Hillaire prochain venant William Clopton du Counte de Suffolke Esquier pour adunques respondre devant nous ou nostre Lieutenant en la Cour de Chivalrie a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes ad appose le Seel de ces Armes a un faux forge fait as domages du dit Robert de Cl. plus a ce quil dit Remandantz par d'evers nous a dit jour ove icest nostre mandement tout ce que vous en aurez faitz Donne soubz le seel du nostre Office le xxiii jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme Courtilage See Curtilage Couthutlaugh Sax. Couch sciens Utlaugh exlex Is he that willingly receives a Man out-lawed and cherishes or conceals him In which case he was in ancient time subject to the same punishment that the Outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. Cranage Cranagium Is a liberty to use a Crane for drawing up Wares from the Vessels at any Creek of the Sea or Wharff unto the Land and to make profit of it It signifies also the Money paid and taken for the same New Book of Entries fol. 3. Crastino Sancti Uincentii i. the morrow after the Feast of St. Vincent the Martyr which is 22 Januarii Is the date of the Statutes made at Merton Anno 20 Hen. 3. Cravent or Craven In a tryal by Battel upon a Writ of Right the ancient Law was That the Victory should be proclaimed and the vanquished acknowledge his fault in the audience of the people or pronounce the horrid word Cravant in the name of Recreantise c. and presently Judgment was to be given and after this the Recreant should Amittere liberam legem that is He should become infamous c. See 2 Part. Instit fol. 247 248. We retain the word still for a Coward If the Appellant joyn Battel and cry Craven he shall lose liberain legem but if the Appellee cry Craven he shall be hanged 3 Inst fol. 221. Crayer Seems to be a kinde of small Sea-Vessel or Ship mentioned in the Stat. 14 Car. 2. cap. 27. Creansor Creditor of the Fr. Coyance persuasio Signifies him that trusts another with any debt be it in Money or Wares Old Nat. Br. fol. 67. Anno â—8 Edw. 3. cap. 5. Creast-tile See Roof-tile Créek Creca Seems to be a part of a Haven where any thing is landed from the Sea So that when you are out of the main Sea within the Haven look how many Landing places you have so many Creeks may be said to belong to that Haven See Cromp. Jurisd fol. 110. a. This word is mentioned in the Stat. 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow Casu Ronyger Fogassa Crocards A sort of Money See Pollards Croft Sax Croftus Crofta A little Close or Pitle enclosed near a Dwelling House for any particular use Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus pro se hominibus sive tenentibus suis includere Crofâ—os sive pratum juxia pontem separalitèr quantum illis placuerit Ingulf In some ancient Deeds Crufta occurs as the Latin word for a Croft but Cum Toftis Croftis is most frequent Crosses Cruce signati Are used by Britton cap. 122. for Pilgrims because they wear the sign of the Cross upon their Garments Of these and their Priviledges read Bracton lib. 5. pâ— 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy cap. 49. Under this word are also signified the Knights of S. John of Jerusalem created for the deâ—ence of Pilgrims and all those worthy Men of the Nobility and Gentry of England who in the Reigns of King Henry the Second Richard the First Henry the Third and Edward the First were Cruce signati as dedicating and listing themselves to the Wars for the recovery of Jerusalem and the Holy Land Greg. Syntag. lib. 1â— cap. 13 14. Euekingstool or Cokestool Tumbrella Is an Engin invented for the punishment of Scolds and unquiet Women by Ducking them in the Water called in ancient time a Tumbrel Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella Kitchin cap. Charge in Court Leet fol. 13. a. says Every one having view of Frank-pledge ought to have a Pillory and a Tumbrel This was in use even in our Saxons time by whom it was called Sâ—eal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and described to be Cathedra in qua rixosae mulieres sedentes aquis demergebantur And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws who were thereupon in such a Stool or Chair to be ducked and immerged in Stercore some muddy or stinking Pond Cudutlaugh See Couthutlaugh Cut antè divortium Is a Writ which a Woman divorced from her Husband hath to recover Lands or Tenements from him to whom her Husband did alienate them during the marriage because during the marrige she could not gainsay it Reg. of Writs fol. 233. Fitâ— Nat. Br. fol. 204. Cui in vita Is a Writ of Entry which a Widow hath against him to whom her Husband