or Grant either in writing or without writing As if I enfeoff a Man in Lands reserving a Rent to be paid at such a Feast upon Condition if the Feoffee fail of payment at the day then it shall be lawful for me to re-enter Condition Implied which is called a Condition in Law Is when a Man Grants to another the Office of Keeper of a Park Steward Bailiff or the like for Life though there be no Condition at all expressed in the Grant yet the Law makes one covertly which is if the Grantee does not justly execute all things pertaining to his Office by himself or his sufficient Deputy it shall be lawful for the Grantor to enter and discharge him of his Office See Littleton lib. 3. cap. 5. Cone and Key Bracton lib. 2. cap. 37. num 3. Foemina in tali atate i. 14 15 Annorum potest disponere Domui suae habere Cone Key Colne in the Saxon signifies Calculus computus and Key clavis So that a Woman was then held to be of competent years when she was able to keep the Accounts and Keys of the House and Glanv lib. 7. cap. 9. hath somewhat to the same purpose Confederacy Confederatio Is when two or more confederate or combine themselves to do any damage to another or to commit any unlawful act And though a Writ of Conspiracy does not lie if the party be not indited and in lawful manner acquitted for so are the words of the Writ yet false confederacy between divers persons shall be punished though nothing be put in execution which appears by the Book of 27 Assis Placit 44. where two wâ—â—e indited of Confederacy each to maintain other whether their matter were true or false and though nothing were supposed to be put in practise the Parties were enjoyn'd to answer since the thing is forbidden by Law So in the next Article in the same Book enquiry shall be made of Conspirators and Confederators which binde themselves together c. This Confederacy punishable by Law before it be executed ought to have four incidents First It must be declared by some matter of prosecution as by making of Bonds or Promises the one to the other 2. Malicious as for unjust revenge 3. It ought to be false against an innocent Lastly to be out of Court voluntary Terms de la Ley. Confirmation Confirmatio Is a strengthning or confirming an estate to one who hath the possession by a voidable Title though not at present void As a Bishop grants his Chancellorship by Patent for term of the Patentees life This is no void grant but voidable by the Bishops death except it be strengthned by the Dean and Chapters Confirmation See more of this in West pa. 1. Symb. lib. 2. sect 500. Fitz. Nat. Br. fol. 169. b. and Littleton lib. 3. cap. 9. Confiscate From the Lat. Confiscare and that from Fiscus which originally signifies a Hamper Pannier or Basket but Metonymically the Emperors Treasure which was anciently kept in such Hampers and though our King keeps not His Treasure in such things yet as the Romans said such Goods as were forfeited to the Emperors Treasury for any offence were Bona confiscata so say we of those that are forfeited to our Kings Exchequer And the title to have these Goods is given the King by the Law when they are not claimed by some other As if a Man be indited for feloniously stealing the Goods of another where in truth they are the proper Goods of him indited and they are brought in Court against him who being asked what he saith to the said Goods disclaims them By this Disclaimer he shall lose the Goods though he be afterwards acquitted of the Felony and the King shall have them as Confiscate but otherwise if he had not disclaimed them So where Goods are found in the Felons possession which he disavows and afterwards is attainted of other Goods and not of them there the Goods which he disavows are Confiscate to the King but had he been attainted of the same Goods they should have been said forfeited not Confiscate notwithstanding his disavowment See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note Confiscare Forisfacere are Synonyma and Bona confiscata are Bona forisfacta 3 Inst fol. 227. Confrairie Fr. A Fraternity Fellowship or Society as the Confrairie de Seint George or de les Chivaliors de la bleu Jartier Selden Confréeres Fr. Confreres Brethren in a Religious House Fellows of one and the same House or Society Anno 32 Hen. 8. cap. 24. Congeable from the Fr. Conge i. Leave Licence or Permission Signifies as much as lawful or lawfully done or done with leave of permission as The entry of the Disseisee is congeable Littleton sect 410. and 2 par Croke fol. 31. Conge d'â—â—ccorder Fr. i. Leave to accord or agree I finde it in the Statute of Fines An. 18 Edw. 1. in these words When the Writ original is delivered in presence of the Parties before Justices a Pleader shall say this Sir Justice Conge d'Accorder and