GLOSSARY

Abjuration of the realm, an oath taken by a person accused of crime who had claimed sanctuary to forsake the realm for ever.

Actions mixed, suits at common law partaking of the nature of real and personal actions, by which some real property was demanded, and also personal damages for a wrong sustained.

Actions personal, brought to claim debts, goods, and chattels, and for wrongs done to the person.

Actions real, actions brought for the specific recovery of lands, tenements, and

hereditaments.

Advocarii, see Avowry, men of the

Affere, to appertain, to be proper or meet.

Amerciament, or amercement, the imposition of a penalty left to the

mercy "of

the lord; arbitrary fines imposed by Courts not of record, such as CourtsLeet.

Amobragium, or Amobr, the fee paid to the lord by the tenant upon the marriage of the latter's daughter; it was also a fine for incontinence. It was a similar payment to the "merchetum" in English tenures.

Arthelmen, see Avowry, men of the,

Assize of bread and water, ordinances fixing the price of bread, &c.

Attaint, the conviction of a jury for giving a false verdict; a legal process instituted for reversing a false verdict and convicting the jurors.

Aulnager, a King's officer, whose business it was to measure all woollen cloth made for sale, so that the Crown might not be defrauded of customs and duties.

Avowry, men of the, persons born out of the manor or commote, who on coming into the manor or commote put themselves under the protection of the lord, who in return for certain rents and payments undertook to defend and "avow" them.

B

Base court, an inferior court, not of record, as a court baron or court-leet. Benefit of clergy, an arrest of judgment in criminal cases granted to clergy, but afterwards extended to all who had any kind of subordinate ministration in the Church. It was applied in civil as well as criminal causes. These exemptions grew so burdensome and scandalous that the legislature interfered and finally abolished benefit of clergy altogether in 1827.

Blodwyte, an amercement for bloodshed: a customary fine as an atonement for shedding or drawing of blood.

Brenning, burning.

Cantref, a division of land in Wales, comprising a number of commotes (see “ The Welsh People," by Brynmor-Jones and Rhys, Appendix A.).

Capias, a writ directing the Sheriff to take the body of the defendant.

Capias ad Satisfaciendum, a writ to the Sheriff, commanding him to take the body of the defendant, to make the plaintiff satisfaction for his demand, or remain in custody until he does.

Chensers, or censers, an obsolete word signifying persons who paid taxes or tributes.

Clause of Easter (Clausum Paschia), the end of Easter, the Sunday after Easter Day.

Cockets, sealed labels given to the master of an outward-going ship certifying that the vessel has been duly cleared by the officers.

Common Place, common pleas.

Commorth, see Cymhortha.

Commote, a political division of land included in a cantref. Also a great seigniory or lordship and may include one or divers manors.

Conuzee, or cognizee, the person to whom the fine of lands or tenements was acknowledged.

Corse present, a mortuary present which became due on the death of a man; the best or second best beast was, according to custom, offered or presented to the priest and carried with the corpse.

Coverture, the legal condition of a woman during marriage when she is under the cover, influence, and protection of her husband.

Custos rotulorum, the keeper of the records or rolls of a county.

Cymhortha, customary contributions or payments; also used to describe a gathering of the people for neighbourly aid, by labour or otherwise.

D

Deforciant, the person against whom the fictitious action o. fine was brought. Deodand, the rule of law that any animate or inanimate thing which caused the death of a human being should be forfeited to the King and devoted to pious uses for the appeasing of God's wrath. Abolished in 1846.

Distringas, a writ addressed to the Sheriff issued to effect various purposes. Dower, the right which a woman has to a part of the lands and tenements of which her husband dies possessed.

Dowry, the marriage goods which the wife brings to her husband on marriage.

E

Embracery, an attempt to influence a jury corruptly in favour of one party in a

trial.

Englisherie. In many lordships in Wales there was a part where English customs were observed. This was called the Englisherie. Cf. Welsh Talgarth and English Talgarth in Breconshire (see George Owen's treatise of the Lordships Marchers).

Escheat, a species of reversion; the Crown or lord from whom or from whose ancestor an estate was originally derived, taking it upon the failure, natural or legal, of the intestate tenant's family.

Escheator, an officer appointed to make inquests of titles by escheats and to receive them for the Crown.

Essoign, an excuse for him who is summoned to appear and answer to an action, or to perform suit to a court baron.

Exemplification, a writ granted for the transcript of an original record.

