from the French the other from the Saxons both conteining a circuit or portion of the realme into the which the whole land is diuided for the beter gouernment thereof and the more easie administration of iustice So that there is no part of the kingdome that lieth not within some countie and euery county is gouerned by a yerely officer whom we cal a Shyreeue which among other duties belonging to his office putteth in execution all the commandements iudgments of the kings courts that are to be executed within that compasse Fortescue cap. 24. Of these counties there be foure of especiall marke which therefore are tearmed countie Palatines as the county Palatine of Lancaster of Chester of Durham of Ely ann 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam an 33 H. 8. ca. 10. Vnde quaere And this county Palatine is a Iurisdiction of so high a nature that whereas all plees touching the life or mayhem of man called plees of the crowne be ordinarily held sped in the kings name cannot passe in the name of any other the chiefe gouerners of these by especiall charter from the king did heretofore send out all writs in their owne name and did all things touching iustice as absolutely as the Prince himself in other counties only acknowledging him their superiour and Soueraigne But by the statute anno 27. H. 8. c. 25. this power is much a bridged vnto the which I refer the reader as also to Crom. Iuris fo 137. for the whole course of this court Besides these counties of both sorts there be likewise counties corporate as appeareth by the statute anno 3. Ed. 4. 5. and these be certaine cities or auncient boroughs of the land vpon which the Princes of our nation haue thought good to bestow such extraordinary liberties Of these the famous city of London is one and the principall Yorke another an 32. H. 8. cap. 13. the city of Chester a third an 42. Eliz. cap. 15. Canterburie a fourth Lamb. Eiren. l. 1. cap. 9. And to these may be added many moe but I haue onely obserued out of the statutes other writers the county of the towne of Kingston vpon Hull anno 32. H. 8. cap. 13. the county of the towne of Havorford West anno 35. H. 8. cap. 26. and the county of Litchfield Cromptons Iustice of peace fo 59. a. County is in another significatiō vsed for the County court which the Shyreeue keepeth euery moneth within his charge either by himselfe or his deputie anno 2. Ed. 6 ca. 25. Cromptons Iuris fo 221. Bract. li. 3. c. 7. li. 3. tract 2. cap. 12. Of these counties or shires one with another there are reckoned in England 37. beside twelue in Walet 〈…〉 The word comitatus is also vsed for a iurisdiction or territorie among the Feudists Countie court curia comitatus by M. Lamberd is otherwise called conuentus in his explication of Saxon words and diuided into two sorts one retaining the generall name as the county court held euery moneth by the Shyreeue or his deputie the vnder-shyreeue whereof you may reade in Cromptons iurisd fol. 231. the other called the Turne held twice euery yeare which see more at large in his place and Cromptons Iurisd fol. 231. This countie court had in auncient times the cognition of these and other great maters as may appeare by Glanvile lib. 1. cap. 2 3. 4. by Bracton and Britton in diuers places and by Fleta li. 2. cap. 62. But that was abridged by the statute of Magna charta cap. 17. and much more by 1. Ed. 4. cap. vnico It had also and hath the determination of certaine trespasses and debts vnder forty shillings Britton cap 27. 28. what maner of proceeding was of old vsed in this court see Fleta vbi supra Coursitour See Cursetour Court curia commeth of the French court which signifieth the kings palace or mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus diuided the whole number of the Romaines sometime also the Senate house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curia agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput vrbis c. Court with vs signifieth diuersly as the house where presently the king remaineth with his ordinarie retinue and also the place where iustice is iudicially ministred of which you finde 32. seueral sorts in M. Cromptons booke of Iurisdictions well described And of them most be courts of record some be not and therefore are accompted base courts in comparison of the rest Beside these also there are courts Christian Smith de repub Anglor lib. 3. cap. 9. which are so called because they handle maters