of the Earl of the County, who in ancient 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 until 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 
Cook 4th Rep. Mittens case.  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 entire, and it ought to continue so without any fraction or diminution, unless it be by Act of Parliament.   

SOCAGE.  
Socage, the legal termination of (agium) in composition signifieth service or duty, as homagium 
Cook on Lit. l. 2. c. 5. sect. 117.  the service of the man, escuagium servitium scuti socagium servitium socae h●●agium: the duty to be paid for a hide or ploughland, and so of cornagium, burgagium, villenagium.  
When the Lord infeoffs 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 tacitly employed in the feoffment, for the feoffee cannot dung his land without beasts, and they cannot be sustained 
Cook ●th Rep. Cirringhams' case.  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. 
Cook on Lit. l 2. c. 8. sect. 153.  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 itself: and Littleton saith, it is greater and more worthy than Knights service.  
This Tenure hath 7 special 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 Knight's service.  
5. It is to be done within the Realm.  
6. It is Subject to neither aid pour fair fitz chivalier. or file merrier.  
7. It payeth no escuage.    

STATUTE.  
Statute, cometh of the Latin word statatum, 
Cook on Lit. l. 2. c. 11. sect. 193.  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 Horse's Wagon, men with wagons, Waynemen with Wanes, nor Drovers with cattle shall travel upon the Lord's 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, etc. or proved upon Oath by two Witnesses, or by confession of the offendor.  
All such forfeits shall be levied by any Constable, or Churchwarden, 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 King's 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 Lordsday within this Realm, or the Dominions thereof, for any pastime whatsoever. Nor any Bear-baitings. Bull-baitings, Common Plays, or other unlawful 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 Churchwardens of the Parish, to levy 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 month, to continue till the first session of the next Parliament.  
Tertio Caroli capite 4to continued until first session of the next Parliament.  
Anno 21 jac. Regis. An Act to prevent and reform profane 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 Oaths 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, Churchwarden, and Overseers of the poor of that Parish, by Warrant from such Justice or Head-Officer, shall levy the same by distress and sale of the offender's goods, rendering 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, than 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. jacobi. 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 Interludes, and Minstrels wand'ring abroad.   

STEALING.  
Stealing. Theft is the fraudulent taking away of another man's goods, with an intent to steal them against (or without)▪ the will of him, whose goods they be.  
The Civil Laws do judge open theft to be satisfied by the recompense of fourfold, and privy theft, by the recompense double, but the 
Fortescue de laudibus legum Augliae.  Laws of England suffer neither of those offences, to be more favourably punished, then with the offenders death, so that the value of the thing stolen 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 King's pleasure, 
Cook's 7th Rep. Cases of Swans.  one moiety to the King, and the other to the owner of the Land where the Eggs were so taken, and it was a Custom in ancient time, that he which stole a Swan in an open and common River lawfully marked, the same Swan (if it may be) or another Swan shall be hanged in a House by the beak, and he which stole him in recompense 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 Swan, until the head of the Swan be covered with the Corn.   

STEWARD.  
Steward. This word is derived of two old words, Stead 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 ancient times was 
Cooks Rep. The Countess of Salops case, Seneschal is derived of sein, a house or place, and schal an Officer ●r Governor; some say that sen is an ancient word for justice, so as Seneschal should signisie Officiarius Justitiae Cook on Lit. l. 1. c. 9 sect. 78.  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 special 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 acknowledgement 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 man's company, or by his or their weapons, or harness.  
Surrender, quia sursum redditio, and it is of two French words, Suise & rendre, a yielding up of an estate again to his Lessee, or his assignee.   

SUSPENSE.  
Suspense, cometh of suspendeo; and in legal understanding is taken when a signory, Rent, profit, apprender, by reason of unity of possession 
Cook on Lit. l. 3. c. 10. sect. 559.  of the signory, Rent, etc. 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 perdurable an estate as another.   

SUIT.  
Suit. A Wife is disabled to sue without her 
Cook on Lat. l. 2. c 11. sect. 200.  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 
Cook ib. fol. 132, 133.  where the Husband is banished, the Wife may sue, and be sued.    

T.  