alienated her Lands or Tenements in his life time which must specifie that During his life she could not withstand it Reg. of Writs fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries verbo Cui in vita Culagium Is when a Ship is laid in the Dock to be repaired M. S. Arth. Trevor Arm. de Plac. Edw. 3. Culvertage Culvertaginm from Culum vertere to turn tail Omnes cum equis armis jussit sub nomine Culvertagii convenire Matth. Paris fol. 233. That is under the penalty of Cowardise or being accounted Cowards See Gloss in x. Scriptores Cunage Cunagium De Cunagio Stanneriae de emptione totius Stanni in Com. Devon Cornub. Rot. Pat. 21 Edw. 3. See Coinage Cuneus A Mint or place to Coyn Money in Mandatum est Reginaldo de Cornhil c. Sciatis quod concessimus venerabili Patri nostro Cicestr Fpiscopo quod habeat Cuneum suum in Civitate Cicestriae quod currat donec nostri in eadem civitate currant tunc una cum illis currat Et ideo vobis praecipimus quod ei vel certo nuncio suo Cuneum illum habere sine dilatione faciatis 〈◊〉 29 Apr. Claus 6 Joh. m. 3. Cuntey-Cuntey Is a kinde of tryal as appears by Bracton in these words Negotium in hoc casu terminabitur per Cuntey-Cuntey sicut inter Cohaeredes And In brevi de recto negotium terminabitur per Cuntey-Cuntey which seems to be as much as the Ordinary Jury Bracton lib. 4. tract 3. cap. 18. Curfeu Ignitegium of the Fr. Couvrir feu i. Cover the Fire Signifies an Evening Peal by which the Conqueror
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
Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
ÎΟΜΟ-ΛΕΞΙΚΟΠA Law-Dictionary Interpreting such difficult and obscure WORDS and TERMS As are found either in Our Common or Statute Ancient or Modern LAWES WITH REFERENCES to the several Statutes Records Registers Law-Books Charters Ancient Deeds and Manuscripts wherein the Words are used And Etymologies where they properly occur Coke on Littl. fol. 68. b. Ad rectè docendum oportet primùm inquirere Nomina quia rerum cognitio à nominibus rerum dependet By THOMAS BLOVNT of the Inner Temple Esq In the SAVOY Printed by Tho. Newcomb for John Martin and Henry Herringman at the Sign of the Bell in S. Pauls Churchyard and a little without Temple-Bar and in the New Exchange 1670. To the Right Honorable Sir Orlando Bridgeman Knight and Baronet Lord Keeper of the Great Seal of England Sir John Kelynge Knight Lord Cheif Justice of His Majesties Court of Kings Bench and Sir John Vaughan Knight Lord Cheif Justice of His Majesties Court of Common Pleaâ— MY LORDS AS it is certainly my bounden duty to offer and submit these my timorous and bashful endeavors to your great Judgments so it is my Interest to implore the benignity of your auspicious Patronage of them For the publishing these Papers I had onely two Motives The first and principal to erect a small Monument of that vast respect and deference which I have for your Lordships who are not onely the Oracles of our Law and Grand Exemplars of Justice but the glory and ornament of that Honorable Society whereof however unworthy I boast my self a Member and which at present justly claims the preheminence above the rest by producing more persons dignified with the Judiciary scarlet Robe then the other Three and filling up by due merit the most eminent Seats of Judicature in the Nation The other to gratifie an ambitious inclination of my own of leaving behinde me somewhat how inconsiderable soever that may in some measure excuse me to posterity from having been a truantly and useless Member of that Learned and Active Body If your Honors shall allow me to have fulfil'd my duty in the one and obtained my design in the other I have the desired effect of my Labors Nor hath my greatest ambition any thing higher to aym at then that I may with your Lordships permission subscribe my self My Lords Your most humble and obedient Servant THO. BLOUNT Inner Temple 20 June 1670. Preface SOme will perhaps wonder why I took so much pains to write this Book and object that we have two good Ones of this kind extant Cowels Interpreter and Terms of the Law nay haply thrust in Leighs Phylological Commentary as a third I answer though it is not my design to raise the reputation of this Work by disvaluing Those yet it may be allowable modestly to declare their Defects that my undertaking this may not appear unnecessary Doctor Cowel was certainly a Learned Man and his Enterprise very commendable but his Profession the Civil Law and that he did not singly intend his Interpreter for us appears by his often expressing what each word signifies in the Common Law to distinguish it from the Civil in which learning he bestowes a