Exigent, judicial writ commanding the Sheriff to demand the defendant from County Court to County Court, until he be outlawed; or if he appear, there to take and have him before the Court on a day certain to answer to the plaintiff in an action of outlawry.

F

Feme coverte, a married woman.

Feoffment, the transfer, by word of mouth and delivery to the transferee, of some part of the freehold land, as a sod of turf.

Feoffor, one who gives possession of anything.

Fieri facias, a judicial writ of execution, the most commonly used for recovery of debts and damages.

Gages, pledges, pawns, or securities.

Gavelkind, land descending in the right line to all sons equally.

Grand cape, a judicial writ touching a plea of lands or tenements.

Gree, satisfaction for an offence committed or injury done.

H

Habeas corpora juratorum, a process commanding the Sheriff to summon a jury. Haberi facias seisinam, a writ addressed to the Sheriff to give seisin of a freehold estate recovered on ejectment or any other action.

Hamsoken, the offence of violently invading a man's house.

Hue and cry, the old common law process of pursuing with horn and voice felons and offenders.

I

Infangthefe, the privileges of lords to judge any thief taken within their fee.

J

Jeofails, Statutes of, Statutes permitting amendments in records.

Jury de medietate linguæ, i.e., consisting one-half of aliens if so many could be found.

K

King's Silver, the money paid to the King for a license granted to a man to levy a fine of lands, tenements, and hereditaments to another person, and this must have been compounded, according to the value of the land, in the alienation office, before the fine would have been passed.

L

Lawday, a court leet or view of frank pledge.

Letters of Mark, commission for extraordinary reprisals granted by the Crown to merchants taken and despoiled by strangers at sea.

Ley gager, a wager of law; one who commences a lawsuit.

Ligeance, the true and faithful obedience of a subject to his Sovereign; also the dominion and territory of a liege lord.

M

Mainour, a thing taken away which is found in the hand of the thief who took it. Mainprise, delivery of a person charged with an offence into the custody of a person called the mainpernor upon security for appearance.

Marchet, or merchetum, the maid's fee (see Amobr), a pecuniary fine, paid by the tenant to his lord for the marriage of one of the tenant's daughters. Mayhem, the loss of a member proper for defence in fight, such as an arm, leg, finger, eye, or a fore-tooth.

Mises, disbursements, costs; a tax or tallage.

Misprision, neglect, negligence, or oversight. Every great misdemeanour, according to Coke, which has no certain term appointed by law, was called sometimes a misprision.

Mort d'ancester, writ of, lay where a person's father, mother, brother, sister, uncle, aunt, &c., died, seized of land and a stranger abated. Mortuary, a customary gift claimed by the clergy on the death of a parishioner.

N

Nisi Prius, a phrase signifying that a trial was to be had in the Courts at Westminster only in the event of its not previously taking place in the county where the action arose before the Judges appointed to hold the Assizes. Non compos mentis, said of a person who is not of sound mind and understanding.

Non molestando, a writ that lay for a person who was molested contrary to the King's protection granted to him.

Novel disseisin, writ of, to recover property of which a person had been dispossessed since the last circuit of the Judges.

Outfangthefe, a privilege of a lord whereby he was enabled to call any man,

dwelling in his manor and taken for felony in another place out of his fee, to judgment in his own court.

Outlawry, or outlagary, the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Courts.

Oyer and terminer, the commission to the Judges to hear and determine treasons, and all manner of felonies and trespasses.

P

Petit cape, a judicial writ touching a plea of lands or tenements summoning the tenant to answer the default only.

Purgation, the clearing a person's self of a crime of which he was publicly accused or suspected.

Quare impedit, a real possessory action to recover a presentation, or to try a disputed title to an advowson.

Quid juris clamat, a judicial writ issued out of the record of a fine, which lay for the grantee of a reversion or a remainder, when the particular tenant would

not attorn.

Quietus, freed or acquitted.

Quorum, Justices of the, Justices named in the Commission of the Peace.

R

Reddit se, or reddidit se, applied to a person who renders himself to prison in discharge of his bail.

Redubbers, persons who bought stolen cloth and turned it into some other colour or fashion so that it might not be known again.

Replegiare, to redeem a thing detained or taken by another, by giving sureties. Reprizes, deductions and payments out of a manor or lands as rent-charges, annuities, &c.

Scire facias, a judicial writ, founded upon some record, requiring the person against whom it is brought to show cause why the record should not be annulled and vacated.

Seigniory, a manor or lordship.