especially appertaining to Christianitie and such as without good knowledge in diuinity cannot be well iudged of being held heretofore by Archb. and Bishops as from the Pope of Rome because he chalenged the superioritie in all causes spirituall but sithence his eiection they hold them by the kings authoritie virtue magistratus sui as the Admirall of England doth his court Whereupon it proceedeth that they send out their precepts in their owne names and not in the kings as the Iustices of the kings courts doe And therefore as the appeale from these courts did lie to Rome now by the statute an 25. H. 8. cap. 19. it lyeth to the king in his Chauncerie Court baron curia baronis is a court that euery lord of a maner which in auncient times were called barons hath within his owne precincts Barons in other nations haue great territories and iurisdiction from their Soueraignes as may be proued out of Cassanaeus de gloria mundi parte 5. consideratio 56. by Vincentius de Franchis descis 211. and many others But here in England what they be and haue bene heretofore see in Baron Of this court Baron you may reade your fill in Kitchin that writeth a large booke of it and of a court leete S. Edward Coke in his fourth booke of Reports amongst his copyhold cases fol. 26. b. saith that this court is two after a sort and therefore if a man hauing a maner in a towne and do graunt the inheritance or the copyholders thereunto belonging vnto another this grantee may keep a court for the custumarie tenents and accept surrenders to the vse of others and make both admittances and graunts the other court is of Freeholders which is properly called the court baron wherein the suyters that is the Freeholders be Iudges whereas of the other the Lord or his steward is Iudge Court christian curia christiana See Court Court of Pypowders See Pypowders Court of Requests curia requestarum is a court of equitie of the same nature with the Chancerie principally instituted for the helpe of such
spices and drugs to be garbleled 1. Iaco. 19. Day dies is sometime vsed in the lawe for the day of appearance in court either originally or vpon assignation and sometime for the returnes of writs For example daies in bank be daies set downe by statute or order of the court when writs shall be returned or when the partie shall appeare vpon the writ serued And of this you may read the statutes anno 51. H. 3. ca. 1. 2. Marlb ca. 12. anno 52. H. 3. and the statute de anno bissextili anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dismissed with out day is to be finally discharged the court Kitchin fo 193. He had a day by the rolle Kitchin fo 197. that is he had a day of appearance assigned him Day yeere and waste Sea Dies and yeare Deadly feude feuda is a profession of an vnquencheable hatred vntill we be reuenged euen by the death of our enemie It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is vsed anno 43. Eliz. cap. 13. Dead pledge mortuum vadium See Mort gage Deane decanus is an ecclesiasticall magistrate so called of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power ouer ten Canons at the least How be it in England we vse to call him a deane that is next vnder the bishop and cheife of the chapter ordinarily in a cathedrall church and the rest of the societie or corporation we call Capitulum the chapter But this word how diuersly it is vsed read Lindwood titulo de iudiciis ca. pri verbo Decanirurales where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasticall ouer other ministers and parishes neere adioyning assigned vnto them by the Bishop and archdeacon being placed displaced by them As there be two foundations of cathedrall churches in England the old the new the new bethose which Henry the 8. vpon suppression of abbeyes transformed from abbot or prior couēt to deane and chapter so be there two meanes of creating these deanes For these of the old foundation are brought to their dignitie much like Bishops the king first sēding out his congè d' eslire to the chapter the chapter then chusing the king yeelding his royal assēt and the Bishop confirming him and giuing his mandate to installe him Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents without either election or confirmation This word is also applyed to diuers that are the chiefe of certaine peculiar Churches or chapels as the deane of the kings chapell the deane of the Arches the deane of Saint George his chapell in Windsour