TAILE.  
Tail. An estate Tail, it cometh of the French word Tailler, to cut, Lit. l. 1. At the Common Law, before the Statute, De 
Cook Rep. l. 7. Nevil's case, fol. 33. B.  donis conditionalibus, the Donor and Donee had possibility, the Donor of reverter, if the Donee died 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, etc. a woman being Tenant imspecial tail to her, and her first Husband, after issue had by her first, she had full fee-simple 
Cook Rep. l. 8. Pains case. p. 35. B. Cook 7 Rep. Nevil's case p. 33, 34, 35  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 only a mere personal hereditament.  
To estate tail, it is requisite, that the Heirs be 
Cook 7 Rep. Beresfords case.  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 always necessary to the creation of an estate tail.  
If Land be given by Deed to I. S. Et si contingat 
Perkins tit. Faits, f. 36. A  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 
Littleton Cook Rep. l. 8. Prince's case, f. 22. A  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, than he hath fee-tail.  
A device 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 conveys Land to a man and his heirs 
Cook Lovels case.  males, his estate is void because the King is deceived.  
If Lands be given to a man, and to his heirs 
Cook on Lit. l. 1. c. 2. sect. 15.  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 
Id. ib.  by the like, and yet the state in tail is good, as Haeredibus de carne, haeredibus de se haeredibus quos sibi contigerit, etc. 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 
Id. sect. 16.  tail in them presently.   

TAIL.  
Tail after possibility. To hold in the tail after 
Cook on Lit. l. 3. c. 3. sect. 32. and 11. Rep. Lewis Bowles case.  possibility of issue extinct, is where land is given to a man, and to his Wife, and to the heirs of their two bodies engendered, 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 privileges which Tenant in tail himself hath, and which Lessee for life hath not. As  

1. He is not punishable for waste.  
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 
Id. on Li●▪ ib.  the quantity are equal, 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 special 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 man's 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 general word, and doth include all Subsidies, Taxes, Tenths, Fifteen, 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 
Cook on Lit. l. 1. c. 2. sect. 14.  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 entailed, as Rents, Estoures, Commons, or other profits whatsoever granted out of the Land.   

TENURE.  
Tenure, there is a Tenure in England, where 
See afore tit.  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, 
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 man's own goods and lands taking effect after his death.  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 chattels.   
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 
Perkins tit. of testam.  Tenants, before the Stewards, or themselves in their temporal Courts.  
A Testament proved before the Bishop himself of the same Diocese where the party dies is good, if he have not goods and chattels to the value of forty Shillings in any other Diocese, for than it ought to be proved in the Prerogative Court, where one hath Goods only in an inferior Diocese, but the Metropolitan of the same Province pretending that he had bona notabilia in divers Dioceses, commits administration, this administration is not void, but voidable by sentence, 
Perk. ib. Cook 5 Rep. Vere's case in the latter end of Princes.  because the Metropolitan hath jurisdiction over all Dioceses within his Province, but if an Ordinary of a Diocese commit administration of goods, when the party hath bona notabilia in divers Dioceses, such administration is merely void, as well for the goods within his own Diocese, as elsewhere, because that by no means he may have jurisdiction of the cause. What is meant by noble goods, divers Authors have been of divers opinions. Some have been of this opinion, that 
Fitzh. abri. administrat.  if the Testato. ●ie possessed of goods or chattels to the value of sorry Shillings in two several Dioceses, than he ought to be deemed to have notable goods, others have been of this mind, that the testator is deemed to have notable goods, 
Perk. tit. test. f. 94.  though at the time of his death he had but one penny in another Diocese. Others are of this judgement, 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 Dioceses or jurisdictions, this opinion seemeth best to some.  
When the Testator doth in the former part of his will device his Lands in such a place to one in 
Ploughed. in case inter Paramor & jurdley fol. 541.  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 overthrew 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 useful questions, but he 
Cook 6 Rep. Marquis of Winchester's case.  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 perfect memory.  
If the Writer being skilful 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 showed to the T 〈…〉, he departed 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 
Lands holden in burgages and gavelkind are devisable by william.  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 idiots.  
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 heinous crimes, as traitors, felons, heretics, apostates.   
Wills or Testaments made of any Manors, Lands, or Tenements, or other hereditaments, by any person within the age of twenty one years, are 
Stat. H. 8. anno 34 c. 5. Dr. and Student. l. 1 cap. 21. Perk. tit. d● devise.  not good or effectual in Law, for until 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 chattels.  
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, 
Fitz. abrid▪ exec. 108▪  and Doctors of the Canon and Civil Law, the goods of this Realm, that is, of the ancient Crown and Jewels cannot be disposed by william.   

