AB

ABATE ( Intrudere ) seemeth to be taken from the French Abatre i. decutere , destruere , prosternere . It is in the Writers of the Common law used both actively and passively , or rather neuterly : as to abate a Castle or a Fortlet , Old nat. br. fol. 45. which in Westm. 1 cap. 17. is plainly interpreted to be as much as to beat down . And to abate a writ , is by some exception to defeat or overthrow it , Britton , cap. 48. And in this Active voice it hath two significations : one general , another special : general , as in the former examples : and again in Kitchin , fol. 173. Abater meason , is to ruine or cast down a House : especially , as in the Old nat. br. fol. 115. A Stranger abateth , that is , entereth upon a House or Land void by the death of him that last possessed it , before the Heir take his possession , and so keepeth him ou● . Wherefore as he that putteth out him in possession , is said to disseise : so he that steppeth in between the former possessor and his heir , is said to abate . In the neuter signification it is used , an. 34 Ed. 1. stat. 2. of joint tenents ; viz. the writ of the demandant shall abate , that is , shall be disabled , frustrated or overthrown . So in Stawnfords pleas of the Crown , fol. 148. In this case a man may say , that the Appeal abateth by covin , that is , that the accusation is defeated by deceit . See Intrusion .

Abatement ( Intrusio ) commeth also of the French ( abatement . i. dejectio , decussio , prostratio ) and likewise used as the verb ( abate ) both actively and passively : sometime signifying the act of the abator ; as the abatement of the heir into the Land before he hath agreed with the Lord , Old nat. br. fol. 91. Sometime the affection or passing of the thing abated , as abatement of the writ , Kitchin , fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians , Brit. cap. 51. or rather in effect of it . For the exception alledged and made good , worketh the abatement . And this exception may be taken either to the insufficiency of the matter , or to the incertainty of the allegation by the misnaming of the Plaintiff , Defendant , or place to the variance between the Writ and the Speciality , or Record , to the incertainty of the Writ , Count , or Declaration , or to the death of the Plaintiff or Defendant : New Terms of the Law , verbo , Abatement of Writ . And he that will read more of this , may look upon the new Book of Entries , verbo , briefe .

Abatour ( Intrusor ) is he that abateth , that is , thrusteth into a house or land , void by the death of the former Possessor , and not yet entred or taken up by his Heir . Old nat. br. fol. 115. Perkins , fol. 76. If there be a Disseisor , Abator , or Intrudor upon any Land by the deceipt of the woman , &c.

Abbat ( Abbas ) in French Abbé , is by skilfull Linguists said to come from the Syriacke word ( Abba ) i. pater , and in our Common Law is used for him that in the Covent or fellowship of Canons hath the rule and preheminence . He is by Justinian novel Constitut. 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . termed Archimandrita , of others Coenobiarcha , vel Archimonachus , Hoto . in verbis Feuda . Of these some here in England were Mitred , some not : Stowes annals , pa. 442. And those that were Mitred , were exempted from the jurisdiction of the Diocesan , having in themselves Episcopal authority within their precincts , and being also Lords of the Parliament . Of this kind thus saith Corasius ; Aliqui Abbates h●bent jurisdictionem Episcopalem ad quos cum Ecclesia pleno jure pertineat , in corum Monasteriis Episcopus nihil exercet , cap. Ea quae . Ubi Panor , extra de statu Monacho . Haec dictus Author in Paraphrasi de Sacerdotio , materia parte pri. cap. 9. And these were called Abbots soveraign , anno 9 R. 2. cap. 4. and Abbots generals , as M. Ferne noteth in his glory of generosity , pa. 126. The other sort were subject to the Diocesan in all spiritual government , cap. Monasteria 18. quaest. 2. ca. Abbas . & ca. visitandi , cum quatuor sequentibus ibidem , Omnes 16. quaest. 7. & ca. Cum venerabilis , extra de religiosis domibus . And as Abbots , so were there Lord Priors also , who both had exempt jurisdiction , and were Lords of the Parliament , as appeareth by S. Edwara Cook de jure Ecclesiastico . fol. 28. a.

Abeyance , seemeth to be derived from ( Abayer . i. allatrare ) to bark at as Dogs do against a Stranger , or Spaniels at a Feasant put to the Peark . So children are said ( bayer à la mamme ) when seeing the dugge , they struggle and make means towards it . And they likewise ( bayer aut Pargent ) qui spe atque animo incumbunt pecuniae . This word in Littleton , cap. Discontinuance , is thus used . The right of Fee-simple lyeth in abeyance : that is ( as himself interpreteth ) all only in the remembrance , intendment , and consideration of the Law . Also in the same place , the Frank tenement of the Glebe of the Parsonage , is in no man during the time that the Parsonage is void , but is in abeyance . And again : It is a principle in Law , that of every land there is Fee-simple in some man , or the Fee-simple is in Abeyance . Considering these places , and comparing them with the signification of the French word , I am driven to think , that our antient Lawyers would signifie hereby a kind of hope , or longing expectance : because that those things that be in abeyance , though for the present they be in no man , yet they are in hope and expectation belonging to him that is next to enjoy them . For I find also in the French , that unbayard , is avidus spectator , a greedy beholder . I cannot in mine own opinion better compare this , than to that which the Civilians call Haereditatem jacentem . For as Bracton saith ( lib. 1. cap. 12. nu. 10. ) Haereditas jacens nullius est bonis ante aditionem . Sed fallit in hoc quia sustinet vicem personae defuncti , vel quia speratur futur a haeredisas ejus qui adibit . So that ( as the Civilians say ) goods and lands do jacere , whilst they want a Possessor , and yet not simply , because they had lately one , and may shortly have another : So the Common Lawyers do say , that things in like estate are in abeyance . Read farther of this in the new terms of Law , and in Plowdens reports , casu Walsingham , fol. 554. a.

Abet ( Abetare ) may without absurdity be said to proceed from the French ( bouter . i. ponere , apponere , impellere propellere . ) It signifieth in our common Law as much as to encourage or set on . The substantive ( abetment , abettum ) is used for an incouraging or setting on , Stawnf . pl. cor. fol. 105. And also ( abettour ) for him that encourageth or setteth on , Old nat. br. fol. 21. But both verb and noun is alwaies used in the evill part .

Abishersing ( according to Rastall in his Abridgement , titulo Exposition of law words ) is to be quit of amerciaments before whomsoever , of transgression . The Author of the new tearms calleth it otherwise ( Mishersing ) and saith it is to be quit of amerciaments , before whomsoever , of transgression prooved . I am of opinion that the word original signifieth a forfeiture , or an amerciament , and that it is much transformed in the writing , by misprision and ignorance of Clarks : thinking it very probable that it proceedeth from the German verb Beschetzen , which is as much as fisco addicere vel confiscere . It seemeth by the former Authors to be tearmed a freedome or liberty ; because he that hath his word in any Charter or Grant , hath not only the forfeitures and amerciaments of all others , within his fee or transgressions , but also is himself free from all such controll of any within that compass .

Abjuration ( abjuratio ) signifieth in our common law a sworn banishment ; or an oath taken to forsake the Realm for ever . For as Stawnf . pl. Cor. lib. 2. ca. 40. saith out of Polydore Virgils 11 book of Chronicles , the devotion toward the Church , first in Saint Edward a Saxon King , and so consequently in all the rest , untill anno 22 Hen. 8. was so earnest , that if a man having committed felony , could recover a Church , or Church-yard , before he were apprehended , he might not be thence drawn to the usual tryal of Law , but confessing his fault to the Justices at their comming , or to their Coroner , before them or him give his oath finally to forsake the Realm . Of this you may read a touch , an. 7 Hen. 7. cap. 7. But the form and effect of this you may have in the old Abridgement of Statutes , titulo Abjuration , nu. 3. taken out of the antient Tractate , intituled De officiis Coronatorum , as also in Cromptons Tractate of the Office of the Coroner , fo. 260. b. and in the new Book of Entries , verbo Abjuration : and in Andrew Horus Mirrour of Justices , lib. 1. cap. del Office del Coroner . This part of our Law was in some sort practised by the Saxons , as appeareth by the Laws of King Edward , set out by Master Lambert , num. 10. but more directlie by the Normans , as is evident by the grand Custumary , ca. 24. where you have these words in effect , He that flieth to a Church or holy place , may stay there for eight daies , and at the ninth day he must be demanded , whether he will yeeld himself to secular justice , or hold him to the Church : for if he will he may yeeld himself to the lay Court . If he cleave to the Church , he shall foreswear the Countrie before the Knights and other people of credit , which may witness the act , if need require . The form of the Oath is likewise there set down , with the rest of the proceeding in this matter , very agreeable with ours . This mercy as well of the Saxons as Normans derived unto us , something resembleth that of the Roman Emperors towards such as fled to the Church , lib. 1. Co. titulo 12. or to the images of themselves , eodem , titulo 25. And also that of Moses touching the Cities of refuge , Exod. cap. 21. vers. 13. Num. ca. 15. vers. 6 , 11 , 12. Deut. 19. vers. 2. Josh. 20. vers. 2. But as it was in our Ancestors daies larger by great oddes , in this Realm , so had it less reason , as may appear to all that will compare them . Of all circumstances belonging to this abjuration , you may futher read the new Tearms of law , Stawnford ubi supra , and such others . But this grew at the last upon good reason , to be but a perpetual confining of the offender to some Sanctuary ; wherein , upon abjurarion of his liberty and free habitations , he would choose to spend his life , as appeareth , an. 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away . So that abjurati on at this day hath place but in few places : And if it be inflicted upon any , it is not a confining to a Sanctuary ( for there be no Sanctuaries remaining amongst us ) but a sworn banishment of the Kings Dominions . This the Civilians call exilium , or deportatinem , li. 28. Digest . tit. 22. de interdictis , relegatis , & deportatis .

Abridge ( abbreviare ) commeth of the French abreger , and in one generall language signifieth as much as to make shorter in words , holding still the whole substance . But in the Common law it seemeth ( at the least for the most part ) to be more particularly used for making a declaration or count shorter , by subtracting or severing some of the substance therein comprised . As for example , a man is said to abridge his plaint in an Assise , or a woman her demaund in an action of Dower , that hath put into the plee or demand , any land not in the tenure of the tenant or defendant : and finding that by his answer , raseth those parcels out of the plee , praying answer to the rest . So that here Abridger is not contrahere , but rather subtrahere . Tearms of the Law : Brook , titulo Abridgement : and an. 21 Hen. 8. ca. 3. Of this the Civilians have no use , by reason of certain cautelous clauses they ordinarily have at the end of every position or article of their libel or declaration , to this effect : & ponit conjunctim , divisim , et de quolibet , et de tali et tanta quantitate vel summa qualis & quanta per confessionem partis adversae , vel per probationes legitimas in fine litis apparebit . And again in the conclusion of all : Non astringens se ad singula probanda , sed petens , ut quatenus probaverit in praemissis , aut eorum aliquo , eatenus obtineat ; by vertue of which clauses the Plaintiff faileth not in the end by any over or under demand , neither is driven to begin his Action again , but obtaineth for so much as he proveth to be due , though not to the height of his demand .

Abridgement ( abbreviamentum ) see Abridge .

AC

ACcedas ad curiam , is a Writ that lyeth for him , who hath received false judgement in a Court Baron , being directed to the Sheriff , as appeareth by Dyer f. 169. nu. 20. Like as the writ De falso judicio , lyeth for him that hath received false judgement in the County Court : the form whereof you may see in Fitz. nat. br. fol. 18. d. in the Register , fol. 9. b. where it is said , that this writ lyeth for Justice delayed , as well as falsly given . It is a species of the writ called ( Recordare ) Register original , fol. 5. b. and Fitz. ubi supra .

Accedas ad Vicecomitem , is a writ directed to the Coroner , commanding him to deliver a writ to the Sheriff , that having a ( pone ) delivered unto him , doth suppress it . Regist. orig. fol. 83.

Accessory ( Accessorius vel Accessorium ) is used in our Common law , otherwise than among the Civilians . For whereas with them it is generally taken for any thing depending upon another ; here though it be so likewise , yet most commonly and notoriously it signifieth a man that is guilty of a felonious offence , not principally , but by participation : as by commandment , advice , or concealment . And a man may be accessory to the offence of another , after two sorts : by the Common law , or by Statute : and by the Common law two waies also : that is , before , or after the fact . Before the fact , as when one commandeth or adviseth another to commit a selony , and is not present at the execution thereof . For his presence maketh him also a principal : wherfore there cannot be an accessory before the fact in man-slaughter , because man-slaughter is sodain and not prepensed , Cook lib. 4. fol. 44. a. Accessory after the fact , is when one receiveth him , whom he knoweth to have committed selony . Accessory by Statute is he that abetteth , counselleth , or hideth any man committing or having committed an offence made felonie by Statute . For though the Statute make no mention of abettours &c. yet they are by interpretation included . Of all these consult with Stawnf . pl. cor. lib. 1. cap. 45 , 46 , 47 , 48. There is also an accessory of an accessory , as he that wittinglie receiveth an accessory to felony , lib. Assis . 26. pl. 51. coron. Fitz. 197. Stawnf . pl. cor. lib. 1. cap. 48. And the Law of England is , that so long as the principal is not attainted , the accessorie may not be dealt with , Stawnf . ubi supra . The reason whereof you may see , Cook li. 4. fo. 43. b. And this is also true by the Civil Law . Claudius de Battandier in pract. crim . regula 101. at the least untill the principal be certainly known . Of this subject read M. Cromprons Justice fol. 37. b. 38 , 39.