the deane of Bockin in Essex Debet solet These words are diuers times vsed in the writers of the common lawe and may trouble the minde of a young student except he haue some aduertisement of them For example it is saide in the old nat br fo 98. This writ de secta molendini being in the debet and solet is a writ of right c. and againe fo 69. A writ of Quod permittat may be pleaded in the countie before the shyreeue and it may be in the debet and in the solet or the debet with out the solet according as the Demandāt claymeth wherfore note that those writs that be in this sort brought haue these words in them as formall words not to be omitted And according to the diuersity of the case both debet and solet are vsed or debet alone that is if a man siew to recouer any right by a writ whereof his awncester was disseised by the tenent or his awncester then he vseth onely the word debet in his writ because solet is not fit by reason his awncester was disseised and the custome discontinued but if he siew for any thing that is now first of all denied him then he vseth both these words debet so'et because his awneesters before him and he him selfe vsually imoyed the thing siewed for as suite to a mille or common of pasture vntill this present refusall of the tenent The like may be saide of debet and detinet as appeareth by the Register orig in the writ de debito fo s 40. a. Debito is a writ which lieth where a man oweth to another a certaine summe of mony-vpō an obligation or other bargain for any thing sold vnto him Fitz. nat br fo 119. This writ is made somtime in the Detinet not in the Debet which properly falleth out where a man oweth an annuitie or a certaine quantity of wheat barley or such like which he refuseth to pay old nat br fo 75. See Debet Solet Denelage denelagia is the law that the Danes made heere in England out of which and Merchenlage and West Sexonlage the Conquerour compounded certaine ordinances for his subiects Camdeni Britan. pa. 94. pa. 183. Decem tales See Tales Decies tantum is a writ that lieth a gainst a Iurour which hath taken mony for the giuing of his verdict called so of the effect because it is to recouer ten times so much as he tooke It lieth also against embracers that procure such an enquest anno 38. Ed. 3. ca. 13. Reg. orig fo 188. Fitzh nat br fo 171. New booke of Entrise verbo Decies tantum Deceyte déceptio fraus dolus is a subtile wilie shift or deuiso hauing noe other name Hereunto may be drawen all maner of craft subtiltie guile fraude wilynes slightnes cunning couin collusion practise and offence vsed to deceiue another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decenniers See Deciners Deceptione is a writ that lieth properly against him that deceitfully doth any thing in the name of another for one that receiueth harme or dāmage therby Fuzh. nat br fo 95. This writ is either originall or iudiciall as appeareth by the old nat br fo 50. where you may reade the vse of both For some satisfaction take these words of that booke This writ of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise euill intreated as it appeareth by the Register c. And when it is iudiciall then it lieth out of the rols of record as in case where scire facias is sent to the Shyreeue that he warme a man to be before the Iustices at a certaine day and the Shyreeue returne the writ serued whereas the said man was not warned by which 〈◊〉 partie that sieweth tho scire 〈…〉 as recouereth then the party which ought to haue beene warned shall haue the saide writ against the Shyreeue The author of the termes of lawe verbo Deceite saith that the
H. 3. ca. 7. ca. 9. ca. 12. See old nat breu fol. 71. b. See grand distresse what thngs bee distreinable and for what causes See the newe Termes of lawe verbo Distresse Of this also see more in Attachment Distringas is a writ directed to the Shyreeue or any other ofofficer commanding him to distreine one for a debt to the king c. or for his appearance at a day See great diuersitie of this writ in the table of the Register iudicial verbo Distringas Divise See Devise Dividends in the Exchequer seemeth to be one part of an Indenture anno 10. Ed. 1. ca. 11. anno 28. eiusdem Stat. 3. ca. 2. Dyvorce See Devorce Docket is a brife in writing anno 2. 