ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he 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 thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do 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 Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies 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 Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
revoked When a Parson is made Bishop there is a Cession of his Benefice by the Promotion but if the King gives him power to retain his Benefice he shall continue Parson and is said to hold it in Commendam Hob. Rep. fol. 144. Latches Rep. fol. 236 237. See Ecclesia commendata in Gloss x. Scriptor Comminalty Fr. Communauté Includes all the Kings Subjects So in Art super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre signifies all the People of England 2 Inst fol 539. Commissary Commissarius Is a Title of Ecclesiastical Jurisdiction appertaining to such a one as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City as the Chancellor cannot call the Subjects to the Bishops Principal Consistory without their too great molestation This Commissary is by the Canonists called Commissarius or Officialis foraneus Lyndwoods Provin cap. 1. And is ordained to this special end that he supply the Bishops Jurisdiction and Office in the out places of the Diocess or else in such Parishes as are peculiar to the Bishop and exempted from the Jurisdiction of the Arch-deacon For where either by Prescription or Composition Arch-deacons have Jurisdiction within their Arch-deaconries as in most places they have this Commissary is but superfluous and oft-times vexations to the people Therefore the Bishop taking Prestation Money of his Arch-Deacons yearly Pro exteriori Jurisdictione as it is ordinarily called does by super-onerating their circuit with a Commissary not onely wrong Arch-deacons but the poorer sort of Subjects much more Cowel and see 4 Inst fol. 338. Commission Commissio Is with us as much as delegatio with the Civilians and is taken for the Warrant or Letters Patent which all Men exercising Jurisdiction either ordinary or extraordinary have to authorise them to hear or determine any cause or action Of these see divers in the Table of the Reg. of Writs and see Broke tit Commission yet this word is sometimes extended farther then to Matters of Judgment as the Commission of Purveyors or Takers Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute for taking away Purveyance Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament 17 Car. 1. cap. 11. and that again explained by another Act 13 Car. 2. cap. 12. Commission of Association mentioned 18 Eliz. cap. 9. Is a Commission under the Great Seal to associate two or more learned persons with the several Justices in the several Circuits and Counties in Wales Commission of Anticipation Was a Commission under the Great Seal to collect a Subsidy before the day Anno 15 Hen 8. Cokes 12 Rep. fol. 120. Comission of Rebellion Commissio Rebellionis Is otherwise called a Writ of Rebellion and Issues when a Man after Proclamation issued out of the Chancery and made by the Sheriff to present himself under pain of his allegiance to the Court by a certain day appears not And this Commission is directed by way of command to certain persons three two or one of them to apprehend or cause to be apprehended the party as a Rebel or contemner of the Kings Laws wheresoever they finde him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned The Form of it you have in West Tract Touching proceedings in Chancery Sect. 24. Commissioner Commissionarius Is he that hath Commission as Letters Patent or other lawful Warrant to execute any Publick Office as Commissioners of the Office of Licences of Alienation West Part. 2. Symb. Tit. Fines Sect. 106. Commissioners in Eyr Anno 3 Edw. 7. cap 26. With many such like Committée Is he or they to whom the consideration or ordering of any matter is referred either by some Court or Consent of Parties to whom it belongs As in Parliament a Bill being read is either consented to and passed or denied or neither but referred to the consideration of some certain persons appointed by the House farther to examine it who thereupon are called a Committee Committee of the King West pa. 2. Symb. tit Chancery Sect. 144. This word seems to be strangely used in Kitchin fol. 160. where the Widdow of the Kings Tenant being dead is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Commoigne Fr. A Fellow-Monk that lives in the same Convent 3 Part. Instit fol. 15. Common Commune i. quod ad omnes pertinet Signifies that Soil or Water whereof the use is common to this or that Town or Lordship as Common of Pasture Commune Pasturae Bracton lib. 4. cap. 19. 40. Commun of Fishing Commune Piscariae Idem lib. 2. cap. 34. Common of Turbary Commune Turbariae i. Of digging Turves Idem lib. 4. cap. 41. Common of Estovers Commune Estoveriorum Kitchin fol. 94 c. Common is divided into Common in Gross Common Appendant Common Apportenant and Common per cause de Vicinage i. By reason of Neighborhood Common in Gross Is a liberty to have Common alone that is without any Land or Tement in another Mans Land to himself for life or to him and his heirs and it is commonly passed by Deed of Grant or Specialty Old Nat. Br. fol. 31. 37. Common Appendant and Common Appurtenant are in a manner confounded as appears by Fitz. Nat. Br. fol. 180. And are defined to be a Liberty of Common Appurtaining to or Depending on such or such a Freehold which Common must be taken with Beasts Commonable as Horses Oxen Kine and Sheep being accounted fittest for the Ploughman and not of Goats Geese and Hogs But some make this difference That Common Appurtenant may be severed from the Land whereto it pertains but not Common Appendant which according to Sir Edw. Coke lib. 4. fol. 37. had this beginning When a Lord enfeoffed another in Arabic Lands to hold of him in Soccage the Feoffce to maintain the service of his Plough had at first by the Curtesie or Permission of the Lord Common in the Wastes of his Lord for his necessary Beasts to ear and compost his Land and that for two Causes one for that as then it was taken it was tacitly implied in the Feoffment by reason the Feoffee could not Till nor Compost his Land without Cattle and Cattle could not be sustained without Pasture and so by consequence the Feoffee had as a thing necessary and incident Common in the Wastes and Land of the Lord. And this appears by the ancient Books Temp. Ed. 1. tit Common 24. and 17 Edw. 2. tit Common 23. and 20 Edw. 3. tit Admeasurement 8. and by the rehearsal of the Statute of Merton cap. 4. The second reason was for maintenance and advancement of Tillage which is much regarded and favored by the Law Common per cause de Vicinage i. Common by reason of Neighborhood Is
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
as well as in other Lords Of which I finde mention in the Statute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy or rather from a more ancient Original viz. The Feodal Laws For in the Grand Custumary cap. 35. you have a Tractat entituled 〈◊〉 aides Chevelz i. De auxiliis capitalibus whereof the first is A faire Paine filz de son seigneur Chevalier i. To make the eldest son Knight The second Son ainee fille marier i. To marry the eldest daughter c. Both these and all charges incident thereunto are taken away and discharged by Statute 12 Car. 2. cap. 24. This word Aid is also particularly used in Matter of Pleading for a Petition made in Court for the calling in of help from another that hath an interest in the Cause in question and is likely to give strength both to the party that prays in Aid of him and also to avoid a prejudice growing toward his own right if not prevented But this course of proceeding is of late much disused Fitz-Herbert mentions both Prier in Ayde and Prier Ayde de Patron c. Auxilium petere à patrono Nat. Br. fol. 50. d. And the New Book of Entries verbo ayde de parcener fol. 411. col 4. The word is also found in 13 Rich. 2. cap. 17. This Ayd-prier or Aid-prayer is sometime also used in the Kings behalf that there be no proceeding against him till his Council be called and heard what they can say for avoiding the Kings prejudice or loss in the cause in hand Also a City or Borough that hath a Fee-Farm of the King may pray in Ayd of him if any thing be demanded of them relating thereto Of this you may read the Statute De Bigamis An. 4 Edw. 1. cap. 1. 2 3. 14 Edw. 3. Stat. 1. cap. 14. 19 Car. 2. cap. 8. Vide Resceit Aile of the Fr. aieul i. avus signifies a Writ that lies where the Grand-father or great Grand-father called by us Besaile but in true French Bisaycul was seised of any Land or Tenement in Fee-simple the day he died and a Stranger abateth or enters the same day and dispossesseth the Heir Fitz. Nat. Br. fol. 222. See Plowden fol. 449. b. Airie of Hawks See Aerie Alba firma Census annalis qui Centenario sive Domino Hundredi penditur Ideo alba dicta quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit hoc est census vel firma nigra sed argento quasi censu albo reddebatur Spelman Duplex est tenura in Com. Westmerland scil una per Albam firmam alia per Cornagium c. 2 Part. Inst fol. 10. Alderman Sax. Ealdorman i. Senior Was among the Saxons as much as Earl among the Danes Camb. Brit. fol. 107. Also an Elder Senator or Statesman At this day we call them Aldermen who are associates to the Civil Magistrate of a City or Town Corporate 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word where you shall finde that we had here anciently a title of Aldermannus totius Angliae Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus totius Angliae Aldermannus hujus sacri Caenohii i. Ramesien miraculosus Fundator Alepiman alepimannus Omnis Alepiman de tota Soca de Hecham debet singulis annis unum Denarium de Chevagio operabitur per tres Dies in antumpno exceptis illis qui ab hac servitute liberi sunt Consuetudinar de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepimannos istos mancipia fuisse Chevagii enim solutio servitutis judicium est Spelman Aler sans jour Fr. Is verbatim to go without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 104 Ale-silver A Rent or Tribute yearly paid to the Lord Major of London by those that sell Ale within the City Antiq. of Purveyance fol. 183. Aletaster Is an Officer appointed in every Court Leet and sworn to look to the Assize and goodness of Bread and Ale or Beer within the Precincts of that Lordship Kitchin fol. 46. where you may see the Form of his Oath Alias vide Capias alias Alien alienare signifies to transfer the property of any thing to another person To Alien in Mortmain is to make over Lands or Tenements to a Religious House or other Body Politick See Mortmain To alien in Fee is to sell the Fee-simple of any Land or Tenements or of any Incorporeal right Westm 2. cap. 25. Anno 13 Edw. 1. Alien alienus One born in a strange Countrey It is usually taken for the contrary to Denizen or a natural subject that is a stranger never here enfranchised Brook Denizen 4 c. Yet a man born out of the Land so it be within the limits of the Kings obedience beyond the Seas or of English Parents out of the Kings obedience so the Parents at the time of the Birth be of such obedience is no Alien in account but a Subject to the King Stat. 2. 