considerable part of his Book He ingenuously says His design is the advancement of knowledge and to incite others to finish his model and supply his defects which in truth are not a few For he directly mistakes the meaning of some Words and derivation of others as Ordel Mindbruch Brodehalpeny Furlong Avishering Thirdwith-hawanman c. He confounds Realty with Royalty and Commote with Comorth which are distinct words In the word Honor he sayes that in reading he has observ'd thus many Honors in England and sets down 25 wherein either his Reading was short or his observations defective for I have collected above twice that number out of approved Authors and Records in being when he wrote He is sometimes too prolix in the derivation of a Word setting down several Authors Opinions without categorically determining which is the true as in Exchequer Withernam Herald Earle Justices of Trailbaston Pawnage Purlieu c. And lastly gives us divers bare Words without explication as Cone Key Calendring Coggs Duch Lancegay Palingman Bread of treet c. which I have supply'd Not but that I have lest some quaere's too but those in Words of greater difficulty The Author of the Law-Terms was without doubt not less learned but wrote so long since that his very Language and manner of expression was almost antiquated till help'd by the late correction of it He has added to divers Words several Cases in Law relating thereto in general not tending much to their explication which I have declin'd lest the bulk should swell too big and the principal Design be wav'd He omits the Etymons for the most part and is much more copious in the first part of the Alphabet then in the later which argues the Author had not time or perseverance to finish it They are both much wanting in the number of Words especially the later For Cowel glean'd many after the Author of the Law-Terms had inn'd his Harvest yet both have much useless and repealed Law in them as in reference to Tenures by Knights-service and their Appendiâ—â—s Wardship Villenage Purveyance Star-chamber Knighthood c. For thus sayes the learned Author of the Preface to Roll's Abridgment As time and experience and use and some Acts of Parliament have abridg'd some and antiquided other Titles so they have substituted and enlarged others Cowel also especially in the Folio Edition besides the misalphabeting is extreamly misprinted yet the Terms of the Law will still deservedly retain an usefulness pro tanto and particularly for the Law-French to instruct the young Student therein Leigh affords not the least Objection against my Undertaking for he is a Commentator not an Expositor his Title speaks it though sometimes he acts a little in both capacities Having found these among other as I judg'd important defects in those Authors consider'd the usefulness of Books of this Nature and reflected on these Expressions of the Oracle of our Law Here as in many other places it appears how necessary it is to know the signification of Words And again That the explanation of ancient Words and the true sence of them is requisite to be understood per verba notiora I was encourag'd to bestow my endeavour herein And it will abate the wonder that I who inter doctos me non effero should yet not onely assume the liberty in many places to correct those learned Authors but also make an additional collection of above a thousand Words if it be consider'd That they wanted those Helps I have had viz. That incomparable Glossarium Arohaiologicum of Sir Henry Spelman The elaborate Institutes of Sir Edward Coke That excellent Dictionarium Saxonico-Latino-Anglicum of Mr. Somner The Learned Works of Mr. William Dugdale Mr. Fabian Philips and others publish'd since those Authors wrote My Genius has also led me though sometimes
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
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
with Camden and sets down the victories whence this Order was occasion'd whatsoever cause of beginning it had the Order is inferior to none in the World in Honor or Antiquity consisting of 26 Martial and Heroical Nobles whereof the King of England is the Chief and the rest are either Nobles of the Realm or Princes of other Countries friends and confederates with this Nation the Honour being such as Emperours and Kings of other Nations have desired and thankfully accepted it being long before the order of St. Michael in France the Golden Fleece in Burgundy or the Anunciada in Savoy The Ceremonies of the Chapter proceeding to Election the Investitures and Robes the Installation Vow with such other observations see in Segars Honor militar civil lib. 2. ca. 9. fol. 