TILLAGE.  
Tillage. Agriculture or tillage is of great account in Law, as very profitable for the Commonwealth, the Common Law giveth arable Land 
Cook on Lit. l. 2. c. 5.  the pre-eminence 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 lawful labours, by converting of tillage into Pasture, only two or three Herdsmen 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 foreign enemies, enseebled and impaired, 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 lawful 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 general 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, quoth 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 
Cook 4 Rep. Edward Althams' Case.  strict signification, 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 
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  ●●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, Sacraments 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 trespass to be done with force and arms, therefore ●e Plaintiff, that saith the Defendant took his ●orse with force and arms, (though he came without 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 man's 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 grovad without Licence.  
The form of a Writ for living things, as Horses, 
Fitz. Herb. N. Brev. tit. Tre●p.  is coeperunt & abduxerunt, for a dead thing, coeperunt & asportaverunt.   

TRAVERSE.  
Traverse, It took the name of the French d● traverse, which is no other than the 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 indictment   

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 answer 
L. Dyer.  to the crime, judgement shall be given upon him a● upon a traitor 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 
Cook. 1 Rep. ●●ellies case  cause, which was malice conceived, wh●● he was servant.  
In Treason concealment is as capital 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 
Alta proditio, & prodit to parva. proditory must necessarily be used in every Indictment of Treason.  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 traitor convicted and attainted, hath his Judgement to be drawn upon a Hurdle from his Prison to the place of Execution, as being 
Stams pl. of C. l. 3. c. 19 with Dr. Boys his gloss. The Romans called high treason laesam Majestatem.  unworthy to tread any more upon Mother Earth, and that backward, with his Head downward, for that he hath been retrograde to natural 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 entrails burned, which inwardly had conceived and concealed such horrible Treason; then his Head cut off, that imagined the mischief.  
Petty Treason is a kill of any to whom pri●ate 
Stamf. pl. of Cr. l. 1. c. 44  obedience is due; as for a servant to kill his Master or Mistress, a Wife her Husband, a Child her Father or Mother; a Clerk his Ordinary, to whom he oweth Canonical obedience.  
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 principal is not a Traitor, and the accessary shall not b● in worse condition than the principal.  
A maid conspired with a stranger to rob her Mistress, and in the night time lethim in at the door, 
L. Dyer. ter. Hil. an. 2. & 3 P. & M  and led him to her Mistress bed with a Candle, and the stranger killed her, the servant saying, or doing nothing, but holding the Candle, this was petty Treason in her.   

TREASURE.  
Treasure, the King's Treasure is the sinews of 
Cook on Lit.  War, and the Honour and safety of the King in time of Peace, Firmamentum belli & ornamentum pacis.  
If any Mine or Metal be found in any ground, that always pertaineth to the Lord of the soil, except 
Brook abri. fol. 181.  it be a Mine of Gold or Silver, which shall be always to the King, in whose ground soever they be found.  
Our Law saith, Quod thesaurus competit Domi●● 
Fitz. coron. 281. 436. Ployden.  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 
It is called in the common Law treasure trove, that is, treasure found.  are called Thesauri in terra, and not the 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, parcel of the Treasure Royal.   

TRIAL.  
Trial. If the trial be of an alien born (for selon● or murder committed by him) the Jury shall b● the medi●tate linguae, that is, half of one Natio, an● half of Strangers, except it be in the case of a 
Lambert.  Scot, whose Jury shall be altogether English, be cause both he speaks our language, and is reputed a Subject.  
In january 38. H. 8. Henry Howard, Earl of Surrey, Son and Heir apparent to Thomas, Duke of Norfolk, was attainted of High Treason, for joining the Arms of England to his own, and he was tried 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 tried by his Peers.  
In such a Trial 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 
See Cook's 2ds part of Instit. c. 29.  shall not be tried 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 (Tailor) 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 man's goods or chattels; or a share or part of the annual revenue of his Land, or puts any charge or burden upon another; so as Tallagium is de genere inclusive, of Subsidies, Taxes, Tenths, Fifteenths, Impositions, and other burdens 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.   