25 Edw. 3. commonly called the Statute De natis ultra mare Also if one born out of the Kings alleagiance come and dwell in England his Children begotten here are not Aliens but Denizens See Denizen Alimony alimonia Nourishment maintenance But in a modern legal sence it signifies that portion or allowance which a married Woman sues for upon any occasional separation from her Husband wherein she is not charged with Elopement or Adultery This Alimony was anciently expressed by rationabile estoverium for reasonable maintenance Rex Vic. Bucks salutem Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire qui excommunicatus est eo quod praedictam Emmam affectione maritali non tractat eidem Emmae rationabile estoverium suum invenias donec idem Laurentius vir suue eam tanquam uxorem suam tractaverit ne iteratus clamor ad nos inde perveniat T. 29 Aug. Anno Regni nostri 7. Rot. Claus 7. Hen. p. 1. m 3. Allay Fr. Is used for the temper or mixture of other Metals with Silver or Gold Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is with a baser metal to augment the weight of the Silver or Gold so much as may countervail the Princes charge in the Coyning and to make it the more fusile Anto. Faber de Nummariorum debitorum solutionibus cap. 1. Anno 4 Hen. 7. cap. 2 Allocation allocatio A placing or adding unto also allowance made upon an account used in the Exchequer Allocatione facienda Is a Writ directed to the Lord Treasurer and Barons of the Exchequer upon a Complaint of some Accomptant commanding them to allow him such sums as he hath by vertue of his Office lawfully and reasonably expended Register of Writs fol. 206. b. Allodium See Fee Alluminor
the Arrentations Is saving power to give such Licences for a Yearly Rent Arrest Fr. a stop or stay and is metaphorically used for a Decree or Determination of a Cause debated or disputed pro and con as Arrest du Senat. i. Placitum Curiae with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice and a Man stopped staid or apprehended for Debt c. is said to be Arrested which may be called The beginning of Imprisonment To move or plead in Arrest of Judgment is to shew cause why Judgment should be staid notwithstanding the Verdict be given To plead in Arrest of taking the Enquest upon the former Issue is to shew cause why an Enquest should not be taken c. Brook tit Repleader For preventing Arrests of Judgments see the Statute 16 17 Car. 2. cap. 8. Arrestandis bonis ne dissipentur Is a Writ which lies for him whose Cattle or Goods are taken by another who during the controversie doth or is like to make them away and will hardly be able to make satisfaction for them afterward Register of Writs fol. 126. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars and hides himself when he should go Register of Writs fol. 24. b. Arresto facto super bonis mercatorum alienigenorum c. Is a Writ which lies for a Denizen against the Goods of Strangers of any other Countrey found within this Kingdom in recompence of Goods taken from him in that Countrey after he hath been denied restitution there Register of Writs fol. 129 a. This among the Ancient Civilians was called Clarigatio now barbarously Reprisalia Arretted arrectatus quasi ad rectum vocatus That is convented before a Judge and charged with a crime It is sometimes used for imputed or laid unto as no folly may be arretted to one under age Littleton cap. Remitter Chaucer useth the Verb Arretteth i. Layeth blame as it is interpreted Bracton says Ad rectnm babere Malefactorem i. To have the Malefactor forth coming so as he may be charged and put to his Tryal Lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis charged with the death of a Man Arrura Hoc Scriptum factum apud Sutton Courtenay 20 Dic Dec. 4 Edw. 3. Inter Dominum Hugonem de Courtenay ex parte una Ric. de Stanlake Johannam uxorem ejus ex altera testatur quod idem Dominus Hugo in excambium remisit eisdem Ricardo Johannae omnimoda opera VIZ. Arruras Messiones Cariagia alia quaecunque opera Et ipsi non dabunt Medfee c. Penes Tho. Wollascot de Sutton praedict Ar. q. If not here used for Ploughing and Harrowing Arthel An. 26 H. 8. cap. 6. And that no person or persons shall hereafter at any time cast any thing into any Court within Wales or in the Lordships Marchers of the same by the mean or name of an Arthel by reason whereof the Court may be letted disturbed or discontinued for that time upon pain of c. Is a British word and is more truly written Arddelw which the Southwales men write Arddel and signifies according to Dr. Davies Dictionary Astipulari Asserere Vindicare Assertio Vindicatio Anglicè Avouch Example O delir Dyn ' ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon i fwrw ei ledrad oddiwrtho i. It a Man be taken with stoln Goods in his hands he must be allowed a lawful Arddelw Vouchee to cleer him of the Felony Which is part of the Law of Howel Dda but probably was so abused in Henry the Eighths time by the delay of or exemption of Felons and other Criminals from Justice that provision by this Statute was made against it Thus explicated by the Learned Meredith Lloyd Esquire Articles of the Clergy Articuli Cleri Are certain Statutes made touching Persons and Causes Ecclesiastical Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3. Assart Fr. Essarter to glade or make Glades in a Wood to make Plain to Grub up or clear a ground of Bushes Shrubs c. Is according to Manwood cap. 9. numb 1. an offence committed in the Forest by plucking up those Woods by the Roots which are Thickets and Cover for the Deer and by making them plain as arable Land which is the greatest Offence or Trespass that can be done in the Forest to Vert or Venison containing as much or more then Waste For whereas Waste of the Forest is but the Felling and Cutting down the Coverts which may grow again Assart is a Plucking them up and Destroying them which is confirmed out of the Red Book in the Exchequer in these words Assarta verò occasiones nominantur quando Forestae nemora vel Dumeta pascuis latibulis ferarum oportuna succiduntur Quibus succisis radicitus avulsis terra subvertitur excolitur And again out of Register of Writs fol. 257. in the Writ Ad quod Damnum sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest and to make it several for Tillage So that it is no offence if done with Licence To this Bracton may be added Lib. 4. cap. 38. who saith That these words Boscus efficitnr Assartum signifie as much as Redactus ad culturam Of this you may read more in Cromp. Jursid fol. 203. and in Charta de Foresta Anno 9 Hen. 3. cap. 4. where it is written Assert not Assart And in Manwood part 1. pag. 171. That which we call Assartum is elswhere termed Disboscatio Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First to the Abbot of Rames Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19. Et quibusdam Sartis quae sartaverunt homines ipsius Ecclesiae c. Assart was also anciently used for a parcel of Land assarted as appears by this Charter of Roger Earl of Mortimer Sciant praesentes futuri quod ego Rogerus de Mortuo mare Dedi concessi Ade Pistori pro servitio suo tresdecem acras terrae super Mughedone inter pratum quod fuit Petri Budelli viam quae vadit per medium Mughedone Dedi etiam eidem Ade Duo Asarta en la Hope quae appellantur Ordrichesruding Aldicheruding in quibus Asartis continentur quinque acrae ad eandem mensuram tresdecem acrarum super Mughedone Ad tenendum de me haeredibus meis sibi haeredibus suis in feo do haereditate libere quiete Reddendo inde annuatim mihi haeredibus meis ille haeredes sui duos solidos ad Festum Sancti Michael pro omni servitio salvo servitio Domini Regis Ut autem haec mea Donatio concessio firma sit stabilis eam hac cartā meā
fourth and last manner is Assise of Right of Damages that is when the Tenant confessing an Ouster and referring it to a Demurrer in Law whether it were rightly done or not is adjudged to have done wrong For then shall the Demandant have a Writ to recover damages called an Assise to recover damages as also the whole Process Assise is further taken for the Court place or time when and where the Writs and Processes of the Assise are handled or taken And in this signification Assise is general as when the Justices go their several Circuits with their Commission to take all Assises twice in the year that is called the General Assise It may likewise in this signification be special as if an especial Commission be granted to certain persons as was often done in ancient time Bracton lib. 3. cap. 11. for taking an Assise upon one Disseisin or two this would be called a Special Assise And in this very signification Glanvile uses it Lib. 9. cap 12. See Cokes 4 Inst fol. 158. Concerning the General Assise in the most usual signification thus the Learned Sir Fr. Bacon ALl the Counties of this Realm says he are divided into six Circuits and two Learned Men are assigned by the Kings Commission to every Circuit who ride twice a year through those Shires allotted to that Circuit these we call Justices or Judges of Assise who have five several Commissions by which they sit The first is a Commission of Oyer and Terminer directed to them and many others of the best account in their Circuits But in this Commission the Judges of Assise are of the Quorum so as without them there can be no proceeding This Commission gives them power to deal with Treasons Murders and all manner of Felonics and Misdemeanors and this is their largest Commission The second is of Goal Delivery and that onely to the Judges themselves and the Clerk of the Assise Associate by this Commission they are to deal with every Prisoner in Goal for what offence soever he be there The third Commission is directed to themselves onely and the Clerk of Assise to take Assises by which they are called Justices of Assise and the Office of these Justices is to do right upon Writs called Assise brought before them by such as are wrongfully thrust out of their Lands The fourth Commission is to take Nisi Prius directed to none but the Judgee themselves and their Clerks of Assises by which they are called Justices of Nisi Prius The fifth is a Commission of Peace in every County of their Circuit And all the Justices of Peace having no lawful impediment are bound to be present at the Assises to attend the Judges as occasion shall fall out if any make default the Judges may set a Fine upon him at their pleasure and discretions The Sheriff of every Shire is also to attend in person or by a sufficient Deputy allowed by the Judges who may Fine him if he fail