the Justice shall say to him What saith Sir R. and shall name one of the Parties c. Conge d'Eslire Fr. i. Leave to chuse Signifies the Kings Permission Royal to a Dean and Chapter in time of Vacation to chuse a Bishop or to an Abbey or Priory of his own Foundation to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169 170. Gwin in the Preface to his Readings says The King of England as Soveraign Patron of all Arch-Bishopricks Bishopricks and other Eccsesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterwards by His Letters Patent and that in process of time he made the Election over to others under certain Forms and Conditions as namely that they should at every vacation before they chuse demand of the King Conge d'Eslire that is Leave to proceed to Election and then after the Election to crave His Royal assent c. And he affirms that King John was the first that granted this which was afterward confirmed by Westm 1. cap. 1. and again by Articuli Cleri cap. 2. Congius An ancient Measure of Six Sextaries which is about a Gallon and a Pint. Et reddat quinque Congios celia unum Ydromelli triginta panes cum pertinentibus pulmentariis Carta Edmundi Regis de Anno 946. Conisance See Cognizance Conisor alias Cognizor Recognitâ—r Is used in the passing of Fines for him that acknowledges the Fine and the Conizee is he to whom the Fine is acknowledged Anno 32 Hen. 8. cap. 5. West pa. 1. Symb. lib. 2. sect 49. and Parte 2. tit Fines sect 114. Conjuration Conjuratio Signifies a Plot or Confederacy made by some persons combining themselves together by oath or promise to do some publick harm But it is more especially used for the having personal conference with
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
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
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
Originally or upon Assignation and sometimes for the Returns of Writs For example Dayes in Bank are Dayes set down by Statute or Order of the Court when Writs shall be returned or when the Party shall Appear upon the Writ served for which you may read the Statutes 51 Hen 3. ca. 1 2. Marlb ca. 12 52 Hen. 3. and the Statute de Anno Bissextili 21 Hen. 3. and lastly 32 Hen. 8. ca. 21. To be dismissed without Day is to be finally discharged the Court He had a Day by the Roll that is he had a day of Appearance Assigned him Kitchin fol. 193 197. Day Year and Wast See Year Day and Wast And see Dies Deadly Feud Feuda Faida Is a Profession of an Irreconcileable Enmity till we are revenged even by the death of our Enemy It is deduced from the German word Feed which as Hottoman in verbis Feudalibus saith Modo bellum modo capitales inimicitias significat It is used Anno 43 Eliz. ca. 13. Dead Pledge mortuum vadium See Morgage De-afforested That is discharged from being Forest or that is freed and exempted from the Forest-Laws Anno 17 Car. 1. ca. 16. Johannes Dei Gratia c Archiepiscopis Episcopis c. Sciatis nos omnino Deafforestaise Forestam de Brewood de omnibus quae ad Forestam Forestarios pertinent Quare volumus firmiter praecipimus quod praedicta Foresta homines in illa manentes haeredes eorum sint Deafforestati imperpetuum c. Dat. apud Brug 13 Martii Anno regni nostri 5. Dean Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 decem Is an Ecclesiastical Magistrate so called because he presides over Ten Canons or Prebends at the least We call him a Dean that is under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum the Chapter But how diversly this word is used read Lindwood Tit. de Constitut ca. 1. verbo Decani Rurales where Rural Deans are said to be certain persons that have Jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned them by the Bishop and Arch-Deacon being placed and displaced by them Such are the Dean of Croiden in Surrey Dean of Battel in Kent c. As there are two Foundations of Cathedral Churches in England the old and the new the new are those which Henry the Eighth upon Suppression of Abbies transformed from Abbot or Prior and Convent to Dean and Chapter so are there two means of Creating these Deans For those of the Old Foundation were exalted to their Dignity much like Bishops the King first sending out his Conge d'Eslire to the Chapter the Chapter then chusing the King yielding His Royal Assent and the Bishop Confirming him and giving his Mandate to enstal him Those of the New Foundation are by a shorter course Enstalled by Vertue of the Kings Letters-Patent without either Election or Confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels as the Dean of the Kings Chappel the Dean of the Arches the Dean of St. Georges Chappel in Windsor c. Nec Collegio alicui praefecti nec jurisdictione ulla donati nomine tamen velut honoris gratia insignes sayes