Acceptance , is a receiving of a rent , whereby the Receiver bindeth himself for ever to allow a former fact done by another , whether it be in it self good or not . New tearms of Law .

Accompt ( computus ) is in the Common law taken for a writ or action brought against a man , that by means of Office or business undertaken , is to render an account unto another : as a Bailiff toward his Master , a Guardian in soccage toward his Ward , and such others , as you shall find particularly named by Fitz. in his nat. br. fol. 116. where you may also have the form and further use of this writ . See ex parte talis .

Accroche . See Encrochment . This word Accroche is used , an. 25 Edward 3. Stat. 3. cap. 8.

Achat , commeth of the French ( achet , i. emptio , nundinatio ) and is used for a contract or bargain . Brook tit . Contract .

Acquittal , signifieth in our Common law most ordinarilie a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold : acquital in law , or acquital in fact . Acquital in law is , when two be appealed or endicted of felony , one is principal , the other accessory , the principal being discharged , the accessory by consequent is also freed . And in this case as the the accessorie is acquitted by law , so is principal in fact , Stawnf . pl. cor. fol. 168.

Acquittance ( acquietantia ) commeth from the French ( quicter , or quitter , i. accepto ferre , or quictance , i. acceptitatio , apocha ) and signifieth a release or discharge from a debt formerly due . But the verb ( acquit ) the participle ( acquitted ) and the noun ( acquittal ) signifie also a discharge or clearing from an offence objected , as , acquitted by proclamation , Smith de Rep. Anglo . pa. 76. Stawnf . pl. cor. fol. 168. Brook tit . Acquittall . See the new tearms of Law , verbo , Acquittal and Acquittance .

Acquietandis plegiis , is a writ lying for a suretie against the creditour that refuseth to acquit him , after the debt is paid by the Debtour , Regist. orig. fol. 158. where it appeareth that this is a Justicies .

Acre ( acre ) is a certain quantity of land containing in length 40 perches , and four in breadth , or to that quantitie , be the length more or less . And if a man erect any new Cottage , he must lay 4 acres of land to it after this measure , anno 31 Eliz. ca. 7. and with this measure agreeth Master Crompton in his Jurisdiction of Courts , fol. 222. though he say also , that according to the divers customes of divers Countries the the Perch differeth , being in some places and most ordinarily , but 16 foot dimid. But in the County of Strafford 24 foot , as was adjudged in the case between Sir Edward Aston , and Sir John B. in the Exchequer . In the Statute made of sowing of Flax , anno 24 H. 8. cap. 4. eight score Perches make an acre , which is 40 multiplyed by 4. See also the ordinance of measuring of Land , made an. 34 Ed. 1. statut. 1. which agreeth with this acompt . The word ( Acre ) seemeth to come from the German word ( acker ) which is all one with the Latine ( ager . )