c. See more in Sir Fr. Bacons Use of the Law fol. 13. usque 21. Assisa Continuanda Is a Writ directed to the Justices assigned to take an Assise for the continuance of the Cause in case where certain Records alleaged cannot in time be procured by the party that would use them Reg. of Writs fol. 217. Assisa Proroganda Is a Writ directed to the Justices of Assise for stay of proceeding by reason of the Kings business wherein the party is employed Reg. of Writs fol. 208 221. Assisors assisores sunt qui Assisas condunt aut taxationes imponunt Spelman In Scotland according to Skene they are the same with our Jurors and their Oath is this We shal leil suith say And na suith conceal far na thing we may Sa far as we are charg'd upon this Assise Be God himself and be our part of Paradise And as we wil answear to God upon The Dreadful day of Dome Association associatio Is a Patent sent by the King either of his own motion or at the suit of the Plaintiff to â—ustices appointed to take Assises of Novel Disseisin or of Oyer and Terminer c. to take others unto them as Fellows and Collegues in that affair The examples and sundry uses hereof you may finde in Fitz-Nat Br. fol. 185 111. But more particularly in Reg. of Writs fol. 201 206 223. Assoile absolvere Signifies to deliver pardon or set free from an Excommunication Stamf. Pl. Cor. fol. 72. to this effect otherwise the Defendant should remain in prison till the Plaintiff were assoiled that is delivered from his Excommunication So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third it is added Whom God assoil Henric. Duc de Lancastre Count de Leicestre de Derby de Senescal Dengletre A touts ceux que ceste endentnre verront ou orront salut en Dieu Come nostre chere bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy a ses Heirs du don Feofment nostre tres honore Seigneur pere que Dieu assoile c. Dat. 30 Edw. 3. Assumpsit from Assumo Is a voluntary promise made by word whereby a man assumes or takes upon him to pay or perform any thing to another This word comprehends any verbal promise made upon consideration which the Civilians express diversly according to the nature of the promise calling it sometimes Pactum sometimes Promissionem Pollicitationem or Constitutum Astrihilthet or Atrihilthet Sax. Hi qui pacem Regis habent vel manu vel brevi ei fideles existant Qui si nimis confidens in pace quam habet per superbiam alicui forisfecerit damnum restauret iterum tantundem quod Angli vocant Astrihilthet LL. divi Edwardi cap. 30. See Hovedon pag. 606. Atia See Odio Atia At large See Verdict at large Littl. fol. 98. To vouch at large Old Nat. Br. fol 108. To make title at large Kitchin fol. 68. See Bar. Attache attachiare From the Fr. attacher i. figere nectere alligare Signifies to take or apprehend by Commandment or Writ Lamb. in his Eiren. lib. 1. cap. 16. makes this difference between an Arrest and an Attachment that an Arrest proceeds out of an Inferior Court by Precept and an Attachment out of higher Courts by Precept or Writ and that a Precept to Arrest hath these formal words Duci facias c. And a Writ of Attachment these Praecipimus tibi quod attachies talem habeas cum coram nobis c. Whereby it appears that he who Arrests carries the party Arrested to another higher person to be disposed of forthwith he that attacheth keeps the party attached and presents him in Court at the day assigned in the Attachment Yet an Attachment sometimes issues out of a Court Baron which is an Inferior Court
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâ—d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
to the Hundred of Egerdon This in ancient Records is called Certum Letae See Common Fine Certificat Lat. Is used for a Writing made in any Court to give notice to another Court of any thing done therein For example a Certificat of the cause of Attaint is a Transcript made briefly by the Clerk of the Crown Clerks of the Peace or of Assise to the Court of Kings Bench containing the Tenor and Effect of every Indictment Outlary or Conviction or Clerk attainted made or pronounced in any other Court Anno 34 H. 8. cap. 14. Broke fol. 119. Certification of Assise of Novel Disseisin c. Certificatio Assisae novae Disseisinae c. Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices Of which see Reg. of Writs f. 200. And the New Book of Entries verbo Certificat of Assise This is used when a Man appearing by his Bailiff to an Assise brought by another hath lost the day and having something more to plead for himself as a Deed of Release c. which the Bailiff did not or might not plead for him desires a farther examination of the cause either before the same Justices or others and obtains Letters Patent to them to that effect The Form of which Letters see in Fitz. Nat. Br. fol. 181. and that done brings a Writ to the Sheriff to call both the party for whom the Assise passed and the Jury that was empaneld on the same before the said Justices at a certain day and place And it is called a Certificat because therein mention is made to the Sheriff that upon the parties complaint of the Defective Examination or Doubts yet remaining upon the Assise paâ—sed the King hath directed His Letters Patent to the Justices for the better certifying themselves whether all Points of the said Assise were duly examined Of this read Bracton lib. 4. cap. 19. num 4. and Horns Mirror lib. 3. Certificando de recognitione Stapulae Is a Writ directed to the Major of the Staple c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him in case where the party himself detains it and reâ—use h 〈…〉 bring it in Reg. of Writs fol. 152. b. The like may be understood of Certificando de Statuto Mercatorio fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis fol. 195. And Certificando quando Recognitio c. And Certificando quid actum est de brevi super Statutum Mercatorium fol. 151. And Certificando si loquela Warrantiae fol. 13 Certiorari Is a Writ issuing out of the Chancery to an Inferior Court to call up the Records of a Cause there depending that conscionable Justice may be done therein upon complaint made by Bill that the party who seeks the said Writ hath received hard dealing in the said Court See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register both Original and Judicial in the Tables verbo Certiorari Crompton in his Justice of Peace fol. 117. says This Writ is either returnable in the Kings Bench and then hath these words Nobis mittatis or in the Chancery and then hath in Cancellaria nostra or in the Common Bench and then Justiciariis nostris de Banco Cessavit Is a Writ that lies in divers Cases as appears by Fitz. Nat. Br. fol. 280. Upon this general ground i. That he against whom it is brought hath for two years neglected to perform such Service or to pay such Rent as he is tied to by his tenure and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained See Fleta lib. 5. cap. 34. sect visa sunt See Cessavit de Cantaria Cessavit de feodi firma Cessavit per biennium in Reg. of Writs fol. 237 238. And New Book of Entries verbo Cessavit It lies not but for Annual Service as â—eat and such like not for Homage or Fealty Cesses Anno 22 Hen. 8. cap. 3. Seems to signifie Assessments or Taxes Cesse or Ceasse in Ireland is an exaction of Provision of Victuals at a certain rate for the Deputies Family and the Soldiers in Garison Sir Rich. Bakers Chron. fol. 376. Cession Cessio A ceasing yielding up or giving over Si un Farson ou Dean en Angliterre prist un Evesquery en Ireland ceo fait le primier Esglise void per Cession Latches Rep. fol. 234. Ratione vacationis Prioratus praedicti per Cessionem Fratris Rogeri de Wellington ultimi Prioris c. Claus 13 Edw. 3. pag. 1. m. 38. Cessor Lat. A loyterer or idle fellow but we use it for him who ceaseth or neglects so long to perform a duty belonging to him as he thereby incurs the danger of Law and is liable to have the Writ Cessavit brought against him Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth without any more words is to be understood that the Tenant ceaseth to do what he ought or is bound to do by the Tenure of his Lands or Tenement Cessure or Cesser Is also used for a ceasing giving over or departing from Westm 2. cap. 41. Cestui qui vie in true French Cestui a vie de qui Is he for whose life any Land or Tenement is granted Perkins tit Grants 97. Cestui que use an Abstract of the Fr. Cestui al use de qui Is an usual phrase signifying him to whose use any other Man is enfeoffed in any Lands or Tenements See the New Book of Entries verbo Uses And in Replevin fol. 508. colum 3. and verbo Trespass fol. 606. and fol. 123. a b. col 3. num 7. Anno 1 Rich. 3. cap. 1. and Coke lib. 1. fol. 133. Anno 12 Car. 2. cap. 30. Cestui qui trust Is he who hath a trust in Lands or Tenements committed to him for the benefit of another Anno 12 Car. 2. cap. 30. Chafewax Is an Officer in Chancery that fits the Wax for the Sealing of the Writs and such other Instruments as are there made to be issued out So in France Calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chaffers Anno 3 Edw. 4. cap. 4. Seem to signifie Wares or Merchandize for Chaffering is yet used for buying and selling Chaldron or Chalder of Coals Contains Thirty six Bushels heape up and according to the Bushel sealed for that purpose at Guildhal in London Annis 16 17 Car. 2. cap. 2. It is written Chawdren Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud i. hot Challenge from the Fr. Chalenger i. sibi asserere Is used for an Exception taken either against persons or things Persons as in Assise to the Jurors any one or more of them or in case of Felony by the Prisoner at the Bar Bracton lib. 2. tract 2. cap. 22. Things as against a Declaration Old Nat. Br. fol. 76. Challenge
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