Spelman De bene esse Are three common Latin words but their signification more mysterious conceiv'd to be thus To take or do any thing De bene esse is to accept or allow it as well done for present but when it comes to be more fully examin'd or try'd to stand or fall to be allowed or disallowed according to the Merit or Well-being of the thing in its own nature or as we say Valeat quantum valere potest So in Chancery upon motion to have one of the less-principal Defendants in a Case examin'd as a Witness the Court not then throughly examining the justice of it or not hearing what may be objected on the other side often orders such a Defendant to be examined de bene esse i. That his Depositions shall be allowed or suppressed at the Hearing of the Cause upon the full debate of the Matter as the Court shall then think fit but for the present they have a well-being or conditionalallowance It is used in Langhams Caso Croke 3 Part. fol. 68. Debentur Was by a Rumâ— Act in 1649 ordained to be in the nature of a Bond or Bill to charge the Common-wealth forsooth to pay the Souldier-Creditor or his Assignes the Sum due upon Auditing the Account of his Arrears The Form of which Debentur as then used you may see in Scobels Rump-Acts Anno 1649 ca. 63. The word is also mention'd in the Act of Oblivion 12 Car. 2. ca. 8. Sect. 7. and is used in the Exchequer See Auditor of the Receipts Debet solet Are Latin words often used in our Law-Writers In old Nat. Br. fol. 98. it is said This Writ De secta molendini being in the debet and solet is a Writ of Right c. And again fol. 69. A Writ of quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and solet or in the debet without the solet according as the Demandant claims Wherefore note that those Writs which are in this sort brought have these words in them as Formal words not to be omitted And according to the diversity of the Case both debet and solet are used or debet alone That is if a man sue to recover any Right whereof his Ancestor was disseis'd by the Tenant or his Ancestor then he useth only the word debet in his Writ because solet is not fit by reason his Ancestor was disseis'd and the Custom discontinued but if he sue for any thing that is now first of all denyâ—d him then he useth both these words because his Ancestors before him and he himself usually enjoyed the thing sued for as sute to a Mill or Common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appears by the Reg. of Writs in the Writ De debito fol. 140. a. Debito or De debito Is a Writ which lies where a Man ows another a Sum of Money by Obligation or Bargain for any thing sold him Fitz. Nat. Br. fo 119. This Writ is made sometime in the detinet and not in the debet which properly falls out where a Man owes an Annuity or a certain quantity of Wheat Barley or such like which he refuseth to pay Old Nat. Br. fo 75. See Debet and solet Decem tales See Tales Deceit Deceptio dolus Is a Subtile wily Shift or Trick whereunto may be drawn all manner of Craft Subtilty Guile Fraud Slight Cunning Covin Collusion and Practise used to Deceave another Man by any Means which hath no other more proper or particular Name then Deceit or Offence West pa. 2. Symbol tit Inditements Sect. 68. See
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
Judges of Assise do sit in their several Circuits See Assise In our Statues it is often Printed Oyer and Determiner See 4 Inst fol. 162. Oyer de Record Audire Recordum Is a Petition made in Court that the Judges for better proof sake will be pleased to hear or look upon any Record So likewise to demand Oyer of a. Bond Deed or Covenant O Yes a corruption from the Fr. Oyez i. Hear ye Is well known to be used by the Cryers in our Courts when they make Proclamation of any thing P. PAagium Matth. Paris fol. 769. Fecit equos meos homines restare donec Paagium extorsisset Passagium scil sive telonium exactum pro transitu per alterius ditionem says the Glos Pack of Wool is a Horse-load Which consists of Seventeen Stone and two pound Fleta lib. 2. cap. 12. See Sarplar Packers Anno 15 Car. 2. cap. 14. Are those that barrel or pack up Herrings and they are to be sworn to do it according to the said Statute Packing Whites Anno 1 Rich. 3. cap. 8. A kinde of Cloth so called Pacification Pacificatio Anno 17 Car. 1. cap. 17. A peace-making quieting or appeasing relating to the Wars betwixt England and Scotland Anno 1638. Padnage The same with Pannage In Charta Regis Hen. 1. Ecclesiae S. Martini de Bello Pagaments A sort of Frize-cloth so called I finde it in the Journal Book of the Lords House of Parliament in a Statute of 1 Eliz. not Printed Pain fort dur Fr. Peine fort dure Signifies an especial punishment for those that being arraigned of Felony refuse to put