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A28468 Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq. Blount, Thomas, 1618-1679. 1670 (1670) Wing B3340; ESTC R19028 517,540 312

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Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63● Cam. Brit. pa. 160. who reckons 9284
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
32 Hen. 8. cap. 24. Were Benefices in a kinde and so termed because they were possessed by the more eminent sort of the Templers whom the cheif Master by his Authority created and called Praeceptores Templi Stephens de Jurisd lib. 4. cap. 10. num 27. Of these Praeceptories I finde sixteen recorded as anciently belonging to the Hospitalers and Templers in England viz. Cressing-Temple Balshal Shengay Newland Yeveley Witham Temple-bruere Willinghton Rotheley Ovenington Temple-Combe Trebigh Ribstane Mount S. John Temple-Newsum and Temple-burst Mon. Angl. 2 par fol. 543. Praecipe quod reddat Is a Writ of great Diversity both in its form and use for which see Ingressus and Entry This Form is extended as well to a Writ of Right as to other Writs of Entry or Possession Old Nat. Br. fol. 13. And Fitz. Nat. Br. fol. 5. And it is sometime called A Writ of Right Close when it issues out of the Court of Chancery Close sometimes A Writ of Right Patent As when it issues out of the Chancery Patent and open to any Lords Court for any of his Tenants deforced against the Deforcer and must be determined there Of which read more at large in Fitz. Nat. Br. ca. 1. Pracipe in Capite Magna Charta ca. 24. Was a Writ issuing out of the Court of Chancery for a Tenant holding of the King in Cheif as of his Crown and not of the King as of any Honor Castle or Mannor Reg. of Writs fol. 4. b. Precontract Anno 2 3 Edw. 6. ca. 23. Is a Contract made before another Contract cheifly in Relation to Marriages Predial Tithes Decimae Praediales Are those which are paid of things arising and growing from the Ground onely as Corn Hay Fruits of Trees and such like Anno 2 Edw. 6. cap. 13. See Cokes 2 Instit fol. 649. Preemption Praeemptio Was a Priviledge allowed the Kings Purveyor to have the choice and first-buying of Corn and other Provision before others for the Kings House which is taken away by Stat. 12 Car. 2. cap. 24. Prelate Praelatus We commonly understand to be an Archbishop or Bishop But thus says the Learned Spelman Praelati Ecclesiae vocantur nedum Superiores ut Episcopi sed etiam Inferiores ut Archidiaconi Presbyteri Plebani Rectores Ecclesiarum Sic enim in Bulla Privileg apud Mat. Par. in Hen. 3. sub An. 1246. Innocentius c. Universis tam Cathedralium quam aliorum Praelatis nec non Patronis Ecclesiarum Clericis laicis per Regnum Angliae constitutis salutem c. Pag. 476. Premisses See Habendum Premium Praemium A Reward or Recompence Among Merchants it is used for that sum of Money as Eight or ten per Cent. which the Ensured gives the Ensurer for ensuring the safe return of any Ship or Merchandise Anno 19 Car. 2. cap. 1. Praemunire Is taken either for a Writ so called or for the offence whereupon the Writ is granted the one may be understood by the other Heretofore the Church of Rome under pretence of her Supremacy and the Dignity of S. Peters Chair took upon her to bestow most of the Bishopricks Abbathies and other Ecclesiastical Livings of worth here in England by Mandates before they were void pretending therein a great care to see the Church provided of a Successor before it needed Whence it arose that these Mandates or Bulls were called Gratiae Expectativae or Provisiones whereof you may read a learned Discourse in Duarenus de Beneficiis lib. 3. cap. 1. These Provisions were so ri●e with us that at last King Edward the Third not disgesting so intollerable an Encroachment made a Statute in the Twenty fifth year of His Reign Stat. 5. cap. 22. and another Stat. 6. cap. 1. and a third Anno 27. against those that drew the Kings people out of the Realm to answer things belonging to the Kings Court and another Anno 28 Stat. 2. cap. 1 2. 3 4. whereby he greatly restrained this liberty of the Pope who notwithstanding still adventured to continue the Provisions in so much as King Richard the Second likewise made a Statute against them Anno 12. cap. 15. And in the Thirteenth year of His Reign cap. 2. making mention of the said first Statute of Edward the Third ratifying the same and appointing the punishment of those that offended against it to be Perpetual banishment Forfeiture of their Lands Tenements Goods and Chattels c. And again in the Sixteenth year of His Reign cap. 5. to meet more fully with all the shifts invented to avoid the former Statutes he expressed the offence more particularly and sets the same punishment to it that he ordained in the last mentioned Statute After him King Henry the Fourth in like manner aggrieved at other abuses not fully met with in the former Statutes in the second year of His Reign cap. 3. 4. adds certain new Cases and lays upon the Offenders in them the same punishment whereto I refer you as likewise to Anno 9 Ejusdem cap. 8. and 3 Hen. 5. cap. 4. and Smith de Repub. Angl. lib. 3. cap. 9. Some later Statutes do cast this punishment upon other Offenders as namely the Statute of 1 Eliz. cap. 1. upon him that denies the Kings Supremacy the second time and the Stat. 13 Eliz. cap. 2. upon him that affirms the Authority of the Pope or refuseth to take the Oath of Supremacy and the Stat. 13 Eliz. cap. 1. upon such as are Seditious talkers of the inheritance of the Crown or affirm the Queen to be an Heretick And the Stat. 13 Car. 2. cap. 1. upon such as affirm the Parliament begun at Westminster 3 Nov. 1640. is not yet dissolved or that there is any obligation by any Oath Covenant or Engagement whatsoever to endeavor a change of Government either in Church or State or that both or either House of Parliament have or hath a Legislative Power without the King And the word is applied most commonly to the punishment first ordained by the Statutes before mentioned for such as transgressed them For where it is said that any Man for an offence committed shall incur a Praemunire it is meant That he shall incur the same punishment as is inflicted on those that transgress the Stat. 16 Rich. 2. cap. 5. commonly called the Statute of Praemunire which kinde of Reference or Application is not unusual in our Statutes As to the Etymology of the word some think it proceeds from the strength given to the Crown by the former Statutes against the usurpation of forein power which opinion may receive some ground from the Stat. 25 Edw. 3. stat 6. cap. 1. But others think it grows from the Verb Praemonere being barbarously turned into Praemunire to forewarn or bid the offender take keed or from the severity or grievousness of the Punishment Of which a Reason may be gathered from the Form of the Writ in Old Nat. Br. fol. 143. Praemunire facias praefatum praepositum J. R. procuratorem