ordinary Yeomen and Huissiers belonging either to His Majesty the Queen or Prince either giving leave or allowing their Absences or Defects in attendance or diminishing their Wages for the same He also nigntly by himself or Deputy takes the view of those that are to watch in the Court and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy and mentioned Anno 19 Car. 2. cap. 1. Clerk Marshal of the Kings House Seems to be an Officer that attends the Marshal in His Court and Records all His proceedings Anno 33 Hen. 8. cap. 12. Closh Was an unlawful Game forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins elswhere called Closh-cayls Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game which is still used by idle persons in Lincolns-Inn Fields and now called The Wheel of Fortune wherein they turn about a thing like the Hand of a Clock in Fr. Cloche Clove Is the Two and thirtieth part of a Weigh of Cheese i. Eight pound An. 9 Hen. 6. cap. 8. See Waga Cocherings An Exaction or Tribute in Ireland See Bonaght Cocket or Coket Cokettum Is a Seal belonging to the Kings Custom-house Reg. of Writs fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants as a Warrant that their Merchandises are customed Anno 11 Hen. 6. cap 16. Which Parchment is otherwise called Literae de Coketto or Literae testimoniales de Coketto Reg. fol. 179. a. So is the word used Anno 5 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted but in the name of him to whom the Wools be Anno 13 Rich. 2. cap. 9. Coket Is also used for a distinction of Bread in the Statute of Bread and Ale made 51 Hen. 3. The words are When a quarter of Wheat is sold for xii d then Wastel-Bread of a Farthing shall weigh vi 1. and xvi s but Bread-Cocket of a Farthing of the same Corn and Bultel shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price shall weigh more then Wastel by v s. Bread made into a Simnel shall weigh ii s. less then Wastel Bread made of the whole Wheat shall weigh a Cocket and a half so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels and Bread of Common Wheat shall weigh two great Cockets When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing White and well-baked shall weigh iv l x s. when for ii s iii l. viii s. c. By which we may perceive that Wastel-Bread was the finest Cocket-Bread next then Bread of Treet and lastly Bread of Common Wheat as we now call the finest Bread Wheaten or French Bread the second sort White Bread the third Brown or Houshold Bread c. Codicil Codicillus A Schedule or Supplement to a Will or some other Writing some Writers conferring a Testament and a Codicil together call a Testament a great Will and a Codicil a little one and compare a Testament to a Ship and the Codicil to the Boat tied to the Ship Codicil is used as an addition annexed to a Testament when any thing is omitted which the Testator would add explain alter or retract and is the same with a Testament but that it is without an Executor Sec Swinb pag. 1. sect 5. and Touchstone of Wills pag. 21 22. Coffée Anno 15 Car. 2 cap. 11 A kinde of drink brought hither from the Turks and Persians black thick and bitter distrained from Berries of that nature and name yet thought to be good and wholesome Cofferer of the Kings Houshold Is a Principal Officer of the Court next under the Comptroller who in the Counting-House and elswhere hath a special charge and over-sight of other Officers of the Houshold for their good demeanor and carriage in their Offices and pays their wages This Officer is mentioned Anno 39 Eliz. cap. 7. Cogs Cogones Seems to be a kinde of Vessel or Boat upon the River of Ouse and Water of Humber mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship For I finde in Matth. Westm Anno Dom. 1066. Venit ad hoc in Angliam Rex Noricorum trecentis Coggonibus advectus Cognatione See Cosenage Cognisor See Conisor Cognitionibus Mittendis Is a Writ to a Justice or other that hath power to take a Fine who having taken it defers to certifie it into the Court of Common Pleas commanding him to certifie it Reg. of Writs fol. 68. b. Cognizance Fr. Cognisance i. cognitio Is used diversly sometimes signifying the Badge of a Waterman or Serving-Mans Sleeve which is commonly the givers Crest whereby he is discerned to belong to this or that Noble or Gentleman Sometimes an acknowledgment of a Fine or Confession of a thing done as Cognoscens latro Bract. lib. 3. tract 2. cap. 3. 20 32. And to make Cognizance of taking a Distress Sometimes as an audience or hearing a matter judicially as to take Cognizance Sometimes a Power or Jurisdiction as Cognizance of Plea is an ability to call a Cause or Plea out of another Court which no Man can do but the King except he can shew Charters for it Manw. par 1. pag. 68. For such Cognizance lies not in Prescription Cogware Seems to be a sort of Course Cloaths made in the North of England mentioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen that is Buyyers of Makers or Dealers in such Cogware Coif Coifa Fr. Coiffe Our Serjeants at Law are otherwise called Serjeants of the Coif from the Lawn Coif they wear on their Heads under their Cap when they are created and always after See Serjeant Coin Fr. Coign i. Angulus which probably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered and not round any sort of Money coyned Cromp. Just of P. fol. 220. Coinage Besides the general signification relating to Money It is says Camden by a Law provided That all the Tin in Cornwal after it is cast and wrought shall be weighed and signed with a stamp which is called Coynage Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage Coket See Cocket Coliberts Colliberti Sunt tenentes in libero Soccagio M. S. Or such as of Villains were made Freemen Collateral Collateralis Side-wise or which hangs by the side or comes in side-wards not direct As Collateral Assurance is that which is made over and beside the Deed it self as If a Man covenant with another and enter Bond for performance of his Covenant the Bond is termed Collateral Assurance because it is external and without the
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagâ—a Coraagia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta c. Cord of Wood Ought to be eight foot long four foot broad and four foot high by Statute Cordage Fr. Is a general application for Stuff to make Ropes and for all kinde of Ropes belonging to the Rigging of a Ship Mentioned 15 Car. 2. cap. 13. Seamans Dictionary Cordiner vulgarly Cordwaner From the Fr. Codovannier a Shoo-maker and is so used in divers Statutes as 3 Hen. 8. cap. 10. 5 Ejusdem cap. 7. and others Cornage Cornagium from Cornu a Horn Was a kinde of Grand Serjeanty the service of which Tenure was to blow a Horn when any Invasion of the Scots was perceived And by this many Men held their Land Northward about the Picts-wall Camd. Britan. pag. 609. and Littleton fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage Sir Edward Coke on Littl. fol. 107. says Cornage is also called in old Books Horngeld but quaere for they seem to differ much See Horngeld and 2 Inst fol. 9. Corner-Tile See Gutter-Tile Corody or Corrody Corrodium from Corrodo Signifies a sum of Money or allowance of Meat Drink and Cloathing due to the King from an Abbey or other House of Religion whereof he is Founder towards the reasonable sustenance of such a one of his servants or vadelets as he thinks good to bestow it on The difference between a Corody and a Pension seems to be That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey a Pension is given to one of the Kings Chaplains for his better maintenance till he may be provided of a Benefice Of both these read Fitzh Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain that any Abbey when they stood was bound to perform to the King Corody seems to be ancient in our Law for in Westm 2. cap. 25. it is ordained that an Assisc shall lie for a Corody It is also apparent by the Stat. 34 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries Tenure in Frankalmoin was a discharge of all Corodies in it self Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst fol. 630. SCiant quod nos Radulphus Abbas Monasterii S. Johannis de Haghmon ejusdem loci Conventus ad instanciam speciale rogatum excellentissimi reverendissimi Domini nostri Thomae Comitis Arundeliae Surreiae Dedimus Roberto Lee unum Corrodium pro termino vitae suae essendo cum Abbate Monasterii praedicti Armigerum cum uno Garcione duobus equis capiendo ibidem esculenta poculenta sufficientia pro scipso sicut Armigeri Abbatis qui pro tempore fuerint capiunt percipiunt pro Garcione suo sicut Garciones Abbatis Armigerorum suorum capiunt percipiunt capiendo etiam pro equis suis foenum praebendam Et quod idem Robertus habeat vesturam Armigerorum c. Dat. 3 Hen. 5. Mon. Angl. 2 par fol. 933. a. Corodio Habendo Is a Writ whereby to exact a Corody of an Abbey or Religious House See Reg. of Writs fol. 264. Coronatore Eligendo Is a Writ which after the death or discharge of any Coroner is directed to the Sheriff out of the Chancery to call together the Freeholders of the County for the choice of a new Coroner to certifie into Chancery both the election and the name of the party elected and to give him his Oath See Westm 1. cap. 10. Fitzh Nat. Br. fol. 163. and Reg. of Writs fol. 177. Coroner Coronator a Corona Is an ancient Officer of this Land for mention is made of his Office in King Athelstans Charter to Beverley Anno 925. and is so called because he deals wholly for the King and Crown There are four of them commonly in every County in some fewer and in some Counties but one they are chosen by the Freeholders of the same by the Kings Writ and not made by Letters Patent Crompt Jurisd fol. 126. This Officer by the Statute of Westm 1. cap. 10. ought to be a sufficient person that is the most wise and discreet Knight that best would and might attend upon such an Office yea there is a Writ in the Register Nisi sit Miles fol. 177. b. whereby it appears it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings Rent of Freehold The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he abodes Lib. Assisarum fol. 49. Coke lib. 4. Case of Wardens c. of the Sadlers fol. 57. b. His Office especially concerns the Pleas of the Crown But what anciently belonged to him read at large in Bracton lib. 3. tract 2. cap. 5 6 7 8. Britton cap. 1. Fleta lib. 1. cap. 18. and Horns Mirror lib. 1. cap. del Office del Coroners But more aptly for the present times Stamf. Pl. Cor. lib. 1. cap. 51. There are also certain special Coroners within divers Liberties as well as these ordinary Officers in every County as the Coroner of the Verge which is a certain compass about the Kings Court whom Cromp. in his Jurisd fol. 102. calls the Coroner of the Kings House of whose Authority see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Colledges and Corporations they are licensed to appoint their Coroner within their own Precincts Of this Office see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coroners Office in Scotland read Skene verbo Iter. Corporal Oath See Oath Corporation Corporatio A Body Politick or a Body Incorporate so called because the persons are made into a Body and of capacity to take and grant c. And this Body Politick or Incorporate may commence and be established three manner of ways viz. By Prescription by Letters Patent or by Act of Parliament Every Body Politick or Corporate is either Ecclesiastical or Lay Ecclesiastical either Regular as Abbots Priors c. or Secular as Bishops Deans Arch-Deacons Parsons Vicars c. Lay as Major Commonalty Bailiffs and Burgesses c. Also every Body Politick or Corporate is either Elective Presentative Collative or Donative And again it is either sole or aggregate of many which last is by the Civilians called Collegium or Universitas Coke on Littl. fol. 250. and 3 Inst fol. 202. Corpus Christi day being always on the next Thursday after Trinity Sunday Is a Feast instituted by the Church in honor of the Blessed Sacrament To which also a College in Oxford is dedicated It is mentioned in 32 Hen. 8. cap.