VILLEINAGE.  
Villeinage. A villain signifieth as much as servus among the Civilians. A man of servile or base degree, villain from the French villain, à villa, from a Country Farm, whereunto they were 
judge Doderidge English Lawyer.  deputed to do service, as our villains regardant to Manors, were glebae ascriptitii, tied to the turf, or rather of the word vilis, of his vile and base condition.  
Villeinage is then the service of a Bondman, and yet a freeman may do the service of him that is bound, therefore Tenure in villainage 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. 
Cook on Lit.   
It is agreed by all men, that there were never any bondmen or villains, as the Law calleth them 
Lambert perambul. of Kent.  in Kent.  
Villeinage 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 villainage, or by doing generally whatsoever base service his Lord will command, and impose upon 
Lit. lib. 2. cap. 10. sect. 12.  him, and such a Tenant is termed in our Law a villain.   

VOID.  
Void, A Church Representative may become void five manner of ways.  

1. By death. 
Cook on Lit. p. 120.   
2. By creation.  
3. By resignation.  
4. By deprivation.  
5. By session, as by taking a Benefice incompatible    

VOURCHER.  
Vourcher, 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 yield him other Land.   

USURY.  
Usury, Usura dicitur ab usu & aere, quasi usu aera, 
Cook 5 Rep. Claytons' Case.  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 
The Statute 21 of K. james, c. 17. forbids taking above 8 in the, 100 that of Queen Eliz. above 10.   
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 
Cambden of Durham.  the King's Protection, fall into their hands, and not into the Kings.  
Utlagatus, est quasi extra legem positus, and Bracton saith, that caput gerit lupinum, 
Cook on Lit. l. 2. c. 11.  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 lawful for any man, but the Sheriff only (having a lawful Warrant 
Id. ib.  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 until this day.    

W.  

WAGE.  
WAge, is the giving security for the performing 
Vadiare cometh of the French gager, id est dare pignus, pignore certare, to put in a surety. Minshew.  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 passed 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 
Books tit Estray and waif.  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, 
A thing pro derelicto, habita, waived and forsaken, is nullius in bonis. 29 E. 3. 29 E 4, 5, 12.  is nullius in bonis, as when a man for fear of a tempest casteth his things into the Sea, or some danger being eminent, leaveth them upon the land, or else of his own freewill, 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 seized and the reason is, quia Dominus rerum non apparet, ideo cujus sunt incertum est, and therefore 
12 E. 3. Brief. 678.  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 
Cook 5 Rep. Foxleys' case.  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 
Cook on Lit. l. 2. c. 11. sect. 186.  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 Suitors met him with Lances, and he descending from his Horse, all rose up to him, and he holding his Lance upright, all the rest, in sign of obedience, with their Lances touched his Lance 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 
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 Smith's Common wealth of England. c. 19  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 signify all arms offensive, as Sword, Dagger, Spear, lance, Bill, Bowes, Arrows.  
The Northern English beyond Trent, called a Hundred so.   

WARDSHIP.  
Wardship, The final 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 several 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 
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.  is bound to warrant the thing sold to the Bargainee, and is either,  

1. Real, or  
2. Personal. 

1. Real, when it is annexed to Lands or Tenements granted for life, etc. 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 personal which either respects the 

1. Property, of the thing sold or  
2. The quality of it.       
Real warranty in respect of the estate is either  

1. Lineal.  
2. Collateral, or  
3. Commencing by deseisen.    

WARREN.  
Warren, The King grants a Warren to me in 
It comes from the French word garein, id est, vivarium, Dr. cowel Instit. Cook on Lit. p. 5.  mine own Lands for Pheasants and Partridges only, so by this grant no man may there chase them without my Licence, and so of Hares, but not of Coneys, 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 privilege, but the Land itself passeth, for they are compound.   