65. See Knights of the Garter and Seldens Titles of Honour fol. 792. Garter also signifies the Principal king at Armes among our English Heralds attending upon the Knights thereof created by King Henry the Fifth and mentioned in the Statute 14 Car. 2. ca. 33. See Herald Garth In the North of England signifies a Back-side or a little Close or Homestead also a Dam or Wear in a River where Fish are caught called a Fish-garth It seems to be an ancient British word For Gardd in that language signifies a Garden the dd being liquefy'd in the pronunciation like th Garthman Anno 17 Rich. 2. ca. 9. It is ordained that no Fisher nor Garthman shall use any Nets or Engins to destroy the fry of fish c. Whereby it seems to signifie one that keeps or owns an open Wear where Fish are caught It may haply be derived from the Scottish word Gart which signifies forced or compelled because the Fish are forced by the Wear to pass in at a loop where they are caught Gavel Sax. gafel Tribute Toll Custom yearly Rent Payment or Revenue Of which we had of old several kinds paid by Tenants to their Landlords As Gavel-Corn Gavel-malt Oate-gavel Gavel-fodder As you may read in Mr. Fabian Philip's Book Entituled Mistaken Recompence pa. 39 40. Gavelet Is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkind continues whereby the Tenant shall forfeit his Lands and Tenements to the Lord if he withdraw from him his due Rents and Services after this manner The Lord must seek by the award of his Court from three weeks to three weeks to fin I some distress upon the Tenement until the fourth Court alwayes with Witnesses and if in that time he can find none then at the fourth Court let it be awarded that he take the Tenement into his hand in name of a Distress and keep it a Year and a day without Manuring within which time if the Tenant pay his Arrears and make reasonable amends for the withholding let him have and enjoy his Tenement as before and if he come not before the year and day be past let the Lord go to the next County-Court with his Witness of what past at his own Court and pronounce there this Process to have further Witnesses and then by the award of his own Court he shall enter and Manure the Tenement as his own And if the Tenant will afterwards re-have it and hold it as he did before let him make agreement with the Lord according to this old saying Neghesith selde neghesith geld v l. for his Were er he become healder i. Has he not since any thing given nor any thing paid Then let him pay 5 l. for his Were ere he become healder again Other Copies have the first part thus written and expounded Nigondsith yeld nigonsith geld Let him 9 times pay and 9 times re-pay Of this see 10 Hen. 3. Fitz. tit Cessavit 60 and the Stat. of Gavelet 10 Edw. 2. which gives this Law to Lords of Rents in London And see Westm 2. ca. 21. which gives Cessavit Gavelkind from the Sax gafel i. Census tributum and cynd Natura Genus But Doctor Powel in his Additaments to the Cambrian History and from him Taylor in his History of Gavelkind fol. 26. would have it derived from the British word Gavel importing a Hold or Tenure however it signifies a Tenure or Custom whereby the Lands of the Father are equally divided at his death among all his Sons or the Land of the Brother among all the Brethren if he have no Issue of his own Teutonicis priscis patrios succedit in agros Mascula stirps omnis ne foret ulla potens This Custom is still of force in Kent Urchenfeild in Herefordshire and elsewhere though with some difference But by the Stat. 34 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir according to the course of the Common-Law Camden in his Brit. says thus Cantiani ea lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque inprimis quam Gavelkind nominat Haec a terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint Adding further Hanc haereditatem cum quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Et filii parentibus furti damnatis in id genus fundi succedunt c. It appears by 18 Hen. 6. ca. 1. That in those dayes there were not above 30 or 40 persons in all Kent that held by any other Tenure which was afterwards altered upon the petition of divers Kentish Gentlemen in much of the Land of that County by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent and Sumners learned Discourse on this Subject Dedi totam terram quam vendidit mihi Michael de Turnham sicut suum liberum Gavilikinde Stoikikinde ad fundandum ibi Domum Religionis c. Mon. Angl. 2 Par. fol. 640. a. Gavelsester Sax. Sextarius vectigalis Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus census vel vectigalis nomine pendendus A