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
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
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
the Lands or Tenements of one bound by Statute c. that has forfeited his Bond to such an indifferent rate as by the yearly rent the Creditor may in time be paid his Debt The course and circumstances of this see in Fitz. Nat. Br. fol. 131. Extendi facias Is ordinarily called a Writ of Extent whereby the value of Lands is commanded to be made and levied in divers cases which see in the Table of the Register of Writs Extent Extenta Sometimes signifies a Writ or Commission to the Sheriff for the valuing of Lands or Tenements Sometimes the Act of the Sheriff or other Commissioner upon this Writ Broke tit Extent fol. 313. An. 16 17 Car. 2. ca. 5. Extinguishment from Extinguo Signifies an effect of consolidation For example if a Man have a yearly rent due to him out of my Lands and afterwards purchase the same Lands now both the property and rent are consolidated or united in one possessor and therefore the rent is said to be extinguished So where a Man has a Lease for years and afterwards buys the property this is a consolidation of the property of the Fruit and an Extinguishment of the Lease And if there be Lord Mesn and Tenant and the Lord purchase the Tenancy then the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as rent-seck Terms ley Extirpatione Is a Writ judicial that lies against him who after a Verdict found against him for Land c. does maliciously overthrow any House or extirpate any Trees upon it And it is two-fold one ante judicium the other post judicium Reg. judicial fol. 13. 56. 58. Extortion Extortio Is an unlawful or violent wringing of Money or Money-worth from any Man For example if an Officer by terrifying another in his Office take more then his ordinary Fees or Duties he commits and is Inditeable of this offence To this in Wests Judgment may be refer'd the exaction of unlawful Usury winning by unlawful games and in one word all taking of more then is due by color or pretence of right as excessive Toll in Milners excessive prizes of Alc Bread Victuals Wares c. Part 2. Symb. tit Inditements Sect. 65. Manwood Part 1. pa. 216. sayes Extortion is colore Officii not virtute Officii Crompton in his Justice of Peace fol. 8. sayes to this effect Wrong done by any Man in properly a Trespass but excessive wrong is called Extortion and this is most properly in Sheriffs Mayors Bailiffs and other Officers whatsoever who by color of their Office work great oppression and wrong to the Kings Subjects in taking excessive Rewards or Fees for executing their Office In the same Author fol. 48. you may see great diversity of Cases touching Extortion See also 3 Part. Inst fol. 149. Extracts See Estreats Eyre See Eire Eyet Insuletta A little Island I have seen it corruptly written in some modern Conveyances Eyght F. F. He that shall maliciously strike any person with a Weapon in Church or Church-yard or draw any Weapon there with intent to strike shall have one of his Ears cut off and if he have no Ears then shall be marked on the Cheek with a hot Iron having the Letter F. whereby he may be known for a Fray-maker or Fighter Anno 5 6 Edw. 6. ca. 4. Fabrick-Lands Are lands given towards the maintenance rebuilding or repair of Cathedrals or other Churches and mentioned in the Act of Oblivion 12 Car. 2. ca. 8. In Antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv'd In Dei nomine Amen Die veneris ante Festum Nativitatis Sancti Johannis Baptistae Anno Dom. 1423. Ego Ricardus Smyth de Bromyard condo Testamontum meum in hunc modum Inprimis lego animam meam Deo beatae Mariae omnibus Sanctis Corpusque meum sepeliendum in Cimiterio Beatae Edburgae de Bradway Item lego Fabricae Ecclesiae Cathedralis Hereford xii d. Item lego Fabricae Capella Beatae Mariae de Bromyard xl d. Item lego Fratribus de Woodhouse xx d. Residuum vero bonorum c. These Fabric-lands the Saxons called Tymber-londs Faculty Facultas As it is restrained from the Original and Active signification to a particular understanding in Law is used for a priviledge or especial power granted to a man by favour indulgence and dispensation to do that which by the Common-Law he cannot as to eat Flesh upon dayes prohibited to Marry without Banes first asked c. Anno 28 Hen. 8. ca. 16. The Court of Faculties belongs to the Archbishop of Canterbury and his Officer is called Magister ad facultates his power is to grant Dispensations as to Marry to eate Flesh on dayes prohibited the Son to succeed the Father in his Benefice one to have two or more Benefices incompatible c. This Authority was given by the Statute 25 Hen. 8. ca. 21. See 4 Part. Inst fol. 337. Faint alias Feint-Action Fr. feinct Is as much as Fained-Action that is such an Action as albeit the words of the Writ be true yet for certain causes he has no Title to recover thereby And a false action is where the words of the Writ are false Coke on Lit. fol. 361. yet sometimes they are confounded Faint-Pleader from the Fr. Feinte Falsus Signifies a false covenous or collusory manner of pleading to the deceit of a third party 34 35 Hen. 8. ca. 24. Fair-pleading See Beaupleder Faitours a French word antiquated or somewhat traduced for the modern French is Faiseur i. Factor Is used in the Stat. 7 R 2. ca. 5. in the evil part signifying a bad Doer or it may not improbably be interpreted an idle Liver taken from faitardise which signifies a kind of num or sleepy Disease proceeding of too much sluggishness which the Latines call Veturnus For in the said Statute it seems to be a Synonymon with Vagabond Falda A Sheepfold Et quod oves sint levantes cubantes in propria falda Canonicorum praedictorum Rot. cart 16 Hen. 2. m. 6. Faldage Faldagium Is a priviledge which many Lords anciently reteined to themselves of setting up sheep-folds or Pens in any Fields within their Mannors the better to manure them and this not onely with their own but with their Tenants Sheep which is called Secta faldae This Faldage is call'd in some places a Fold-course or Free-fold and in some ancient Charters Fald-soca i. Libertas faldae or Libertas foldagii Rogerus Rusteng concessit Eccesiae B. Mariae de Wimondbam 40 acras terrae in Scarnebrune cum dimidia Fald-soca c. Chartular Monasterialis Ecclesiae praedict pa. 48. De Faldagio habendo ad ducentos bidentes ad plus in villa de Atheburgh Mon. Angl. 2 Par. fo 275. a. Falesia Fr. Falaize A Bank Hill or down by the Sea-side Coke on Litt. fol. 5. b. Falkland alias Folkland See Copyhold and Freehold
with Camden and sets down the victories whence this Order was occasion'd whatsoever cause of beginning it had the Order is inferior to none in the World in Honor or Antiquity consisting of 26 Martial and Heroical Nobles whereof the King of England is the Chief and the rest are either Nobles of the Realm or Princes of other Countries friends and confederates with this Nation the Honour being such as Emperours and Kings of other Nations have desired and thankfully accepted it being long before the order of St. Michael in France the Golden Fleece in Burgundy or the Anunciada in Savoy The Ceremonies of the Chapter proceeding to Election the Investitures and Robes the Installation Vow with such other observations see in Segars Honor militar civil lib. 2. ca. 9. fol. 65. See Knights of the Garter and Seldens Titles of Honour fol. 792. Garter also signifies the Principal king at Armes among our English Heralds attending upon the Knights thereof created by King Henry the Fifth and mentioned in the Statute 14 Car. 2. ca. 33. See Herald Garth In the North of England signifies a Back-side or a little Close or Homestead also a Dam or Wear in a River where Fish are caught called a Fish-garth It seems to be an ancient British word For Gardd in that language signifies a Garden the dd being liquefy'd in the pronunciation like th Garthman Anno 17 Rich. 2. ca. 9. It is ordained that no Fisher nor Garthman shall use any Nets or Engins to destroy the fry of fish c. Whereby it seems to signifie one that keeps or owns an open Wear where Fish are caught It may haply be derived from the Scottish word Gart which signifies forced or compelled because the Fish are forced by the Wear to pass in at a loop where they are caught Gavel Sax. gafel Tribute Toll Custom yearly Rent Payment or Revenue Of which we had of old several kinds paid by Tenants to their Landlords As Gavel-Corn Gavel-malt Oate-gavel Gavel-fodder As you may read in Mr. Fabian Philip's Book Entituled Mistaken Recompence pa. 39 40. Gavelet Is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkind continues whereby the Tenant shall forfeit his Lands and Tenements to the Lord if he withdraw from him his due Rents and Services after this manner The Lord must seek by the award of his Court from three weeks to three weeks to fin I some distress upon the Tenement until the fourth Court alwayes with Witnesses and if in that time he can find none then at the fourth Court let it be awarded that he take the Tenement into his hand in name of a Distress and keep it a Year and a day without Manuring within which time if the Tenant pay his Arrears and make reasonable amends for the withholding let him have and enjoy his Tenement as before and if he come not before the year and day be past let the Lord go to the next County-Court with his Witness of what past at his own Court and pronounce there this Process to have further Witnesses and then by the award of his own Court he shall enter and Manure the Tenement as his own And if the Tenant will afterwards re-have it and hold it as he did before let him make agreement with the Lord according to this old saying Neghesith selde neghesith geld v l. for his Were er he become healder i. Has he not since any thing given nor any thing paid Then let him pay 5 l. for his Were ere he become healder again Other Copies have the first part thus written and expounded Nigondsith yeld nigonsith geld Let him 9 times pay and 9 times re-pay Of this see 10 Hen. 3. Fitz. tit Cessavit 60 and the Stat. of Gavelet 10 Edw. 2. which gives this Law to Lords of Rents in London And see Westm 2. ca. 21. which gives Cessavit Gavelkind from the Sax gafel i. Census tributum and cynd Natura Genus But Doctor Powel in his Additaments to the Cambrian History and from him Taylor in his History of Gavelkind fol. 26. would have it derived from the British word Gavel importing a Hold or Tenure however it signifies a Tenure or Custom whereby the Lands of the Father are equally divided at his death among all his Sons or the Land of the Brother among all the Brethren if he have no Issue of his own Teutonicis priscis patrios succedit in agros Mascula stirps omnis ne foret ulla potens This Custom is still of force in Kent Urchenfeild in Herefordshire and elsewhere though with some difference But by the Stat. 34 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir according to the course of the Common-Law Camden in his Brit. says thus Cantiani ea lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque inprimis quam Gavelkind nominat Haec a terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint Adding further Hanc haereditatem cum quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Et filii parentibus furti damnatis in id genus fundi succedunt c. It appears by 18 Hen. 6. ca. 1. That in those dayes there were not above 30 or 40 persons in all Kent that held by any other Tenure which was afterwards altered upon the petition of divers Kentish Gentlemen in much of the Land of that County by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent and Sumners learned Discourse on this Subject Dedi totam terram quam vendidit mihi Michael de Turnham sicut suum liberum Gavilikinde Stoikikinde ad fundandum ibi Domum Religionis c. Mon. Angl. 2 Par. fol. 640. a. Gavelsester Sax. Sextarius vectigalis Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus census vel vectigalis nomine pendendus A certain Measure of Rent-Ale Among the Articles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent according to which they were to be accountable this of old was one De Gavel-sester cujuslibet bracini braciati infra libertatem Maneriorum viz. unam lagenam dimidiam Cervisiae It elsewhere occurs under the name of Tol-sester thus De Tolsester Cervisiae hoc est de quolibet bracino per unum annum lagenam de Cervisia And is undoubtedly the same in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by Selden in his learned Dissertation annexed to Fleta ca. 8. num 3. and there by some mistake haply of the Printer written Colcester-peny for Tol-sester-penny Nor differs it I think from what in the Glossary at the end of Hen. 1. Laws is called Oale-gavel