WASTE.  
Waste. Brook holds that the Executors shall have 
Brooks abr. tit. Chattels p. 135. B. Cook on Lit. l. 1. c. 7. sect. 67.  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 parcel of the house, and shall descend as parcel 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 parcel 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 
And Rep. Harle●anders case. fol. 63, 64  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 parcel 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 fastened with great or little nails, or by screws or irons put through posts or walls. But if it be any of these ways, 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 parcel. 
Fitzh. Nat. Brev. 58 H.   
By an Action of waste at our Law, the Plaintiff, if it be ●ound for him, shall recover treble damages. 
Cook l. 5. Rep. Countess de Salop. fol. 13.   
For permissive waste no Action lies against Tenant at will, but for voluntary waste a general Action of Trespass lies.  
There are two kinds of waste, viz. voluntary, 
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.  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-edify it again.  
Though there be no timber growing upon the ground, yet the Tenant at his peril 
Cook on Lit. l. 1. c. 7. sect. 67.  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 lieth no action of waste against him; but he cannot pled quòd non fecit vastum, but the special matter.  
A wall uncovered when the Tenant cometh in, is no waste, if it be suffered to decay. If the Tenant 
Id. Ib.  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 Elm; 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 
Id. ib.  to repair a house in that case: And if he cut down Timber upon the ground so let, and repair it, he may well justify 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, 
Cook 4 Rep. Forse and Hembling case.  in judgement of the Law is subject to the will of the Husband; and it is commonly said, a seem covert hath no william.  
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 Husband's beams.  
Where Baron and Feme commit selony, the Feme can neither be principal, nor accessary, because the Law intends her to have no will, in regard of her subjection and obedience she owes to her Husband. 
45 Edw 3. Fitz. Coven 18. 1 H. 5. 12. 6. Perk. cap. de Grant. Nat. Brev. fol. 120. Nat. Brev. fol. 188. 11.   
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 Husband's 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 
Perk. fol. 2. A  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 
Perk. fol. 2. B  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 apparel, she cannot dispose it as she list 
27 H. 8. 27. p. 12.  without his consent, but only me and wear it herself.  
Neither can she lease her own Land for years, for life; if the do, it is void, and the Lessee entering 
Perk. f. 3, 4  by so●ce thereof, is a dissesor to the Husband and trespassor.  
If she sell any thing, the sale is void, except she 
21 H. 7. 18 p. 29. Nat. Brev. f. 12.  be a Merchant, where by the custom she is enabled to Merchandise.  
Finally, she cannot make executors without the consent of her Husband, nor a devise or will▪ Cook 4 Rep. Ognels case 
Ploughed. Comment. 344 a Bret. and Rigdons' case.   
If she make a Will, and thereby device 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 
Dr. and Stud. f. 13. Ploughed. Comment. fol. 418. 8.  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 wife's interest.  
By the Common Law Marriage is a gift of all 
12 H. 7. 22. Cook 5 Rep. fol. 36. H. 8. Dyer fol. 6. Dr. and Stu. fol. 13. Ploughed. Comment. fol. 36.  the Goods and Chattels personal of the Wife to her Husband; so that no kind of property in the same remaineth in her.  
And all personal 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 apparel is not hers in property. While she remaineth a Wife, she is (to use the Law phrase) under covert Baron: she 
4 H. 6. 31.  can neither let, set, al●en, give, nor otherwise of right make any thing away.   

WITHERNAM.  
Withernam comes from two old and outworn Saxon words, Whither all terum & nam pignus quasi 
Doderidge. See Smiths Commonwealth of England. l. 3. c. 10.  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 unlawful, and so in Law forbidden.   

WRECK.  
Wreck, the Civilians call it Naufragium, nothing 
Cook 5 Rep. Sir Henry Constables case. Id. ib.  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 privileged place.  
The King, by the old custom of the Realm, as 
Dr. and Stud.  Lord of the narrow Sea, is bound to scour the Sea of Pirates. 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 formal Letter, or Epistle of the King of the Liberties, etc. 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, 
See Cook's 2ds part of Instit. c. 24. Of the several sorts of Writs, and of the difference between a Writ and an Action.   

1. Original, which are most commonly of course, and therefore are of a set form.  
2. Judicial, which are for the Execution of the Judgement.  
3. Magisteriall, which vary in form according to the matter emergent.    