3. Ph. Mar. ca. 6. West writeth it Dogget by whome it seemeth to be some small peece of paper or parchement conteining the effect of a larger writing Symbol parte 2. titulo Fines sect 106. Doctor and Student is a booke conteining certaine dialogues betweene a D. of Diuinitie and a Student at the common Law wherein are conteined questions and cases as well of the equitie and conscience vsed in the common Lawe as also a comparison of the Civile Canon and common lawe together very worthy the reading The author is said by D. Cosin in his Apologie to bee a gentleman called Saint German The booke was written in the daies of H. 8. To do lawe facere legem is as much as to make lawe 23. H. 6. ca. 14. See Make. Dogge drawe is a manifest deprehension of an offender against venison in the forest There bee foure of these noted by M. Manhood parte 2. of his forest lawes ca. 18. nu 9. viz. Stablest and Dogge drawe Back beare and Bloodie hand Dogge drawe is when one is found drawing after a deere by the sent of a hound that he leadeth in his hand Dogger a kinde of shippe an 31. Ed. 3. Stat. 3. ca. pr◠Doggerfish ibid. c. 2. seemeth to bee fish brought in those ships to Blackcney hauen c. Dogger men anno 2. H. 8. ca. 4. Dogget See Docket Domo reparanda is a writ that lyeth for one against his neighbour by the fall of whose house he feareth hurt toward his owne house Register originall fol. 153. for this point The ciuilians haue the action de damno infecto Dole fishe seemeth to be that fish which the fisher men yerely imployed in the north sease doe of custome receiue for their allowance See the statute a. 35. H. 8. ca. 7. Donatyue is a benefice meerely giuen and collated by the Patron to a man without either presentation to the Ordinary or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the statute anno 8. R. 2. cap. 4. Of this Petr. Gregor de beneficiis cap. 11. nu 10. hatl these words Si tamen Capellaniae fundatae per Laicos non fuerint a Dioecesano approbatae vt loquuntur spiritualizatae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Ioh. Faber ad § Nullius De rerum divis Ideo fundatores haeredes eorum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profona beneficia Guido Papaeus descis 187. See also Gregorius lib. 15. ca. 29. sui syntagmatis nu 11. I finde in the preface of M. Gwins readings that as the king might of auncient times found a free Chapell and exempt it from the iurisdiction of the Diocesan so hee might also by his leters patents licence a common person to found such a chapell and to ordeine that it shal be donatiue not presentable and that the Chaplaine shall be depriueable by the founder and his heires and not by the Bishop And this is likest to bee the originall of these Donatiues in England Fitzh saith that there be certaine Chauntries which a man may giue by his leters patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were donatiue by the king Coke li. 3. fo 75. b. Doomes day Rotulus Wintoniae domus Dei Coke in Praefatione ad librum suum is a booke that was made in king Ed. the Confessors dayes as the author of the old nat br saith f. 15. containing in it not onely all the lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon wordes verbo Ius Dacoru c. proueth out of Gervasius Tilburiensis that this booke was made in William the Conquerors time with whome agreeth M. Camden in his Britan. pag. 94. prouing it out of Ingulphus that flourished the same time And for the beter commendation of the booke it is not amisse to set downe the words of Ingulphus touching the contents thereof Totam terram descripsit Nec erat hyda in tota Anglia quin valorem eius possessorem scivit nec lacus nec locus aliquis quin in Regis rotulo extitit descriptus ac eius reditus proventus ipsa possessio eius possessor regiae notitiae manifest atus iuxta taxatorum fidom qui electi de qualibet patria territorium proprium describebant Iste rotulus vocatus est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the Statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regii ratione which seemeth to be taken out of the Booke called Liber rubeus in the Exchequer It is termed liber Iudicatorius and the reason why quia in eo totius Regni descriptio diligens continetur tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia exprimitur Dorture Dormitorium anno 25. H. 8. ca. 11. is the common roome place or chamber where all the friers of one couent slept and lay all night Dote assignanda is a writ that lieth for a widowe where it is found by office that the kings tenent was seised of tenements in fee or fee taile at the day of his death c. and that hee holdeth of the king in cheife c. For in this case the widowe commeth into the Chauncerie and there maketh oath that shee will not mary without the kings leaue Anno 15. Ed. 3. ca. 4. and herevpon shee shall haue this writte to the Escheatour for which see the Register originall fol. 297. and Fitzh nat br f. 263. And this sort of widowes is called the kings widowe See Widowe Dote vnde nihil habet is a writ of dower that lyeth for the widow against the tenent which hath bought land of her husband in his life time whereof he was feised solely in fee simple or fee taile in such sort as the issue of them both might haue inhereted it Fitzh
for the view perrambulation meering bounding of the place that he mindeth to afforest which returned into the chauncerie proclamation is made throughout all the Shire where the ground lieth that none shal hunt or chace any maner of wilde bests within that precinct without the kings speciall licence after which he appointeth ordinances lawes and officers fit for the preseruation of the vert and venison and so becommeth this a forest by mater of record The properties of a forest are these in speciall first a forest as it is truly and strictly taken cannot be in the hands of any but the king the reason is giuen by M. Manwood because none hath power to graunt commission to a Iustice in Eire for the forest but the king parte 1. pag. 87. The second propertie be the courts as the Iustice seate every three yeare the Swainemoote thrice every yeare Idem eodem pag. 90. parte 2. ca. 1. nu 4. 5. and the attachement once every fortie daies Idem eod pag. 92. The third propertie may be the officers belonging vnto it for the preservation of the vert and venison as first the Iustices of the forest the warden or keeper the verders the foristers Agistours Regarders Bailiffes Bedels and such like which you may see in their places See Manwood part 2. ca. 1. nu 4. 5. But the cheife propertie of a forest both by M. Manwood parte 1. pa. 144. and M. Crompton pag. 146. is the Swainmote which as they both agree is no lesse incident vnto it then the court of Pyepowders to a faire Other courts and offices are not so requisite in those forests that are in the hands of subiects because they be not truly forests but if this faile then is there no thing of a forest remaining but it is turned into the nature of a chace See Chace I reade of thus many forests in England The forest of Windsour in Berkshire Cambd. Britan. pag. 213. of Pickering Crompton 190. of Shirwood idem fol. 202. of Englewood in Cumberland anno 4. H. 7. ca. 6. Crompton fol. 42. of Lancaster Idem fol. 196. of Wolemore Stowes Annals pag. 462. of Gillingham Idem pag. 113. of Knaresborow anno 21. H. 8. ca. 17. of Waltham Camd. pag. 328. of Breden Idem pag. 176. of Whiteharte Idem pag. 150. of Wiersdale Idem pag. 589. and Lownsedall ibidem of Deane Idem pag. 266. anno 8. H. 6. ca. 27. anno 19. H. 7. cap. 8. of Saint Leonards in Southsex Manwood parte 1. pa. 144. of Waybridge Sapler Idem eodem pa. 63. of Whitvey pag. 81. of Fekenham Camd. pa 441. of Rockingham Idem pag. 396. Forest de la mer. Idem pag. 467. of Huckstowe Idem pa. 456. of Haye Manwood part 1. pag. 144. of Cantselly eadem pag. of Ashdowne in the county of Sussex anno 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the countie of Northampton anno 33. H. 8. ca. 38. of Fronselwood in com Somerset Cooke li. 2. Cromw case f. 71. b. I heare also of the forest of Exmore in Deuonshire There may be more which he that listeth may looke for Forester forestarius is a sworn officer of the Forest appointed by the Kings leters patents to walke the forest both earely and late watching both the vert and venison attaching and presenting all trespassers against them within their owne bayliwicke or walke whose oath you may see in Crompton fol. 201. And though these leters patents be ordinarily graunted but quam diu bene se gesserint yet some haue this graunt to thē and their heires and thereby are called Foristers or Fosters in fee. Idem fol. 157. 159. Et Manwood parte prima pag. 220. whome in Latine Crompton calleth Foristarium feudi fol. 175. Foreiudger forisiudicatio signifieth in the common lawe a iudgement whereby a man is depriued or put by the thing in question It seemeth to bee compounded of fo rs i. praeter iuger i. iudicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisiudicatur de custodia c. So doth Kitchin vse it fol. 209. and old nat bre fol. 44. 81. and the statute anno 5. Ed. 3. cap. 9. and anno 21. R. 2. cap. 12. Foriudicatus with authors of other nations signifieth as much as banished or as deportatus in the auncient Romaine lawe as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis lib. 3. feudorum Rub. 31. pag. 625. Foregoers be pourveyours going before the king or queene being in progresse to prouide for them anno 36. Ed. 3. cap. 5. Forfeiture forisfactura commeth of the French word forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall lawe then the transgression it selfe as forfeiture of Escheates anno 25. Ed. 3. cap. 2. Statut. de Proditionibus Goods confiscate and goods forfeited differ Stawnf pl. cor fol. 186. where those seeme to be forfeited that haue a knowne owner hauing committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendour as not his owne nor claymed by any other I thinke rather that forfeiture is more generall and confiscation particular to such as forfeit onely to the Princes Exchequer Reade the whole chapter lib. 3. cap. 24. Full forfeiture plenaforisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte prim pag. 341. The Canon Lawyers vse also this word For forisfacta sunt pecuniariae poenae delinquentium Glos in cap. Praesbyteri extra de poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who houlding by knights seruice and being vnder age and vnmaried refuseth her whome the Lord offereth him without his disparagement and marieth another Fitzh nat br fol. 141. H. I. K. L. Register orig fol. 163. b. Forfeng quiet antiam prioris prisae designat in hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. cap. 47. Forgerie See here next following Forger of false deeds Forger of false deedes commeth of the french Forger i. accudere fabricare conflare to beate one an anvile to fashion to bring into shape and fignifieth in our common law either him that fraudulently maketh and publisheth false writings to the preiudice of any mans right or else the writ that lyeth against him that committeth this offence Fitzh nat br fol. 96. B. C. calleth it a writ of deceite See Tearmes of law verbo Forger and Wests Simbol parte 2. Indictments sectio 66. See the new booke of Entries verbo Forger de faits This is a branch of that which the ciuilians call crimen falsi Nam falsarius est qui decipiendi causa scripta publica falsificat Speculator de crimine
the Mayor and the Aldermen for misgouernment within the citie Forbarre is for euer to depriue an 9. Ric. 2. ca. 2. Force Forcia is a french word signifiing vim nervositatem fortitudinem virtutem in our common lawe it is most vsually applied to the euill part and signifieth vnlawfull violence West thus defineth it Force is an offence by which violence is vsed to things or persons parte 2. symbol titulo Inditements sect 65. where also he diuideth it thus Force is either simple or compound Simple is that which is so committed that it hath no other crime adioyned vnto it as if one by force doe onely enter into an other mans possession without doing any other vnlawfull act there Mixt force is that violence which is committed with such a fact as of it selfe onely is criminall as if any by force enter into another mans possession and kill a man or ravish a woman there c. he farder diuideth it into true force and force after a sort and so proceedeth to diuers other braunches worth the reading as forcible entry forcible deteining vnlawfull assembly Rowtes Riets Rebellions c. Forcible deteining or withholding of possession is a violent act of resistance by strong hand of men weaponed with harnes or other action of feare in the same place or else where by which the lawfull entrie of Iustices or others is barred or hindred West parte 2. symbol titulo Inditements sect 65. M. of this see Cromptons Iustice of peace f. 58. b c. vsque ad 63. Forcible entrie Ingressus manu fortifactus is a violent actuall entrie into an house or land c. or taking a distresse of any person weaponed whither he offer violence or feare of hurt to any there or furiously driue any out of the possession thereof West parte 2 symbol titulo Inditements sect 65. L. of this see Cromptons Iustice of peace fol. 58. b. 59. c. vsque 63. It is also vsed for a writ grounded vpon the statute anno 8. H. 6. ca. 9. whereof reade Fitz. nat br at large fol. 248. See the newe booke of Entries verbo Forcible Entrie see Lamb. definitiō in certen cases Eiren. l. 2. c. 4. p. 145. Forein Forinsecus commeth of the french Forain i. exterus externus it is vsed adiectiuely in our common lawe and ioyned with diuers substantiues in sences not vnworthy the exposition as Forein mater that is mater triable in another countie pl. cor fo 154. or mater done in another countie Kitchin fol. 126. Foreinplea forinsecum placitum i. a refusal of the Iudge as incompetent because the mater in hand was not within his precincts Kitchin fol. 75. anno 4. H. 8. ca. 2. anno 22. eiusdem ca. 2. 14. Forein aunswer that is such an answer as is not triable in the countie where it is made anno 15. H. 6. ca. 5. Forein seruice forinsecum servitium that is such service whereby a meane Lord holdeth ouer of another without the compasse of his owne fee. Brooke titulo Tenures f. 251. nu 12. 28. Kitchin fol. 209. or else that which a tenent performeth either to his owne Lord or to the Lord paramount out of the fee. For of these seruices Bracton speaketh thus lib. 2. cap. 16. nu 7. Item sunt quaedam seruitia quae dicuntur forinseca quamvis sunt in charta de feoffamento expressa nominata quae ideo dici possunt forinseca quia pertinent ad Dominum Regem non ad dominum capitalem nisi cum in propria persona profectus fuerit in seruitio vel nisi cum pro seruitio suo satisfecerit domino Regi quocunque modo fiunt in certis temporibus cùm casus necessitas evenerit varia habent nomina diuersa Quandoque enim nominantur forinseca large sumpto vocabulo quoad seruitium domins Regis quandoque scutagium quandoque seruitium domini Regis ideo forinsecum dici potest quia fit capitur foris siue extra seruitium quod fit Domino capitali v. Broke Tenures 28. 95. Forein seruice seemeth to be knights seruice or Escuage vncertaine Perkins Reseruations 650. Forein attachement Attachiamentum forinsecum is an attachement of foriners goods found within a libertie or citie for the satisfaction of some citizen to whome the said foriner oweth money Forein Apposer forinsecarum oppositor is an officer in the exchequer to whom all shyreeues and baylifes doe repaire hy him to be opposed of their greene waxe and from thence draweth downe a charge vpon the shyreeue and baylife to the clerk of the pipe Forest Foresta is a french word signifiing a great or vast wood Lieu forestier saüuage locus syluestris saltuosus The writers vpon the common law define it thus Foresta est locus vbi ferae inhabitant vel includuntur glos in ca. cum dilecti extra de donatio Felinus in ca. Rodolphus versu quid autem Foresta extra de rescriptis speaketh to the same effect Some other writers doe say it is called foresta quasi ferarum statio vel tuta mansio ferarum But as it is taken with vs M. Manw. in his secōd part of forest lawes cap. 1. nu 1. thus defineth it A Forest is a certaine territorie of wooddy grounds fruitfull pastures priviledged for wild beasts and foules of forest chace and warren to rest and abide in in the safe protection of the King for his princely delight and pleasure which terrioritie of ground so priuiledged is meered and bounded with vnremoueable markes meeres and Boundaries either knowne by mater of record or else prescription and also replenished with wild beasts of Venerie or chase and with great coverts of vert for the succour of the said wild beasts to haue their aboad in for the preseruation continuance of which said place togither with the vert and venison there are certaine particular lawes priviledges and officers belonging to the same meete for that purpose that are onely proper vnto a forest and not to any other place The same definition he hath parte 1. pag. 139. which though it haue many superfluities yet it well expresseth the nature of the thing especially the explication adioyned which there is set downe by the said author in both places in his first part pag. 16. where he fetcheth a forest from such overgrowne antiquitie alledging for it the second booke of Kings ca. 2. ver 24. ca. 19. vers 23. and the 104. psalme vers 20. the 131. ver 6. he taketh licence to sport himselfe for though our english translation haue the word forest to expresse the vastnes of the desert yet if we looke to the originall Idiome we shall finde no more reason to call those places forests thē either chases or parks The maner of making forests as the same author well setteth downe parte 1. pag. 142. is this The king sendeth out his commissiō vnder the broad seale of England directed to certaine discreete persōs