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed to the Sheriff to summon four lawful Knights before the Justices of Assise there upon their Oaths to chuse Twelve Knights of the Vicinage c. to pass upon the Grâ—at Assise between A. Plaintiff and B. Defendant Reg. of Writs fol. 8. 〈◊〉 〈◊〉 〈◊〉 The Great Charter Granted in the Ninth year of Henry the Third and confirmed by Edward the First and other Kings The reason why it was so termed was either for the excellency of the Laws and Liberties therein contained or else because there was another Charter called the Charter of the Forest established with it which was the lesser of the two or because it contained more then many other Charters or more then the Charter of King Henry the First Or in regard of the Wars and great troubles in the obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful Anathema's against the infringers of it See Spelmans Gloss on this word at large who calls it Augustissimum Anglicarum libertatum diploma sacra Anchora So Edward Coke says It is Magnum in Parvo and that it hath been above thirty times confirmed On Littl. fol. 81. Mahim Mahemium from the Fr. Mehaigner i. mutilare Signifies a Corporal hurt whereby a Man loseth the use of any Member that is or may be any defence to him in Battel As the Eye the Hand the Foot Scalp of the Head Foretooth or as some say any Finger or Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—n at large lib. 3. tract 2. cap. 24. num 3. The cutting of an Ear or Nose or breaking the hinder Teeth is no Mahim because it is rather a deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor at their Marriage and it was anciently given to the Lord for his quitting the Custom of Marcheta whereby some fancy That he was to have the first Nights Lodging with his Tenants Wife But I rather suppose it be a Fine for the Licence to marry a Daughter Sir Edm. Sawyer is now Lord of this Mannor See Marcheta Maignagium from the Fr. Maignen i. Faber ararius A Brasiers-shop Idem Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— takes away or steals As to be taken with the Manour Pl. Cor. fol. 179. Is to be taken with the thing stoln about him Again fol. 194. it was presented that a Theife was delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying or estoping in such case he shall have Assise where it signifies handy-labour and is but an abbreviation of Mainovery Mainpernable Bailable What Prisoners arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly of Loaves of Bread which in some places the Parishioners pay to the Rector of their Church in recompence for certain Tythes See Waxshot Vicaria de Wragby in Com. Linc. consistit in toto Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise Old Nat. Br. fo 42. Is to commit him to those that undertake his appearance at the day appointed And they that thus undertake for any are called Mainpernors because they receive him into their hands Pl. Cor. fo 178. Hence the word Mainpernable that may be thus bailed For in many cases a Man is not Mainpernable whereof see Brook tit Mainprise And Fitz. Nat. Br. fo 249. Manwood in his 1 Par. For. Laws pa. 167. makes a great difference between Bayl and Mainprise For he that is Mainprised is already said to be at large and to go at his own liberty after the day he is set to Mainprise until the day of his appearance But not so where a Man is let to Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—t or any other Judge until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in Prison all that time So that he that is so bailed shall not be said by the Law to be at large or at his own liberty Thus Manwood Mainprise also is an undertaking in a su 〈…〉 certain Bail answers the condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—uma When Mainprises may be granted and when not see Cromptons Justice of P. fo 136. and Britton fol. 73. The Author of the Mirror of Iustices sayes that Pledges are those that Ball or redeem any thing but the body of a Man and Mainpernors those that free the body That pledges therefore belong properly
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any Sute in Law as Praemuniri Outlary Villenage professed in Religion Excommunication or because he is a stranger born howbeit the last holds only in actions real or mixt and not in personal except he be a stranger and an Enemy The Civilians say such a Man has not Personam standi in judicio See Brooke hoc tit and Fitz. Nat. Br. fo 35. 65 and 77. Non admittas See Ne admittas Nonage Is all the time of a Mans age under one and twenty years in some cases or 14 in others as Marriage See Broke tit Age. See Age. Non capiendo Clericum See Clericum non capiendo Non-claim Is an omission or neglect of a Man that claims not within the time limited by Law as within a year and day where continual claim ought to be made or within five years after a Fine levied Vide Coke lib. 4. in Proaem and Continual Claim Non compos mentis Is a Man of no sound Memory and understanding of which there are four sorts 1. An Ideot who from his Nativity by a perpetual infirmity Is Non compos mentis 2. He that by sickness grief or other accident wholly loseth his Memory and Understanding 3. A Lunatick that has sometimes his understanding and sometimes not aliquando gaudet lucidis intervallis Lastly He that by his own act for a time deprives himself of his right mind as a Drunkard but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs and a Descent takes away the Entry of an Ideot albeit the want of understanding was perpetual Coke lib. 4. Beverly's Case Non diâ—â—ringendo Is a Writ comprizing divers particulars according to divers cases which you may see in the Table of Reg. of Writs Non est culpabilis Is the general Plea to an action of Trespass whereby the Defendant does absolutely deny the fact charged on him by the Plaintiff whereas in other special Answers the Defendant grants the fact to be done but alleages some reason in his defence why he lawfully might do it And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the Sute of the King or other wherein the Defendant denies the Crime objected to him See New Book of Entries tit non Culp Stamf. pl. Cor. lib. 2. ca. 62. Non est factum Is a Plea to a Declaration whereby a Man denies that to be his deed whereupon he is impleaded Brooke hoc titulo Non implacitando aliquem de libero tenemento fine brevi Is a Writ to inhibit Bailiffs c. from Distreming any Man without the Kings Writ touching his Freehold Reg. of Wrtis 171. b. Non intromittendo quando breve Praecipe in capite subdole impetratur Is a Writ which had dependence on the Court of Wards and therefore now obsolete Reg. of Writs fo 4. b. Non merchandizando victualia Is a Writ directed to the Justices of Assise commanding them to enquire whether the Officers of such a Town do sell Victuals in gross or by retain during their Office contrary to the Statute and to punish them if they find it true Reg. of Writs fo 184. Non molestando Is a Writ that lies for him who is molested contrary to the Kings protection granted him Reg. of Writs fo 24. Non obstante notwithstanding Is a word or clause usual in Statutes and Letters Patent All grants of such PensioÌ„ns and every non obstante therein contained shall be void Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo 196. and Plow Com. fo 501 502. In Henry the Thirds time says Sir Richard Baker the Clause non obstante brought in first by the Pope was taken up by the King in his Grants and Writings See Pryns Animadversions on fourth Inst fo 129. Non omittas Is a Writ lying where the Sheriff delivers a former Writ to a Bailiff of a Franchise in which the party on whom it is to be served dwels and the Bailiff neglects to do it In this case the Sheriff returning that he delivered it to the Bailiff this shall be directed to the Sheriff charging him to execute the Kings command himself Old Nat. Br. fo 44. Of this the Reg. of Writs has three sorts fo 82. b. 151. Non ponendo in Assisis Juratis Is a Writ founded upon the Stat. Westm 2. ca. 38. and the Stat. Articuli super Chartas ca. 9. which is granted upon divers causes to Men for the freeing them from serving upon Assises and Juries as by reason of old age c. See Fitz. Nat. Br. fo 165. and Reg. fo 179. 181. Non procedendo ad Assisam Rege inconsulto Is a Writ to stop the Trial of a Cause appertaining to one who is in the Kings service c. until the Kings pleasure be farther known Reg. fo 220. Non residentia pro Clericis Regis Is a Writ directed to the Ordinary charging him not to molest a Clerk imployd in the Kings Service by reason of his Non-residence Reg. of Writs fol 58. b. Non Residence Anno 28 Hen. 8. cap. 13. Is applied to those Spiritual Persons that are not Resident but do absent themselves by the space of one Moneth together or two Moneths at several times in one year from their Dignities Prebends or Benefices For Regularly Personal Residence is required of Ecclesiastical Persons upon their Cures See 2 Part Instit fol. 625. Non solvendo pecuniam ad quam Clericus mulctatur pro non Residentia Is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the Kings for Non-residency Reg. of Writs fol. 59. Non-sute i Non est Prosecutus c. Is a Renunciation of the Sute by the Plaintiff or Demandant most commonly upon the discovery of some Error or Defect when the Matter is so far proceeded in as the Jury is ready at the Bar to deliver their Verdict Anno 2 Hen. 4. cap. 7. See the New Book of Entries verbo Nonsute The Civilians term it Litis Renunciationem Non-tenure Is an Exception to a Count by saying That he holdeth not the Land mentioned in the Count or at least some part of it Anno 25 Edw. 3. stat 4. cap. 16. West par 2. Symb. tit Fines sect 138. Mentions Non-tenure general and Non-tenure special This is an Exception alleaging that he was not Tenant the day whereon the Writ was purchased General is where one denies himself ever to have been Tenant to the Land in question See New Book of Entries Aerbo Non tenure Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae Is an Exception taken to any Act declared by the Plaintiff or Demandant to be done by another and whereon he grounds his Plaint or Demand And the effect of
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