WRONG.  
Wrong, or Injury is in French aptly called Tort, 
Cook on Lit. l. 2. c. 1.  because injury and wrong is wrested or crooked, being contrary to that which is right and strait. Injury is derived of in and Ius, because it is contrary to right.  
Queen Elizabeth's continual charge to her Justice's agreeable with her ancient Laws was, that for no Commandment under the Great, or Privy Seal, Writs, or Letters, common right might 
Cook preface to second Rep.  be disturbed or delayed, according to the ancient 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 
Cook L. 5  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. several 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.  
Alms, 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 predecessor p. 14  
An, Jour, a convenient time for many purposes ib.  
a, Jour, and waste, what ib.  
Annates what 15  
Annuity what ib. cases about it ib.  
Appeal, whence it comes, the several sorts of Appeals, and cases about it p. 16, 17  
Appendent, what 18  
Apprentices, unde, and what ib.  
Apportion, unde 19  
Appurtenant, what, and how distinguished from Appendent 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 lawful in the right ib.  
Assault, whence p. 22  
Assembly, when unlawful ib.  
Assize, 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 several 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 Bastard's ib. 32  
Battery, what p. 32  
Buggery, what it is p 33  
Burgages, 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-medley, 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 several sorts p. 41  
Chevage, what p. 42  
Clergy, when a man shall have his Clergy p. 43  
Collegium, what p. 44  
Colour of Office, always taken in the worst part ibid.  
Condition, what, cases about it p 45  
Confirmation, what it is, the several kinds of it p. 46  
Confiscate, whence 47  
Conspiracy, what p. ib.  
Constable, whence, and what required in him p ib.  
Contract, why so called, cases about it p. 48  
Copyhold, 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 several Courts p. 54  
Cu●s●er, whence p. 55  
Courtesy of England, what ib.  
Curtilagium, what p 56  
Consuetudo 57  
Custom, what, the properties of it, and several kinds of it p. 58, 59, 60, 61   

D  
Damage, what p. 62  
Damage peasant 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  
Detains ib.  
Demurrer ib.  
Deni●en ib.  
De●i●●●ion ●8  
De●dand ib.  
Deraign p. 69  
De●i●●e ib.  
Device, Cases about it ib. ●●, 71  
Devit, what it is, it is sound in the Law si● ways ib.  
Discretion, what 72  
Discontinuance, whence derived ibid.  
Disparagement, what ibid. Several 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 several causes of it, p. 76. it is twofold ibid.  
Domin cum, what, its several acceptions. p. 77  
Doomsday Book, why so called ib.  
Dower, what, the several 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 eccelesiastical persons are p. 82  
Election, what, in the Law, it is of several 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  
Estovers 93  
Estray ib.  
Estreats 94  
Exchange ib.  
Execution 95  
Executor ib.  
Exigent 96  
Extortion ib.  
Evidence 97   

F  
Farm 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 several significations 104  
Flight, what, p. 105  
Floatsom, what ib.  
Force, what ib.  
Forging 106.  
Formedon, why so called, and its several kinds ib.  
Foundation, what, and whence ib.  
Franchise, what ibid.  
Frankalmoigne, what ibid.  
Franktenement, what. p. 107  
Freeman, who, and how many ways. ib.  
Fresh-suit, what 108.   

G  
Gavelkind, what, and whence p. 1●8  
General 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 several kinds of Heirs p. 115  
Hereditament 116  
Haeres ib.  
Hodgepodge, 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, several cases about it 120, 121, 122  
Hue and Cry, what ib.  
Hundred p. 123   

I  
Idiot, who, cases about it p. 124  
Jersam, what p. 125  
Ignorance 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  
Inn ib.  
Institution p. 130  
Intrusion ibid.  
Joyntenants' ib.  
Jointure p. 131  
Judges ib. 131, 132  
Judgement p. 133  
Jurata, what, and whence the several 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  
Latin 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  
Libel, what, its several 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.  
Mainprize p. 155  
Manor ib.  
Maintenance 156  
Manumission ibid.  
Marriage, cases about it p. 157  
Maxim, what, several 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 several 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  
Nuisance, 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  
Privilege ib.  
Process ib.  
Proof 190  
Property ib. 191, 192, 193  
Protection 194  
Proviso ib.  
Public 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, several 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.  
Sergeants, whence ibid.  
Sheri●f, whence his power ibid.  
Soccage p. 211  
Sergeanty 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  
Trial ib.  
Tallagium. 231   

V  
Vagabond p. 232  
Verdict ibid.  
Villeinage 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, john 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 judge's 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; with 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 joseph; 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 illustrated by Christ●●●● Wase Gen In ●●.  
Moral Discourses and Essays upon several select 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 Love is▪ the one of a Papist, the other of a Presbyterian, by Tho. Swaddling, Dr. in Divinity. In ●.  
New Errors made palpable by an Old Light, or a cheap and easy way to cure the Dissensions 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 practise.  
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 Loadstone of Man's Love: the second, The Regenerate Man's Bliss, by Edward Larkin Minister of the Gospel at Lime▪ field in Su●●ie. In 12.  
A philological Commentary, or an Illustration of the most Obvious and useful words in the Law, by Edward Leigh Esq the second Edition Corrected and Enlarged.