certain Measure of Rent-Ale Among the Articles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent according to which they were to be accountable this of old was one De Gavel-sester cujuslibet bracini braciati infra libertatem Maneriorum viz. unam lagenam dimidiam Cervisiae It elsewhere occurs under the name of Tol-sester thus De Tolsester Cervisiae hoc est de quolibet bracino per unum annum lagenam de Cervisia And is undoubtedly the same in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by Selden in his learned Dissertation annexed to Fleta ca. 8. num 3. and there by some mistake haply of the Printer written Colcester-peny for Tol-sester-penny Nor differs it I think from what in the Glossary at the end of Hen. 1. Laws is called Oale-gavel
is used in the same signification in other Nations Honor Courts Are Courts held within the Honors aforesaid mentioned 33 Hen. 8. cap. 37. And 37 Ejusdem cap. 18. Honorary Services Anno 12 Car. 2. cap. 29. Are such as are incident to the Tenure of Grand Serjeanty and annexed commonly to some Honor or Grand Seigniory Hontfongenethef Cum omnibus aliis libertatibus tantummodo Hontfongenethef mihi retento Carta Wil. Comitis Marescalsi In Mon. Angl. 1 Par. fol. 724. This should have been written Hondfangenethef and signifies a Theif taken with Hondha-bend i. Having the thing stoln in his hand Hornebeam-Pollengers Are Trees so called that have usually been lopped and are above twenty years growth and therefore not tythable Plowden Casu Soby fol. 470. Horngeld from the Sax. Hofn cornu gel◠soltitio Signifies a Tax within the Forest to be paid for horned Beasts Cromp. Juris fol. 197. And to be free of it is a priviledge granted by the King to such as he thinks good Quietum esse de omni collectione in Foresta de bestiis cornutis asses 4 Inst fol. 306. Et sint quieti de omnibus geldis Danegeldis Vodgeldis Senegeldis Horngeldis c. Diploma Hen. 3. Canonicis Monialibus de Semplingham See Subsidy Hors de son Fée Fr. i. out of his Fee Is an Exception to avoid an Action brought for Rent issuing out of certain Land by him that pretends to be the Lord or for some Customs and Services For if the Defendant can prove the Land to be without the compass of his Fee the Action falls See District and Broke hoctitulo Hospitalers Hospitalarii Were a certain order of Religious Knights so called because they built an Hospital at Jerusalem wherein Pilgrims were received To these Pope Clement the Fifth transferred the Templers which Order by a Council held at Vienne he suppressed for their many and great misdemeanors These Hospitalers were otherwise called Knights of S. John of Jerusalem and are now those we call the Knights of S. John of Malta Cassan Gloria mundi part 9. Consid 5. This Constitution was also obeyed in Edward the Second's time here in England and confirmed by Parliament Walsinghams Hist Edw. 2. These are mentioned 13 Edw. 1. cap. 43. and 9 Hen. 3. cap. 37. They had many priviledges granted them by the Popes as immunity from payment of Tythes c. Their Lands and Goods were put into the Kings dispose by Stat. 32 Hen. 8. cap. 24. See Mon. Angl. 2 part fol. 489. Hotchpot Fr. Hochepot A confused mingle-mangle of divers things jumbled or put together so also of Lands of several Tenures As a Man seised of thirty Acres of Land in Fee hath issue two daughters and gives with one of them ten Acres in Franc-marriage and dies seised of the other twenty Now if she that is thus married will have any part of the twenty Acres she must put her Lands given in Franc-marriage in Hotchpot that is she must refuse to take the sole profits of the ten Acres but suffer them to be mingled with the other twenty Acres to the end an equal division may be made of the whole thirty between her and her sister and thus for her ten Acres she shall have fifteen otherwise her sister will have the twenty Acres of which the Father died seised Littleton fol. 55. Coke on Littl. lib. 3. cap. 12. Britton fol. 119. Housabold and Hoybold Et similiter concessionem quam idem Willielmus de Lancastre fecit eisdem Abbati Canonicis de Cokersand eorum tenentibus villae de Gairstang tam qui essent quam qui fuerunt de Housabold and Hoybold cum omnibus aliis libertatibus eidem Villae pertin Mon. Angl. 2 par fol. 633. a. Quaere House-bote Compounded of House and Bote i. Compensatio Signifies Estovers or an allowance of Timber out of the Lords Wood for the repair or upholding a House or Tenement Housebote says Coke on Littl. fol. 41. b. is twofold viz. Estoverium aedificandi ardendi House-robbing or House-breaking Sax. Hous-bryc Is the robbing a Man in some part of his House or his Booth or Stall in