of Cattel But Lambert sayes 't is a restitution made by the Hundred or County of any wrong done by one that was in pledge Archa pa. 125. or rather a penalty for taking away of Cattel Orfraies Aurifrisium Frizled Cloth of Gold made and used in England both before and since the Conquest worn by our Kings and Nobility as appears by a Record in the Tower where the King commands the Templers to deliver such Jewels Garments and Ornaments as they had of His in keeping among which he names Dalmaticum velatum de Orefreis i. A Dalmatick or Garment guarded with Orfraies And of old the Jacquets or Coat-armors of the Kings Guard were also termed Orfraies because adorn'd with Goldsmiths work Orgallous Rectius Orguillous from the French Orgueil i. Pride Proud Haughty Lofty-minded Art against Card. Woolsey 4 Inst fo 89. Orgeis Anno 31 Edw. 3. Stat. 3. ca. 2. Is the greatest sort of North-sea-fish for the Statute says They are greater then Lob-fish In these dayes called Organ Ling which is a corruption from Orchney the best being taken near that Island Originalia In the Treasurers Remembrancers Office in the Exchequer are Records or Transcripts sent thither out of the Chancery and are distinguish'd from Recorda which contain the Judgments and Pleadings in Sutes tryed before the Barons Ortelli Signifies the Claws of a Dogs foot from the Fr. Orteils des peids i. Digiti pedum the Toes 'T is used in Pupilla oculi Chap. de Char. Forest par 5. ca. 22. Osmonds Anno 32 Hen. 8. ca. 14. and I find in Spelmans Gloss mention of a last of Osmonds Is that Oar or Iron-Stone of which Iron is made and it seems was anciently brought into England Ouch Anno 24 Hen. 8. ca. 13. A kind of Collar or Neck-lace of Gold or such like ornament worn by women about their necks Sometimes used for a boss or button of Gold Ouersamessa Si quis furi obviaverit sine vociferatione gratis eum dimiserit emendet secundum Weram ipsius furis vel plena lada se adlegiet quod cum eo falsum nescivit si quis audito clamore supersedit reddat Ouersamessa regis aut plene se laidiet Lib. rub ca. 36. This seems to have been an ancient Penalty or Fine before the Statute for Hue and Cry laid upon those who hearing of a Murder or Robbery did not pursue the Malefactor 3 Inst fo 116. and to be the same which is elsewhere written Oversegenesse and Ouersenesse See Gyltwite Ouelty of services Is equality of services as when the Tenant paravail owes as much to the Mesn as the Mesn does to the Lord Paramount Fitz. Nat. Br. fo 136. So Owelty of partition Coke on Litt. fo 169. Overt-act Apertum factum An open plain evident act 3 Inst fo 12. which must be manifestly proved Overt word An. 1 Mar. Sess 2. ca. 3. An open plain word from the Fr. Ouvert Ouster le main Fr. Oster la main i. To take off the hand Signifies a Livery of Lands out of the Kings hands or a Judgment given for him that Traversed or sued a Monstrance le droit For when it appear'd upon the matter discussed that the King had no right nor title to the Land he seised Judgment was given in Chancery that the Kings hands be amoved or taken off and thereupon Amoveas manum was awarded to the Escheator to restore the Land c. Stamf. Praerog ca. 24. It is written Oter le maine 25 Hen. 8. ca. 22. But now all Wardships Liveries Primerseisins and Ouster lemains c. are taken away and discharged by 12 Car. 2. ca. 24. Ouster le mer Fr. Oultre i. Ultra le mer mare Is a cause of excuse or essoin if a man appear noti in Court upon Summons for that he was then beyond the Seas See Essoin Ousted From the Fr. Oster to remove or put out As ousted of the possession Pecks Case Mich. 9. Car. 1. 3 Part Crokes Rep. fo 349. that is removed or put out of possession Outfangthef from the Sax. Ut i. Extra Fang i. Capio vel Captus theof i. Fur quasi fur extra captus Is a liberty or priviledge whereby a Lord is enabled to call any man dwelling in his Fee and taken for Felony in another place to Judgment in his own Court. Rastals Expos of Words Anno 1 2 Ph. Ma. ca. 15. Per Outfangthef Edwardus Sutton miles Dominus de Dudley c. clamat quod quandoque aliquis latro qui est homo ipsius Edwardi de Dominio suo praedicto de aliqua felonia convictus fuerit pro qua suspendi debeat in quacunque Curia idem felo sit convictus ducatur ad furcas ipsius Edwardi per Ministros suos ibidem suspendatur Pl. in Itin. apud Cestriam 14 Hen. 7. Outlaw Sax. Utlaghe Lat. Utlagatus Significat bannitum extra legem Fleta lib. 1. ca. 47. one deprived of the benefit of the Law and out of the Kings protection Forisfacit utlagatus omnia quae pacis sunt quia a tempore quo utlagatus est caput gerit lupinum ita quod ab omnibus intersici possit impune maxime si se defenderit vel fugerit c. Bracton lib. 3. Tract 2. ca. 11. num 1 3. see Utlary But in the beginning of Edward the Thirds Reign it was resolved by the Judges that it should not be lawful for any man but the Sheriff onely having lawful warrant therefore to put to death any man Outlawed Coke on Litt. fo 128. b. See Capias utlagatum Outparters Anno 9 Hen. 5. ca. 8. A kind of Theeves in Ridesdale that took Cattel or other Booty without that liberty Others think they were such as lay in wait for robbing any Man or House See Intakers Out-riders Are Bailiffs errant employ'd by Sheriffs or their Deputies to ride to the farthest places of their Counties or Hundreds with the more speed to Summon persons into their County or Hundred Courts Anno 14 Edw. 3. Stat. 1. ca. 9. Owelty See Ouelty Oxgang of Land Bovata terrae is commonly taken for fifteen Acres Six Oxgangs of Land are as much as six Oxen will Plough Cromp. Jurisd fo 220. Bovatus terrae i. Quantum sufficit ad iter vel actum unius bovis Ox enim est bos gang vel gate iter See Coke on Litt. fo 69. a. Oyer and Terminer Fr. Ouir Terminer Is a Commission especially granted to certain persons for the hearing and determining one or more causes This was wont in former times to be only in use upon some sudden Outrage or Insurrection in any place See Cromp. Jurisd fol. 131. and Westm 2. cap. 29. who might grant this Commission And Fitz. Nat. Br. fol. 100. for the form and occasion of the Writ and to whom it is to be granted And Brook hoc titulo A Commission of Oyer and Terminer is the first and largest of the five Commissions by which our
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
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
if a Feme waved See Exigent Quinzime See Quinsieme Quiteclaim Quieta clamantia Is a Release or Acquitting a Man for any Action that he hath or may have A quitting of ones Claim or Title Bracton lib. 5. tract 5. cap. 9. num 9. and Lib 4. tract 6. cap. 13. num 1. Quit-rent Quietus Redditus Quasi Quiet-rent is a certain small Rent payable yearly by the Tenants of most Mannors which when paid the Tenant is quiet and free till it becomes due again This in some ancient Records is written White-rent because paid in Silver Quod ei Deforceat Is a Writ that lies for the Tenant in Tail Tenant in Dower or Tenant for Life against him that entred or took away their Land recovered or against his Heir See Brook hoc tit Reg. of Writs fol. 171. and Westm 2. cap. 4. Quod Clerici non eligantur in Officio Balivi c. Is a Writ that lies for a Clerk who by reason of some Land he hath is made or like to be made either Bailiff Bedel or Reeve or some such like Officer See Clerico infra sacros c. And Regist of Writs fol. 187. Quod permittat Is a Writ that lies for the heir of him that is disseised of his Common of Pasture against the heir of the Disseisor being dead Briton cap. 8. says This Writ lies for him whose Ancestor died seised of Common of Pasture or other like thing annexed to his Inheritance against the Deforceor See Brook hoc tit and New Book of Entries Quod Clerici beneficiati de Cancellaria Is a Writ to exempt a Clerk of the Chancery from contributing towards the Proctors of the Clergy in Parliament Regist of Writs fol. 261 a. Quod persona nec Prebendarii c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions for the payment of a Fifteenth with the rest of the Parish Fitz. Nat. Br. fol. 176. Quod non permittat See Consuetudinibus Servitiis Quo jure Is a Writ that lies for him who hath Land wherein another challengeth Common of Pasture time out of minde and it is to compel him to shew by what title he so challenges it Fitz. Nat. Br. fol. 128. and Britton cap. 59. at large Quo minus Is a Writ that lies for him who hath a grant of House-bote and Hay-bote in another Mans Woods against the Grantor making such Waste as the Grantee cannot enjoy his Grant Old Nat. Br. fol. 148. and Kitchin fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer against him to whom he sells any thing by way of Bargain touching his Farm or who oweth him any Money or against whom he hath any cause of Personal Action Perkins Grants 5. For he supposeth by the Vendees detaining any due from him he is made less able to pay the King Rent Under which pretence any one who pays the King a Fee-farm Rent may have this Writ against any other person for any debt or damage and bring the Cause to tryal in the Exchequer Quo Warranto Is a Writ that lies against him who usurps any Franchise or Liberty against the King as to have Waiff Stray Fair Market Court-Baron Leet or such like without good Title Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land Bracton lib. 4. tract 1. cap. 2. num 3. And 18 Edw. 1. stat 2 3. And 30 Ejusdem See also the New Book of Entries Quorum Is a word often mentioned in our Statutes and much used in Commissions both of Justices of the Peace and others As for example where a Commission is directed to five persons or to any three of them whereof A. B. and C. D. to be two in this Case A. B. and C. D. are said to be of the Quorum because the rest cannot proceed without them So a Justice of the Peace and Quorum is one without whom the rest of the Justices in some cases cannot proceed Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43. Quyke Was anciently used for a Live or Quick Beast John Bracebrige of Kinnersbury Esq in his Will dated 7 Hen. 8. Ordained That his best Quyke should be taken in the name of his Mortuary R. RAchetum alias Rachatum from the Fr. Rachater or Racheter i. Redimere Theifbote the Compensation or Redemption of a Theif Nullus capiat Rachetum hoc est Theifbute de Latrocinio 1 Stat. Rob. R. Scot. cap. 9. Rack Fidiculae sic dict quia eis rei in eculeo torquentur ut fides inveniatur An Engin in the Tower with Cords and Strings to extort Confession from Delinquents John Holland Earl of Huntingdon was by King Henry the Sixth created Duke of Exeter Anno 16 H. 6. the King granted to him the Office of Constableship of the Tower He and William de la Poole Duke of Suffolk and others intended to have brought in the Civil Laws For a beginning whereof the Duke of Exeter being Constable of the Tower first brought into the Tower the Rack or Brake allowed in many Cases by the Civil Law and thereupon it was called The Duke of Exeters Daughter because he first brought it thither 3 Inst fol. 35. Rack-vintage Anno 32 Hen. 8. cap. 14. Is a second Vintage or Voyage for Wines by our Merchants into France c. for Rack'd Wines that is Wines drawn from the Lees. from this Voyage our Merchants commonly return about the end of December or beginning of January Rad Knights See Rod Knights Radechenistres i. Liberi homines Domesday tit Leofminstre Lempster Ibi erant 8 Praepositi 8 Bedelli 8 Radechenistres 238 Villani 75 Bordarii c. Radman Domesday tit Herefscire 15 Bordar Praepositus unus Radman c. Seems to be the same with Rod-Knight Rageman Is a Statute so called of Justices assigned by Edward the First and his Council to hear and determine throughout all England all Complaints of Injuries done within five years next before Michaelmas in the Fourth year of His Raign Ragmans-Roll Edward the Third says Sir Richard Baker in his Chronicle fol. 127. surrendered by His Charter all His Title of Soveraignty to the Kingdom of Scotland restored divers Deeds and Instruments of their former Homages and Fealties with the famous Evidence called Ragmans Roll. Ran Sax. Aporta Rapina so open a spoiling a Man as it cannot be denied Hoveden inter ea quae Willielmus prinius constituit in emendationem legum Angliae parte post Hen. 2. Decretum est etiam ibi ut si Francigena appellaverit Anglicum de perjurio aut murdro furto homicidio Ran quod dicunt apertam rapinam quod negari non potest Anglicus se defendet per quod melius voluerit aut judicio ferri aut duello Consonant whereunto it is to this day vulgarly said by one who taketh the Goods of another injuriously and by violence He hath taken all he could Rap and ran rap from
