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GLOSSARY.

The Glossary aims only at giving the senses in which words occurring in the previous extracts, with which the reader might probably not be familiar, are there used.

Acquietare, to release or acquit, p. 79.

Aesnecia, right of prior birth, primo. geniture, 88.

Approvare, appruare, 178=appropriare, to approve, i.e. to appropriate part of the waste by inclosure.

Arbelastarius, a cross-bowman, 74. Arramare, to undertake, especially

to undertake the prosecution or defence of a suit, 168 (see Spelman, Glossary, s.v. adrhanire). Arura, a ploughing, 125. Assartare, to clear a space in a wood, 178.

Assartum, a clearing, 168. Assignare, to assign, make over, 146.

Assisa, (1) a law, ordinance, or statute, 98; (2) a particular species of suit, so called, apparently, because instituted by an assisa, 167; (3) the jurors in an assize, 169. Attaintus = attinctus, attainted,

the peculiar consequence of a conviction for treason or felony. Attornare, to appoint a substitute or attorney for the conduct of a suit, 94; to cause a tenant or farmer to recognise as lord the alienee of the freeholder, 154. Averia, animals used in agriculture, especially commonable beasts, 166.

Ballivus, a steward or bailiff, 166. Bladum, corn, 172.

Boscus, woodland, 168.

Bovata, an ox-gang, as much land as one ox (or a pair of oxen) could till in a year, variously estimated at 13-18 acres, but probably an indefinite quantity, 94. Breve, a writ or command in writing, especially a writ by which an action was commenced, 72. Breviuncula, a writing or charter, 60.

Brochia, a great pot or jug to carry liquid things, 126.

Bruera, thorns or rough bushes, 167; rough ground, 178.

Burgagium, burgensis, see Index, Burgage.

Capitalis, chief; capitalis dominus, lord of a manor, 138. Caraxare, to sign, 60. Carruca, carcua, a plough, 108. Casrucata, a plough-land, as much land as could be cultivated by a plough in one year, varying probably with the character of the soil, but larger than the bovata, 74. Catalla, chattels, moveable or personal property, 86.

Census, income from land, rent, 79. Chacea, a way for driving cattle, a drove, 169.

Clamantia, 95, clameum, 194, claim.

Clamare, to complain, 72; to claim, 72. Clamor, complaint, 74.

Clausum Paschae, the close of the octave or utas of Easter, the Sunday after Easter, 99. Comes, an Earl, 58, 74. Comitatus, county, 179; CountyCourt, 73.

Communia, see Index, Common. Compendium, a shorter way, 169. Compotum, compotus, account, 83. Concordia, a settlement or compromise of a cause in court, applied to a fine, 94.

Conquestus, the conquest or асquisition of England by William I,

127, 135.

Consideratio, a judgment (of a Court), 77.

Constitutio, (1) an ordinance or law, 168; (2) a mode of constituting a right, especially the grant by which a servitude is created, 159.

Consuetudo, a custom, especially

customary feudal dues, 128. Conventio, a covenant or agreement by deed, 135, 153. Convincere, to convict, 86. Coterelli, see Index.

Curia, (1) court, Curia Regis, etc.;
(2) a court or yard, 166.
Curialia verba, ordinary every-day
language (?), 70.

Custodia, wardship, see Index.
Custumarii, see Index.

Custus, cost, 74.

Damna (dampna, 120), damages,

153.

Defalta, default, 186.
Defensa, enclosures, 166.

Deforcio, -ceo, to keep out by force, 73.

Demanda, a demand, that which is demanded, 128. Desicut, although, 168. Devisa, or divisa, the division of the property of a deceased person in accordance with his will, hence devise, 96 n.

Dimittere, to demise, let, or lease

lands for life or years, 153. Dirationare, to establish, usually

applied to establishing a superior title, and disproving title of tenant, 78, 85.

Disparagatio, degradation by an unequal marriage, 93.

Disseisina, disseisin, see Index. Disseisire, to put out of seisin, 99. Districtio, distraint, compelling to performance of a duty by lawful seizure of property, 8o. Distringere, to distrain, 80. Dominicum, dominion, or demesne, the possession of the freehold, 138; domain of the lord of a manor, 177. Donatorius, donee, the person to whom an estate is given, 131.

Eleemosyna, see Index, Frankalmoign.

Emenda, amends, properly a compensation to party injured, as opposed to a fine, 107.

Escaeta, escheat, see Index. Escambium, that which is given in

exchange or substitution, especially the land which a lord bound to defend his tenant's title must give in recompense if the tenant be ousted by virtue of a superior title, 78; see Index, Warranty. Estoverium, stuff,' i.e. wood or other materials which the tenant is entitled to take from the land of his lord or a stranger for repairs, fuel, etc., 167.

Exceptio, a plea, formal statement of matter of excuse to an action,

120.

Exhaeredare, to deprive of estate in lands, 86.

Exhaeredatio, disinheritance (by alienation by tenant in his lifetime), 92, 201.

Exitus, issues, profits, 107. Expeditatio (canum,) mutilation of the foot to prevent a dog chasing game, 179. Expeditio, the duty of military service, see Index, Trinoda necessitas.

Expletia, 132, esplez, 210, fruits or produce of land.

Falcatio, the service of reaping or cutting corn, etc., 124. Felonia, felony, crimes other than treason punishable with forfeiture and escheat of land and goods, 86. Feodalis (feodalia servitia, 125), services attaching as an incident of tenure.

Feodifirma, fee-farm, see Index. Feodum, fee. see Index. Fidelitas, fealty, see Index. Finis, (1) a fine (pecuniary), 106; (2) a fine (final concord); see Index. Firmarius, farmer, an occupier of land for years or other limited period who has no freehold interest, 152. Forinseca servitia, services due to the king as lord paramount, as opposed to services due to the iminediate lord, 127. Forisf cere, 35 n., Forisfactura, 86, to forfeit, forfeiture. Foris-familiare, (apparenlty) to deprive a son of a right of succession to lands by his accepting lands from the father in his lifetime, 89. Fossatum, a bank, 169.

Gardinum, gardinus, a garden, 166. Guerra, war, 80.

Haspa, hasp, handle (of door), 132.
Haya, hedge, 169.

Herietta, heriot, see Index.
Hida, hide, see Index.
Homagium, homage, see Index.

Imbreviare, to enrol (names of jurors), 99.

Incurrere, incurri domino, to be forfeited to the lord, 186. Inde, thereon, thereof, therefrom. Intrinseca servitia, services reserved by the feoffment or grant to the immediate lord, 126. Irritare, to make void, 92.

Justiciare, to exercise judicial authority over, compel by process of law, 81.

Justitia, a justice = justitiarius, 72.

D d

Legalis homo, a law-worthy man, one capable of possessing all legal rights, 99. Leporarius, a greyhound (?), 125. Ligeancia, the relation created by homage and fealty of a vassal to his chief lord, 76, 83.

Litteræ patentes, writings authenticated by a seal, whereby a man is enabled to do or enjoy that which otherwise of himself he could not. So called because they are open, ready to be shown for confirmation of the authority thereby given, 126; see Blount, Law Dict. s. v.

Manerium, a manor, 126.
Mansa, see Index.
Mansiuncula, a small house or
tenement, 168.

Mariscus, a marsh, 168. Maritagium, (1) marriage, i.e. the right of the lord to provide his tenant with husband or wife, or to receive the due equivalent, III, 138; (2) the land given by a father to his daughter on her marriage (90) to be held by the tenure of (3) frank-marriage, 91; see Index.

Maritare, to marry, or provide with a marriage, 84. Merchetum, the fine payable by a villein to his lord on the marriage of a daughter, 134, 179.

Messuagium, a house, messuage, 88. Messura, the service of harvesting,

I22.

Miles, a knight, 117; a tenant by knight-service, 87.

Militia, knight-service, 87.
Minister, thegn, 59.
Misericordia, (1) mercy, (2) a dis-
cretionary fine, in misericordia
esse, to be in mercy, i.e. to be
liable to be fined to the extent
of the whole of the offender's pro-
perty, 120.

Molendinum, a mill, 160.
Mora, heath ground, moor, 178.
Mulieratus, a son born in wedlock

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condition against, 138, 139.
- licence of, 138, 360, 362.
title by 368-384.

-

inter vivos, 373-383.

compulsory, for public purposes,

394.
Alieno solo, rights in, 269, 270.
modes of acquisition of, 374-

376.
Alodium, 9 n., 11, 13, 26, 47.

conversion of, into feudum, 32.
Ancient demesne, 51 n., 135 n.
Anglo-Saxon law, 26.
- charters, 29, 57-60.
Appointment, power of, 326-330.
Approvement of commons under
Statute of Merton, 119, 164, 168–
173.

Statute of West. II, 170, 178,

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Assigns, 143.

Assisarum Liber, 236.

Assize, remedy by, 95-100, 120,
135, 158.

of Northampton, 97.
grand, 73, 98.
Attachment, 276.
Attainder, 391.
Attorney, 94 n.

Attornment, 154, 210, 225.
abolition of, 227.

Avowry, 316 n.

Bankruptcy, 396.
Bargain and Sale, 293.

effect of Statute of Uses on, 321.
enrolment of, 322, 330-333.
Base fee, 189.

Bastard, 89, 92.

Battle, trial by, 73 n.

Beneficia, 31.

Bookland, 12, 13.

Bordarii, 25 n., 50, 52.

Borough English tenure, 49, 88,

291.

Boroughs, customs of, 48.

Bracton, Henricus de, his treatise,

104.

Britton, 175, 210.

Brooke's Abridgment, 236.
Burgage tenure, 5, 48.

custom of devise in, 48, 236,
342.

Capite, tenant in, 30, 116, 137.
mistaken use of term, 361 n.
Cestui que trust, see Trusts.
Cestui que use, 284, 289.

conveyances of, made good, 310.
position of, assimilated to legal
owner, 311.
Cestui que vie, 142 n.

Assignment, 380.

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