any Fair or Market and the owner or his Wife Children or Servants being within the same This was Felony by 23 Hen. 8. cap. 1. and 3 Edw. 6. cap. 9. but now it is Felony though none be within the House by 39 Eliz. cap. 15. See Burglary and West part 2. Symb. tit Indictments sect 67. Hudegeld Significat quietantiam transgression is illatae in servum transgredientem Supposed to be mistaken by Fleta or mis-printed for Hinegeld Hue and Cry Hutesium and Clamor from the Fr. Huer and Crier both signifying to shout and cry out aloud Signifies a pursuit of one who hath committed Felony by the High-way for if the party robbed or any in the company of one murdered or robbed come to the Constable of the next Town and will him to raise Hue and Cry or to pursue the Offendor describing the party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for aid in seeking the Felon and if he be not found there then to give the next Constable warning and he the next until the Offendor be apprehended or at least thus pursued to the Sea-side Of this read Bracton lib. 3. tract 2. cap. 5. Smith de Repub. Anglor lib. 2. cap. 20. And the Statutes 13 Edw. 1. of Winchester ca. 3. 28 Ed. 3. cap. 11. and 27 Eliz. cap. 13. The Normans had such a pursute with a Cry after Offenders as this is which they called Haro of which you may read the Grand Customary ca. 54. Hue is used alone Anno 4 Ed. 1. Stat. 2. In ancient Records this is called Hutesium Clamor See Cokes 2 Part Instit fol. 172. Mandatum est Gulielmo de Haverhul Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non Levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Aretio aliorum interfectorum secundum legem consuetudinem regni Rot. Claus 30 H. 3. m. 5. Huers See Conders Huissiers See Usher Hulm See Holm Hundred Hundredum Centuria Is a part of a Shire so called either because at first there were an hundred Towns and Villages in each Hundred or because they did find the King 100 able Men for his Warrs These were first ordain'd by King Alfred the 29th King of the West Saxons Aluredus Rex sayes Lambert verbo Centuria ubi cum Guthruno daco foedus inierat prudentissimum illud olim a Jethrone Moisi datum secutus consilium Angliam primus in Satrapias Centurias decurias partitus est Satrapiam Shyre a Scyrian quod partiri significat nominavit Centuriam Hundred Decuriam Toothing sive Tienmantale i. Decemvirale Collegium appellavit atque iisdem nominibus vel hodie vocantur c. This dividing Counties into
Charter of Feossment if all the witnesses to the Deed be deed then Violent Presumption which stands for a proof is continual and quiet Possession Coke on Littl. lib. 1. ca. 1. sect 1. Praesumptio stat in dubio it is doubted of yet it is accounted Veritatis comes quatenus in contrarium nulla est probatio ut regula se habet Stabitur praesumptio donec probetar in contrarium Presumption was anciently taken for intrusion Assultus Roberia Sterbrech Praesumptio terrae vel pecunia Regis Thesaurus inventus c. LL. Hen. 1. cap. 11. De his quae sunt de Jure Regis Pretensed Right Jus Pretensum Is where one is in possession of Lands or Tenements and another who is out claims it and sues for it here the Pretensed Right or Title is to be in him who so does sue and claim Price See Value Pricked-bread Molendinario septem panes de Conventu septem panes de Pricked-bread Monast Angl. 1 Part. fol. 496. b. Quaere Pride-gabel In the Mannor of Rodeley in Com. Gloc. is paid to this day as a Rent to the Lord of the Mannor by certain Tenants in duty and acknowledgment to him for their liberty and priviledge of Fishing for Lamprays in Severn Prid for brevity being the later syllable of Lamprid as anciently they were called and Gavel a Rent or Tribute Taylors Hist of Gavelkind fol. 112. Primo Beneficio See Beneficio Primage Anno. 32 Hen. 8. ca. 14. Is a duty due to the Mariners and Sailers for the Loading of any Ship at the setting forth from any Haven which is in some places a penny in the pound in others six pence per Pack or Bale according to the Custom of the place Primier Seisin Prima Seisina i. The first Possession Was a Branch of the Kings Prerogative whereby he had the first possession of all Lands and Tenements holden of him in cheif whereof his Tenant died seised in Fee and consequently the Rents and Profits of them until the Heir if he were of age did his homage if under age until he were But all charges arising by Primier Seisins are taken away by the Stat. 12 Car. 2. cap. 24. Prince Princeps Is sometimes taken for the King himself but more properly for the Kings Eldest Son who is Prince of Wales as the Eldest Son to the French King is called Dauphine both being Princes