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Book so called because it was of old kept at Winchester among other Records and Monuments of the Kingdom See Domesday Some say there was a more ancient Record or Book of like nature with Domesday but made long before by King Alfred called Rotulus Wintonia Rouge Cross See Herald Roundlet See Runlet Rout Fr. Route i. A company or number Which signifies an Assembly of three persons or more going forcibly to commit an unlawful act though they do it not and is the same which the Germans yet call Rot meaning a Band or great company of Men gathered together and going to execute or are executing indeed any Riot or unlawful act See the Stat. 18. Edw. 3. stat 1. and 2 Rich. 2. cap. 6. It is a Rout whether they put their purpose in execution or no if they go ride or move forward after their meeting Brook tit Riot 4. 5. So as a Rout seems to be a special kinde of unlawful Assembly and a Riot the disorderly fact committed generally by any unlawful Assembly Howbeit two things are common both to Rout Riot and Unlawful Assembly The one that three persons at the least be gathered together the other that they being together do disturb the Peace either by words shew of arms turbulent gesture or actual violence c. See Lamb. Eiren. lib. 2. cap. 5. See Riot and Unlawful Assembly Royal Assent Regius Assensus Is that Assent or Approbation which the King gives to a thing formerly done by others as to the election of a Bishop by Dean and Chapter which given then he sends a Special Writ to some person for the taking of Fealty The form whereof you may see in Fitz. Nat. Br. fol. 170. C. And to a Bill passed in both Houses of Parliament Cromp. Jur. fol. 8. Which Assent in Parliament being once given the Bill is Endorsed with these words Le Roy Veult i. It pleaseth the King If he refuse to agree to it then thus Le Roy Averisa i. The King will Advise upon it Royalties Regalia vel Regalitates Are the Rights of the King otherwise called the Kings Prerogative some of which are such as the King may grant to common persons some so high as may not be separated from his Crown Privative as the Civilians term it though some may be Cumulative Vide Bracton lib. 2. cap. 5. And Mathaeum de Afflictis upon the title of the Feuds Quae sint Regalia where are set down Twenty five particulars or several sorts of Royalties See Prerogative and Regalia Rudge-washed Kersey Is that which is made of Fleece-wool washed onely on the Sheeps back Anno 35 Eliz. cap. 10. Runcinus from the Ital. Runzino Is used in Domesday for a Load-horse or Sumpter-horse and sometimes a Cart-horse which Chaucer calls a Rowney Rune from the Sax. Rununge i. A Course or Running A Water-course so called in the Marshes of Sommersetshire Hist of Imbanking and Draining fol. 106. a. Runlet alias Roundlet Is a certain Measure of Wine Oyl c. containing Eighteen Gallons and a half Anno 1 Rich. 3. cap. 13. Rural Deanes Decani Rurales Sunt Decani Temporales ad aliquod ministerium sub Episcopo vel Archiepiscopo exercendum constituti qui nec habent Institutionem Canonicam secundum Doctores Hos eosdem esse existimo qui in LL. Edouardi Confess cap. 31. Decani Episcoporum appellantur See Dean Each Diocess hath in it one or more Arch-Deaconries for dispatch of Ecclesiastical business and every Arch-Deaconry subdivided into Rural Deanries fewer or more according to the bigness and extent thereof Heylins Cosmog fol. 304. These were anciently called Archi-Presbyteri Decani Christianitatis See Dean Rusca When the King himself says Domesday tit Cestre came in person to Chester every Carrucata yielded him two hundred Hesta's and one Tun of Ale and one Rusca of Butter Quaere What the quantity was Rusca apum is a Hive of Bees S. SAbbatum in Domesday is used for Peace Postquam Willielmus Rex advenit sedebat in Sabbato Willielmus Mallet fecit suum Castellum de Eia c. Tit. Sudsex Sac Saca vel Sacha Is a Royalty or Priviledge which a Lord of a Mannor claims to have in his Court of holding Plea in Causes of Debate arising among his Tenants and Vassals and of imposing and levying Fines and Amerciaments touching the same But Rastal and some others define Sac to be the forfeiture it self In the Laws of King Edward set forth by Lambert fol. 144. it is written Sacha Sacha autem est si quilibet aliquem nominatim de aliquo calumniatus fuerit ille negaverit forisfactura probationis vel negationis si evenerit sua erit Which may be called the Amerciament paid by him who denies that which is proved against him to be true or affirms that which is not true Fleta says Sake significat acquietantiam de secta ad Comitatum Hundredum lib. 1. cap. 47. Sac is a Saxon word and signifies Causa lis certamen as we still say For Christs sake 1. Pro causa Christi See Keilweys Rep. fol. 145. Praecipio ut S. Benedictus de Ramefia ita bene libere habeat Socam Sacam suam c. Breve Hen. 2. Justiciariis de Norfolc V. Saka Sacaburth alias Sacabere Is he that is robbed or by theft deprived of his Money or Goods Britton cap. 15. 29. With whom agrees Bracton lib. 3. tract 2. cap. 32. num 2. Furtum vero manifestum est ubi latro deprehensus sit seisitus de aliquo latrocinio sc Hondhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit qui dicitur Sacaburth c. It may come from â—ac or â—aca i. lis causa prosecutio and burh pignus quia res furtiva sit quasi causa pignus hoc est furti Symbolum Spelman But Sir Edward Coke says Sacabere or Sakebere is derived of Sak and Bere that is He that did bear the bag 3 Inst fol. 69. Saccus cum brochia Was a Service or Tenure of finding a Sack and a Broach to the King for the use of his Army Bracton lib. 2. cap. 16. num 6. and lib. 2. tract 1. cap. 6. See Brochia Sacerborgh or rather Sickerborgh Securus Plegius A sufficient Pledge or Cautioner Skene See Sacaburth Sack of Wool Saccus Lanae Contains Twenty six Stone and a Stone Fourteen pounds Anno 14 Edw. 3. stat 1. cap. 2. See Sarplar In Scotland it is Twenty four Stone and the Stone Sixteen Pound Sacrafield Rents Are certain small Rents paid by some Tenants of the Mannor of Chuton in Com. Somerset to Sir Charles Waldegrave Lord thereof but why so called Quaere Sacramento Recipiendo quod vidua Regis se non maritabit sine licentia Regis Was a Writ or Commission to one for the taking an Oath of the Kings Widow that she shall not marry without the Kings Licence Reg. of Writs fol. 298. a. Sacrobarra Lib. MS. de Officio
suis ille qui non venit ad talem praemonitionem amerciatus erit ad pretium unius vomeris Anglice a Suck praetii quatuor denar hoc quotiescunque praemonit non venerit Pla. in Itin. apud Cestriam 14 Hen. 7. Surety of peace Securitas pacis so called because the party that was in fear is thereby secured Is an acknowledging a Bond to the Prince taken by a competent Judge of Record for the keeping of the Peace This peace a Justice of Peace may command either as a Minister when he is willed so to do by a higher Authority or as a Judge when he does it of his own power derived from his Commission Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit It differs from Surety of good abearing in this that whereas the Peace is not broken without an affray battery or such like Surety de bono gestu may be broken by the number of a mans company his Weapons or Harness Suffragan Suffragnus Is a titular Bishop ordam'd to assist the Bishop of the Diocess in his Spiritual Function Sir Edw. Coke 2 Inst fo 79. calls him a Bishops Vice-gerent Dicuntur Episcopi qui Archiepiscopo suffragari assistere tenentur sayes Spelman Et Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur It was enacted Anno 26 Hen. 8. ca. 14. that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess and to present them to the King that he might give the one of them such Title Stile Name and Dignity of such of the Sees in the said Statute specify'd as he should think convenient c. and that every such person shall be called Bishop Suffragan of the same See c. Cam. in his Britan. Tit. Kent speaking of the Arch-bishop of Canterburies Suffragans sayes When the Arch-bishop is busied in weightier Affairs they manage for him matters that pertain to Orders onely and not to the Episcopal Jurisdiction Suite or Sute Secta Fr. Suite i. Consecutio sequela Signifies a following another but in divers sences the first is a Sute in Law and is divided into sute real and personal which is all one with Action real and personal 2. Sute of Court or Sute-service is an attendance which a Tenant owes to the Court of his Lord Anno 7 Hen. 7. ca. 2. 3. Sute-Covenant is when your Ancestor has Covenanted with mine to suâ— to his Court 4. Sute-Custome when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde 5. Sutereal or regal when men come to the Sheriffs Turn or Lâ—et 6. Sute signifies the following one in Chase as fresh-sute Westm 1. ca. 46. Lastly it signifies a Petition made to the King or any great person Suite of the Kings Peace Secta pacis Regis Is the pursuing a man for breach of the Kings Peace by Treasons Insurrections or Trespasses Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem ca. 15. 5 Hen. 4. ca. 15. Suit-silver See Sute-silver Suling See Swoling Summage See Sumage Seme Sumage or Summage Sumagium Summagium a Horscload Toll for carriage on Horseback Cromp. Jur. fo 91. Forestarius capiat pro uno equo qui portat summagium per dimidium anni obolum Charta de Foresta cap. ante-penult Char. Edw. 1. num 17. Summoneas Is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Reg. judicial Summoner Summonitor Is a small Officer that calls or cites men to any Court These ought to be boni homines that is in Fleta's Judgment liberi homines ideo boni quia terras tenentes quod sint coram talibus Justiciariis ad certos diem locum secundum mandatum Justiciariorum vicecomiti directum parati inde faceri recognitionem lib. 4. ca. 5. Summons Summonitio Signifies with us as much as vocatio in jus or Citatio among the Civilians and thence is our word Sumner which in French is Somoneur i. Vocator Monitor Summons of the Exchequer Anno 3 Edw. 1. ca. 19. How Summons is divided and what circumstances it has to be observed See Fleta lib. 6. ca. 6 7. Summons in terra petita Kitchin fo 286. Is that Summons which is made upon the land which the party at whose Sute the Summons is sent forth seeks to have Summons ad Warrantizandum Dyer fo 69 nu 35. Summoneas ad warrantizandum Is the Process whereby the vouchee is called See Coke on Litt. fo 101. b. Sumptuary Laws Are Laws made to restrain excess in Apparel and prohibit costly Cloaths of which we have anciently had many in England but all repealed Anno 1 Jac. See 3 Inst fo 199. Super institution Super institutio One Institution upon another as where A. is admitted and instituted to a Benefice upon one Title and B. is admitted instituted c. by the presentment of another See Hutchins Case in Crokes Rep. 2 Par. fo 463. Superoneratione pasturae Is a Writ Judicial that lies against him who is impleaded in the County for the over-burdening a Common with his Cattel in case where he was formerly impleaded for it in the County and the Cause is removed into the Kings Court at Westm Super praerogativa Regis Is a Writ which lay against the Kings Widdow for Marrying without his Licence Fitz. Nat. Br. fo 173. Supersedeas Is a Writ which lies in divers cases and signifies in general a Command to stay or forbear the doing of that which ought not to be done or in appearance of Law were to be done were it not for the cause whereon the Writ is granted For example a man regularly is to have surety of Peace against him of whom he will Swear he is afraid and the Justice if required cannot deny it yet if the party be formerly bound to the Peace either in Chancery or elsewhere this Writ lies to stay the Justice from doing that which otherwise he might not refuse See the Table of the Reg. of Writs and Fitz. Nat. Br. fo 236. for preventing the superseding Executions See the Statute 16 17 Car. 2. ca. 8. Super Statuto Edw. 3. versus Servants and Labourers Is a Writ that lies against him who keeps my Servants departed out of my service against Law Fitz. Nat. Br. fo 167. Super Statuto de York quo nul serra viteller c. Is a Writ lying against him that uses Victualling either in Gross or by Retail in a City or Borough-Town during the time he is Mayor c. Fitz. Nat. Br. fo 172. Super Statuto 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant holding in Chief who alienated the Kings Land without his Licence Fitz. Nat. Br. fo 175. Super Statuto facto pour Seneshal Marshal de Roy c. Is a Writ lying
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre