Revision as of 12:34, August 20, 2011

C17th legal glossary

This page provides a legal glossary to Chancery and other commercial oriented legal processes in the mid seventeenth century

== Annuity =
Variant: Annuitie
Example:

Answer

Example:

Assignment of lease

Example:

Bayle

Example: "I went to Councell & soe to Yeld hall where I caused Bayle both for y:e 15000:ll & your goods which were nallowed [?] at 3600:ll ... 25th September 1662, Letter from Elizabeth Dalyson to Sir GO

Bill of complaint

Example: "Humbly complayning showing unto yo:r Lordship"

== Charge =
Variants: Chardge; Allowable charge
Example: "had power to charge or dispose of ye said Lease"; "ye charges of renewing of ye said Lease satisffyed "; "uncharged"

Confederation

Variant; Confederacon
Example:

Consideration

Variants: Consideracion

Counterpart

Example:

Court of Chancery

Example:

The Court of Chancery was a court of equity in England and Wales, which applied loose rules of 'equity' to provide an alternative to the possible 'inequity' of the common law. The jurisdiction of the court included trusts, land law, the administration of the estate of lunatics, and the guardianship of infants.

The litigation between the Oxenden and Dallison family following the death of Elizabeth Dallison was primarily about an alleged trust or trusts held by various members of the Oxenden family and their representatives, hence it was pursued in the Court of Chancery.

See wikipedia entry on - Court of Chancery

Court of Common Pleas

Example: "according to advise remooved y:e sute up into y:e Common pleas" 25th September 1662, Letter from Elizabeth Dalyson to Sir GO

Created in the late C1th/early C13th, the Court of Common Pleas sat in Westminster Hall, as did the Court of King's Bench and the Exchequer of Pleas. The Court of Common Pleas had exclusive jurisdiction over real property. It was headed by a Chief Justice and a number of puisne justices, who were serjeants-at-law. It ceased to exist in 1873, when it was merged with the Court of King's Bench and the Exchequer of Pleas.

- Wikipedia entry on the English Court of Common Pleas

Court of the King's bench

Example:

- Sir Edward Coke (1552-1634), of the Inner Temple, was Chief Justice of the King's Bench (1613-1616), having previously been the Chief Justice of the Court of Common Pleas

See above entry on Court of Common Pleas

Court of Requests

Example: "For the benefit of Trade and Act was obtained in 1781 to establish a court or requests, for the more easy and speedy recovery of small debts under the value of forty shillings, within the city of Rochester, and the several parishes of Strood, Frindsbury, Cobham, Shorne, Higham, Cliffe, Cooling, High-Halstow, Chalk, Hoo, Burham, Wouldham, Halling, Coxstone, Chatham, Gillingham, and the Ville of Sheerness in the county of Kent." http://www.archive.org/stream/historyantiquiti00denn#page/314/mode/2up

Devise

Example: "the Bishop of Rochester devised to the said Robert Raworth ye said Bishops place & premisses for ye lives of yo:r orators mother your orator & his son"

Dispose

Example:

== Equity =
Example: "Said Mother had the legall Interest of & in the said lands & p:rmisses, or otherwise that shee had some equitable power to charge the said Lands by her said will"

Estate

Example: "temporal estate"

Indenture

Example: "indentures tripartite"

Interogatory

Example:

Jointure

Variants: Joynture
Example:

Lease

Example:

== Portion =
Variants: Porcion; Marriage portion
Example: "Said Mother demanded to have paid her one Thousand pounds for the portions of her two Daughters"

Power to dispose

Example:

Reversion

Example: "Granted the reversion of the same lands "

Trust

Variant: Trusts
Example: “the Trusts hereby lymmitted to the said Maximilian Dallison Mary Dallison and Margaret Dallison should cease”; "did acknowledge as the Trust was & is that shee had not legallTitle or Interest in the said lands"

For background information see wikipedia entry on - 'wills and trusts'

Writ of condemnation

Example: "all yoar goodes in Bretons house & in his handes & your five hundred pounds in y:e East India Comp:a was attached [could be “attacked”] by Breton, Nowell, Pearse and a writt of condemnation ready to pass" 25th September 1662, Letter from Elizabeth Dalyson to Sir GO

Writ of subpoena

Example: "his mat:ies most gratious writt or writts of Subpoena"

TERMS FOR POSSIBLE INCLUSION

Act (actings and proceedings)
Administrator
Bargain & sale (bargained and sold; contract of bargain and sale)
Beneficiary
Canon/Civil law

• Used in church courts and courts of Admiralty

Common law

• Common law not taught at universities until 1828

Common reason (dissonant to common reason)
Converted (converted to own use)
Hereditaments
Interest (interest in land; Said Mother had the legall Interest of & in the said lands & p:rmisses)
Life (lease for three lives)
Possessed (possessed and interested of and in)
Premises (lands and premisses)
Recital (as by the said recital)
Released (estate settled and released)
Rent (rent and profits; Rents issues & proffits)
Residue (of a term of a lease)
Surrender (an interest, a lease)
Value (yearly value; rent at a year)
Tenements
Unnatural

Inner Temple historical legal glossary

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