Action ( actio ) is defined by Bracton lib. 3. cap. 1. as it is by Justinian lib. 4. Instit. titulo de actionibus , viz. Actio nihil aliud est quàm jus persequendi in judicio quod alicui debetur . Action is principally divided by Justinian , in personalem & realem : by Bracton into personal , real , and mixt : action personal is that , which belongeth to a man against another by reason of any contract , offence , or cause of like force to a contract or offence made or done by him or some other , for whose fact he is by law to answer . Bract. lib. 3. cap. 3. nu. 2. Action real is defined to be that which is given to any man against another , that upon any cause possesseth or occupieth the thing requited or sued for in his own name , and no other mans : and in this only respect , that he possesseth or occupieth the thing , and none other . Bract. ibid. nu. 3. and his reason is this : quia habet rem vel possidet , quam restituere potest vel dominum nominare . This definition and reason he farther exemplifieth in the words there following , which he that will may read at large . Action mixt is that which lyeth as well against or for the thing which we seek , as against the person that hath it : and is called mixt , because it hath a mixt respect both to the thing and the person . Bract. lib. 3. cap. 3. nu. 5. For example , the division of an Inheritance between co-heirs or co-partners , called in the Civil law ( actio familiae exciscundae : ) secondly , the division of any particular thing being common to more , called likewise ( actio de communi dividundo : ) and this kind of action ( saith Bracton ) doth seem to be mixt , because it lyeth as well against the thing as the person : and indeed so do other excellent Civilians , as Cuiacius and Wesenbecius in their Paratitles . π. finium regund . And though Justinian in his first division omitteth the third member : yet afterward in the same title , § 20. he saith as these men do , viz. that there be certain actions ( naming these and other of like nature ) that seem to have a mixture , &c. Of this you may also read Britton at large in his Chapter 71. And this division of action springeth from the object or matter whereabout it consisteth , Wesenb . parat . π. de actio . & obliga . The Author of the new Tearms of Law defineth a mixt action to be a sute given by the Law to recover the thing demanded , and also the damages for wrong done : as in Assise of novel disseisin : the which writ , if the disseisour make a feoffment to another , the disseiseur shall have a remedie against the disseisour and the feoffer , or other land tenant , to recover not only the land , but the dammages also . See the test . These words occasion me to shew , that actio is by the Civil law called mixta in two respects : Nam quadam mistae sunt , quòd in se , & actionis in rem , & actionis personalis naturam habeant , & in üs , & actor & reus uterque sit , l. actionis verbo . § . fina w. de obliga . & actio . Tales sunt actio familiae excisc . communi dividun . & finium regun . quaedam verò mistae sunt quòd rem simul & poenam persequantur ; ut in actione vi bonorum rapt . legis Aquiliae , & ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta solvere distulerunt . And of this latter sort is the example that the said Author bringeth of a mixt action .

Action , is also by the Civilians divided , of the efficient cause , in civilem & praetoriam . Whereof one riseth out of the common civil law , the other from some Edict of the Pretour . Who being Chief Justicer , had authority for his year , to supply the defects of the general law by his especial edicts . And a division not unlike this may be made in the Common law of England , one growing from the antient customary law , the other from some Statute . Brook tit . Action sur le statut .

Action of the final cause , is divided into civill , poenal , & mixt . Cook vol. 6. fol. 61. a. Action civil is that , which tendeth only to the reeovery of that which by reason of any contract or other like cause , is due unto us : as if a man by action seek to recover a sum of mony formerly lent , &c. Action penal is , that aimeth at some penalty or punishment in the party sued , be it corporal or pecuniary . As in the Action legis Aquiliae in the Civil law : wherby in our Common law the next Friends of a man feloniously slain or wounded , shall pursue the law against the murtherer , or him that wounded him , to condign punishment . Bract. li. 3. ca. 4. Action mixt is that , which seeketh both the thing whereof we are deprived , and a penalty also for the unjust deteining of the same : as in an Action of Tithe upon the Statute , anno 2 & 3 Ed. 6. cap. 13.

Action is also , according to the form of Petition , divided into such as are conceived to recover either the simple value of the thing chalenged , or the double , the triple , or quadruple . Bract. li. 3. ca. 3. nu. 6. So doth Decies tantum lye against Embracers . Fitz. not . br. fol. 171. and against Jurours that take mony for their verdict of one part , or the other , or both . And to be short , any other action upon a Statute that punisheth any offence by restitution , or fine proportionable to the transgression .

Action is prejudicial ( otherwise called preparatorie ) or else principal : prejudicial is that which groweth from some question or doubt in the principal : as if a man sue his younger Brother for Land descended from his Father , and it be objected unto him he is a Bastard . Bract. lib. 3 , ca. 4. nu. 6. For this point of bastardy must be tryed before the cause can further proceed , and therefore is termed praejudicialis , quia prius judicanda .

Action is either awncestrel , or personal . Stawnf . pl. cor . 59. Auncestrel seemeth to be that , which we have by some right descending from our Ancestor upon us : and that personall , which hath the beginning in and from our selves .

Action upon the Case ( actio super casu ) is a general Action given for redress of wrongs done without force against any man , and by Law not especially provided for . For where you have any occasion of sute , that neither hath a fit name , nor certain form already prescribed : there the Clerks of the Chancery in antient time conceived a fit form of Action for the fact in question : which the Civilians call actionem in factum , and our common Lawyers , action upon the case . In factum actiones dicuntur ideo , quia quod nomine non possunt exprimere negotium , id rei gesta enarratione declarant citra formulam ac solennitatem ullam : Cuiacius & Gothofredus ad Rubricam de praescriptis verbis . And whereas in the Civill Law there are two sorts ( actionis in factum ) one termed actio in factum ex praescriptis verbis , the other actio in factum praetoria . Wesenb . parat . de praescrip. verb. the former growing upon words passed in contract , the other more generally upon any , fact touching either contract or offence formerly not provided against ; this Action upon the Case seemeth in use to be more like to the Pretours Action in factum , than to the other : because in the perusal of the new book of Entries , and Brooks his Abridgement hereupon , I perceive that an Action upon the Case lyeth as well against offences , as breach of contract . Of this see more in the word Trespass .

Action upon the Statute ( actio super Statuto ) is an Action brought against a man upon breach of a Statute : to be resembled in mine opinion to any Action given in the law Imperial , either upon edictum praetoris , ple biscitum or senatusconsultum . For as the Pretour , so the common People in comitiis tributis , and the Senators or Nobility in curia vel senatu , had power to make laws , whereupon the Pretour or other Judges permitted Action . And even so our high Court of Parliament maketh Statutes against such offences , as are either newly grown , or more and more increased : and our Judges entertain their Plees , that commence their actions against the breakers of them .

Action is perpetual or temporal ( perpetua vel temporalis ) and that is called perpetual , the force whereof is by no time determined . Of which sort were all civil Actions among the antient Romans , viz. such as grew from Laws , decrees of the Senate , or constitutions of the Emperors : whereas actions granted by the Pretor , died within the year , de perpet . & tempor . actio . in Instit. So we have in England perpetual and temporary actions : and I think all may be called perpetual , that are not expresly limited . As divers Statutes give actions , so they be pursued within the time by them prescribed , namely , the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed , and no longer : and the Statute anno 7 H. 8. cap. 3. doth the like for four years ; and that anno 31 Eliz. cap. 5. for one year and no more . But as by the Civil Law no actions were at the last so perpetual , but that by time they might be prescribed against : as actiones in rem decem aut viginti terminantur annis , personales veró triginta . sect. 1. de perpet . & temp. actioin Institutio . & l. 3. Co. de praescript. 30. annorum : so in our Common law , though actions may be called perpetual in comparison of those that be expresly limited by Statute ; yet is there a means to prescribe against real actions within five years , by a fine levied , or a recovery acknowledged , as you may see farther in the word Fine , and Recovery . And for this also look Limitation of Assise .

Action is farther divided , in actionem bonae fidei & stricti juris . Which division hath good use in our common Law likewise , though the terms I find not in any of their Writers . But of this , and such like divisions , because they have as yet no apparent acceptance amongst our Lawyers , but only a hidden use , I refer the Reader to the Civilians , and namely to Wesenb . in his Paratitles . ● . Deobligatio . & actio .

AD

Addition ( additio ) is both the English and French word made of the Latine , and signifieth in our common Law a title , given to a man over and above his Christian and Surname , shewing his Estate , Degree , Occupation , Trade , Age , Place of Dwelling , &c. For the use whereof in original writs of Actions personal , appeals , and indictments . It is provided by Statute an. 1 H. 5. cap. 5. upon the penalty therein expressed . Terms of the Law . Brook farther addeth , that it is likewise requisite in Towns , and Gates of the Towns ; Parishes in great Towns and Cities , where there may be any doubt , by reason of more Towns , Gates , or Parishes of the same name , titulo Addition . See also M. Cromptons Justice of peace fol. 95 , 96.

Adeling was a word of Honor among the Angles , properly appertaining to the Kings Children , whereupon King Edward being himself without issue , and intending to make Eadgare ( to whom he was great Uncle by the Mothers side ) his Heir to this Kingdom , called him Adeling . Roger Hoveden , parte poster . suorum Annal. fol. 347. a.

Adjournment ( adjournamentum ) is almost all one with the French ( adjouarement . i. denunciatio vel diei dictio . ) and signifieth in our Common-law an assignment of a day , or a putting off untill another day , Adjournment in eyre , ( anno 25 Ed. 3. Statute of Pourveyers , cap. 18. ) is an appointment of a day , when the Justices in eyre mean to sit again . Adjourn . anno 2 Edw. 3. cap. 11. hath the like signification . And this whole Title in Brook his Abridgement proveth the same . The bastard Latine word ( adjournamentum ) is used also among the Burgundians , as M. Skene noteth in his Book De verbo signi . verbo , Ad urnatus , out of Cassaneus de consuet. Burg.

Ad inquirendum , is a Writ judicial , commanding inquiry to be made of any thing touching a Cause depending in the Kings Court , for the better execution of Justice , as of Bastardy , of Bond-men , and such like : whereof see great diversity in the Table of the Register judicial , verbo , ad inquirendum .

Admeasurement ( admensuratio ) is a Writ , which lyeth for the bringing of those to a mediocrity , that usurp more than their part . And it lyeth in two cases : one is termed Admeasurement of Dower ( admensuratio dotis ) where the widow of the deceased , holdeth from the Heir or his Guardian more in the name of her Dower than of right belonging unto her . Register orig. fol. 171. a. Fitzh . nat. br. fol. 148. The other is Admeasurement of Pasture ( admensuratio pasturae ) which lyeth between those , that have common of Pasture appendant to their free-hold , or common by vicenage , in case any one of them , or more , do surcharge the Common with more Cattel than they ought , Register orig. fol. 156. b. Fitzh . nat. br. fol. 125.

Administer ( administrator ) in our Common-law is properly taken for him , that hath the Goods of a Man dying intestate , committed to his charge by the Ordinary , and is accountable for the same , whensoever it shall please the Ordinary to call him thereunto . I find not this word so used in all the Civil or Canon-law ; but more generally for those , that have the Government of any thing , as the Degrees . Can. 23. quaest. 5. cap. 26. Administratores plane saecularium dignitatum , &c. and extrava . com . ca. 11. Grangias autem , & alia loca Cisterciensium ordinis , & aliorum Regalium , in quibus Gubernatores , seu custodes , vel administratores ponuntur , &c. Howsoever the signification of this word grew to be restrained amongst us , it greatly booteth not . But there was a Statute made anno , 31 Ed. 3. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators , and to authorize them as fully as Executors , to gather up , and to dispose the Goods of the deceased : alway provided , that they should be accountable for the same , as Executors . And before that , viz. Westm. 2. anno 13 Ed. 1. cap. 19. it was ordained , that the Goods of those that died intestate , should be committed to the Ordinary his disposition , and that the Ordinary should be bound to answer his debts , so far forth as the Goods would extend , as Executors . And I perswade my self that the committing of this burden unto Bishops , and those that derive Ecclesiastical Authority from them , grew first from the constitution of Leo the Emperor . Co. de Episco . et cleri . l. nulli li licere . 28. Where it is said , that if a man dying , bequeath any thing to the redeeming of Captives , &c. and appoint one to execute his Will in that point , the Party so appointed shall see it performed : and if he appoint none to do it , then the Bishop of the City shall have power to demand the legacie , and without all delay perform the Will of the deceased .

Admirall ( Admiralius ) commeth of the French ( amerel ) and signifieth , both in France and with us , an high Officer or Magistrate that hath the Government of the Kings Navy , and the hearing & determining of all Causes , as well Civil as Criminal belonging to the Sea . Cromptons divers jurisd. fo. 88. and the Statutes anno 13 R. 2. ca. 5. & anno 15. ejusdem , ca. 3. & anno 2 H. 4. ca. 11. & anno 2 H. 4. ca. 6. & anno 28. H. 8. ca. 15. with such like . This Officer is in all Kingdoms of Europe that border upon the Sea : and this Authority in the Kingdom of Naples is called , magna Curia Admiratiae quae habet jurisdictionem in eos qui vivunt ex arte maris . Vincent . de Franch . deseis . 142. nu. 1. This Magistrate among the Romans was called praefectus classis , as appeareth by Tully in Verrem . 7. but his Authority was not continual , as the Admirals in these day , but only in time of War . Neither do I find any such Officer belonging to the Emperors in our Code . And M. Gwin in the Preface to his reading , is of opinion , that this Office in England was not created untill the daies of Edward the third . His reason is probable . Britton that wrote in Edw. the firsts time , and in the beginning of his Book taking upon him to name all the Courts of Justice , maketh no mention of this Court or Magistrate . And again Richard the second finding the Admiral to extend his Jurisdictions over far , ordained by Statute made the 10 year of his Reign , that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies , whereby the said Master Gwin conjectureth , that he did nought else but reduce him to his original . But contrarily to this it appeareth by antient Records , the Copies wherof I have seen , that not only in the daies of Edward the first , but also of King John , all causes of Merchants and Mariners , and things happening within the Flood-mark , were ever tryed before the Lord Admiral .

Ad jura Regis , is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown . Of this you may see divers forms upon divers Cases . Register orig. fo. 61. a.

Admittendo clerico , is a Writ granted to him that hath recovered his right of presentation against the Bishop in the Common-bank : the form whereof read in Fitzh . nat. br. fol. 38. and the Register orig. fol. 33. a.

Admittendo in socium , is a Writ for the association of certain Persons to Justices of Assises formerly appointed , Register orig. fol 206. a.

Ad quod damnum , is a Writ that lyeth to the Escheater to inquire what hurt it will be to the King , or other Person , to grant a Fair or Market , or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion , or other body politick . For in that Case , the Land so given is said to fall into a dead hand , that is , Such an estate and condition , that the chief Lords do leese all hope of Heriots , service of Court , and escheats upon any traiterous or felonious Offence committed by the Tenant . For a body politick dieth not , neither can perform personal service , or commit Treason , or Felony , as a single Person may . And therefore it is reasonable , that before any such Grant be made , it should be known , what prejudice it is like to work to the Granter . Of this read more in Fitzh . nat. brev. folio 221. and look Mortmain .

Ad terminum qui praeteriit , is a Writ of Entry , that lyeth in case where a man having leased Lands or Tenements for term of life or years , and after the term expired , is held from them by the Tenent , or other Stranger that occupieth the same , and deforceth the Leasour . Which Writ belongeth to the Leasour and his Heir also . Fitzh . nat. br. fol. 201.

Advent ( adventus ) is a certain space of time comprising a Month or thereabouts , next before the Feast of Christs Nativity . Wherein it seemeth that our Ancestors reposed a kind of Reverence for the neerness of that solemn Feast : so that all contentions in Law were then remitted for a season . Whereupon there was a Statute ordained , Westm. 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest , it might be lawfull in respect Justice and Charity , which ought at all times to be regarded , to take Assises of novel disseisin , mort d'auncester , and darrein presentment , in the time of Advent , Septuagesima , and Lent . This is also one of the times , from the beginning whereof unto the end of the Octaves of the Epiphany , the solemnizing of Mariages were forbidden . , by reason of a certain spiritual joy that the Church , and so consequently every Member thereof for that time , doth or ought to conceive in the remembrance of her Spouse Christ Jesus , and so abandon all affections of the flesh . See Rogation week , and Septuagesima .

Advocatione decimarum , is a Writ that lyeth for the claim of the fourth part or upward , of the Tithes that belong to any Church . Register orig. fol. 29. b.

Advow , aliâs avowe ( advocare ) commeth of the French ( advoüer , aliâs avoüer ) and signifieth as much as to justifie or maintain an Act formerly done . For example , one taketh a distress for rent or other thing , and he that is distreined , sueth a Replevin . Now he that took the Distress , or to whose use the Distress was taken by another , justifying or maintaining the Act , is said to avow . Terms of the Law . Hereof commeth advowant . Old . nat. br. fol. 43. and advowrie , eodem folio . Bracton useth the Latine word in the same signification , ( as advocatio disseifinae ) li. 4. cap. 26. And I find in Cassanaeus de consuet. Burg. pag. 1210. ( advohare ) in the same signification , and pag. 1213. the Substantive ( desavohamentum ) for a disavowing or refusal to avow .

Advowzen ( advocatio ) signifieth in our Common-law a right to present a benefice , as much as ( jus patronatus ) in the Canon-law . The reason why it is so termed , proceedeth from this , Because they that originally obtained the right of presenting to any Church , were Maintainers and Upholders , or great Benefactors to that Church , either by building or increasing it : and are thereupon termed sometime Patroni , sometime Advocati , cap. 4. & cap. 23. de jure Patronatus in Decretal . And advowzen being a bastardly French word is used for the right of presenting , as appeareth by the Statute of Westm the second , anno 13 Edw. 1. ca. 5.

Advowzen is of twosorts : advowzen in grosse , that is , sole or principal , not adhering or belonging to any Manor as parcel of the right thereof : advowzen dependant , which dependeth upon a Manor as appertinent unto it , termed of Kitchin an incident , that may be separated from the Subject . Of this M. John Skene de verbo sig. hath these words : dicitur advocatio Ecclesiae , vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam , & asserit se in eadem habere jus Patronatus , eamque esse sui quasi clientis loco , vel potiùs cùm aliquis ( nempe patronus ) advocat alium jure suo ad Ecclesiam vacantem , cumque loco alterius ( veluti defuncti ) praesentat & quasi exhibet . See Advowè next following .

Advowè , alias avowè ( advocatus ) is used for him that hath right to present to a benefice . Anno 25 Ed. 3. stat. 5. ca. unico . There have you also , ( Advowe paramount ) which is as much as the highest Patron , and is spoken of the King . Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae , ut ad Ecclesiam , nomine proprio non alieno , possit praesentare . Fleta l. 5. ca. 14. § 1. Fitzh . in his nat. br. fol. 39. useth it in the same signification . See Advowzen , and Avowè .