themselves upon the ordinary tryal of God and the Countrey and thereby are mute or such in Interpretation of Law This is founded upon Westm 1. cap. 12. Note that this strong and hard pain shall be in this manner inflicted HE shall be sent back to the Prison whence he came and laid in some low dark House where he shall lie naked on the Earth without any Litter Rushes or other Clothing and without any Rayment about him but onely something to cover his Privy-members and he shall lie upon his Back with his Head covered and his Feet and one Arm shall be drawn to one quarter of the House with a Cord and the other Arm to another quarter and in the same manner it is to be done with his Legs and then there is to be laid upon his Body Iron and Stone so much as he may bear or more and the next day following he is to have three Morsels of Barley-bread without Drink and the second day Drink three times and as much at each time as he can drink of the Water next to the Prison door except it be Running Water without any Bread And this is to be his Diet until he die Stamf. Pl. Cor. lib. 2. cap. 60. Pais Fr. A Countrey or Region Trial per pais quod non intelligendum est de quovis populo sed de Compagensibus hoc est eorum qui ex eodem sunt Comitatu quem majores nostri pagum dixere incolas indâ— Pais g in i vel y converso Spelmans Glossar Palatin See County Palatine Palfrey Palfredus Palafredus Palefridus Fr. Palefray Insignioris equi genus nempe qui ad pompam aut honorem vectorum manu ducitur vulgo Palfrey ex Gal. Par le frain And sometimes of old taken for a Horse for a Womans Saddle W. Fauconberge tenebat Manerium de Cukeney in Com. Nott. in Sergientia per servitium ferrandi of shooing Palefredum Regis quando Rex venerit ad Mansfeld says Camden out of an ancient Inquisition See Coke on Litt. fol. 149. Palfrey-silber Custumam ibidem i. at Belvoir Castle vocat Palfrey-silber quae levari debet annuatim de Villis de Botâ—lcâ—ford Normanton Herdeby c. aliis Hamlettis Eschaet 23 Edw. 3. Post mortem Gul. de Roos de Hamlake Palingman Anno 22 Edw. 4. cap. 23. and 11 Hen. 7. cap. 23. Seems to be a Merchant Denizen one born within the English Pale Palls Anno 25 Hen. 8. cap. 20. Are Pontificial Vestures made of Lambs Wool in bredth not exceeding three Fingers and having two Labels hanging down before and behinde which the Pope gives or sends to Archbishops and Metropolitans who wear them about their necks at the Altar above their other Ornaments The Pall was first given to the Bishop of Ostia by P. Marcus the Second Anno 336. And the Preface to an ancient Synod here in England wherein Odo Archbishop of Canterbury presided begins thus Ego Odo humilis extremus divina largiente clementia almi Praesulis Pallii honore ditatus c. Seldens Hist of Tithes p. 217. Palmestry Anno 1 2 Phil. Ma. cap. 4. A kinde of Divination practised by looking on the Lines and Marks of the Fingers and Hands a deceitful art used by Egyptians mentioned in the said Statute and there misprinted Palmystry Palmata A handful Johannes Dei gratia Rex Angliae Sciatis noâ— pro amore Dei concessisse Leprosis S. Egidii de Salopesbirid quod habeant Palmatas bladi farinâ— de omnibus saccis qui cum blado farina exponuntur ad vendendum in morcato Salopeshiriae tam diebus mercati quam aliis sicut eas habuerunt tempore Hen. Regis Patris nostri de dono elemosyna ejusdem Regis sc de unoquoque sacco bladi Palmatam duarum manuum de sacco farinae palmatam unius manus sicut eas habuerunt de dono elemosyna praedicti Regis dicbus suis sicut eas modohabent habore debent Quare volumus c. Dat. per manum S. Praepositi Beverlaci Archid. Wellensis apud Wudestoke xix die Marcii anno Regni nostri quinto Pandoxatrix Item utimur de Pandoxatricibus quod nemo potest brasiare sive pandoxare in Villa Burgo nostro nisi per redemptionem aliquam factam ad voluntatem Comburgensium nostrorum si talis Pandoxatrix brasiaverit Assisam Domini nostri Regis in Burgo Villa positam Proclamatam fregerit Tunc debet per Balivos amerciari ad voluntatem Balivorum nostrorum non per pares suos primo secundo si tercia Vice Assisam fregerit debet capi per Balivos Capitales publice Duci ad locum ubi situatur le Gogingstole ibi debet eligere unum de duobus viz. An velit le Gogingstole ascendere an illud judicium redimere ad voluntatem Balivorum Ex Codice MS. de Legibus Statutis Consuetudinibus liberi Burgi Villae de Mountgomery a tempore Hen. 2. fol. 12. b. In Goldmans Dictionary I finde Pandox for a Drunkard or Swilbowl and Pandoxatorium a Brew-house But Pandoxatrix here seems to signifie an Ale-wife that both brews and sells Ale or Beer Panel Fortescu de legibus Angl. cap. 25. And Coke on Littl. pag. 158. b. write it Panellum in Latine but Sir H.
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out