by their Nativity Ferns Glory of Generosity pag. 138. Before Edward the Second was born at Carnarvan and was the first Prince of Wales the Kings Eldest Son was called Lord Prince Stamf. Praerog ca. 22. fol. 75. See 27 Hen. 8. ca. 26. And 28 Ejusdem ca. 3. Principal Principalium An Heir-lome Quod vide In Urchenfield Com. Heref. certain Principals as the best Beast best Bed best Table c. pass to the eldest Childe and are not subject to Partition Also the cheif person in some of the Inns of Chancery is called Principal of the House See Ancient Principality of Chester Anno 21 Rich. 2. ca. 9. See County Palatine and Cromp. Jurisd fol. 137. Prior perpetual or Dative and removeable Anno 9 Rich. 2. ca. 4. And 1 Edw. 4. ca. 1. Lord Prior of Saint Johns of Jerusalem Anno 26 Hen. 8. ca. 2. See Abbot Priors Aliens Priores Alieni Were certain Religious Men born in France and Normandy and Governors of Religious Houses erected for Outlandish Men here in England which were by Henry the Fifth thought no good Members for this Land and therefore suppressed whose Livings were afterwards by Henry the Sixth given to other Monasteries and Houses of Learning Stows Annals pag. 582. And 1 Hen. 5. ca. 7. but specially to the erecting of those two famous Colledges called The Kings Colledges of Cambridge and Eaton 2 Part Inst fo 584. Priority Prioritas Signifies an Antiquity of Tenure in comparison of another less ancient As To hold by Priority is to hold of a Lord more anciently than of another Old Nat. Br. fo 94. So to hold by Posteriority is used in Stamf. Praerog ca. 2. fol. 11. The Lord of the Priority shall have the custody of the Body c. Cromp. Juris fol. 120. See Posteriority Prisage Prisa Fr. Pris Is that Custom or Share that belongs to the King or Lord Admiral out of such Merchandises as are taken at Sea by way of lawful Prize which is usually a Tenth part 31 Eliz. ca. 5. Prisage of Wines Anno 1 Hen. 8. ca. 5. Is a word almost out of use now called Butlerage because the Kings cheif Butler receives it which is a Custom whereby the King challenges out of every Bark loaden with Wine containing Twenty Tuns or more two Tun of Wine the one before the other behinde the Mast at his price which is Twenty shillings for each Tun yet this varies according to the Custom of the place for at Boston every Bark laden with Ten Tuns of Wine or above pays Prisage See Butlerage and Calthrops Reports fol. 20. And 4 Part Inst fol. 30. MEmorandum quod Rex habet ex antiqua consuetudine de qualibet Nave Mercatoris Vini 6 Careat Applican infra aliquem portum Angliae de viginti doliis duo dolia de decem doliis unum de Prisa Regia pro quodam certo ab antiquo constitut solvend P. Rec. 20 R. 2. Prise Prisa From the Fr. Prendre i. Capere Signifies in our Statutes the things taken of the Kings Subjects by Purveyers Anno 13 Edw. 1. ca. 7. and 28 Ejusdem stat 3. ca. 2. It signifies also a Custom due to the King An. 25 Ejusdem ca. 5. Reg. of Writs fol. 117. b. In forancis paginis antiquis says the Learned Spelman Prisae plerumque intelliguntur de annonae reique frumentariae captionibus aliis etiam necessariis ad alenda instruendaque castrorum praefidia nec non regiam familiam minori quam justo pretio agricolis areptis c. In Rescripto quodam Anno 3 Edw. 1. Norf. ss Rogerus de Monte alto qui sororem haeredem Hugonis de Albeney c. desponsaverat clamat habere libertates has subscriptas viz. Castellum suum de Risinge cum Prisis 40 dierum c. Ubi clausulam cum Prisis 40 dierum intelligo de libertate capiendi victualia quae vocant ad sustentationem praesidiarii militis Castri sui ita quod pretium reddat infra 40 dies See the Stat. 12 Car. 2. ca. 24. Prisoner Fr. Prisonnier Signifies one that is restraiued of his liberty upon any Action Civil or Criminal or upon Commandment And a Man may be Prisoner upon Matter of Record or Matter of Fact Prisoner upon Matter of Record is he who being present in Court is by the Court committed to Prison onely upon an Arrest be it by the Sheriff Constable or other Stamf. Pl. Cor. lib. 1. ca. 32. fol. 34 35. Privation Privatio A bereaving or taking away Most commonly applied to a Bishop or Rector of a Church when by Death or
if a Feme waved See Exigent Quinzime See Quinsieme Quiteclaim Quieta clamantia Is a Release or Acquitting a Man for any Action that he hath or may have A quitting of ones Claim or Title Bracton lib. 5. tract 5. cap. 9. num 9. and Lib 4. tract 6. cap. 13. num 1. Quit-rent Quietus Redditus Quasi Quiet-rent is a certain small Rent payable yearly by the Tenants of most Mannors which when paid the Tenant is quiet and free till it becomes due again This in some ancient Records is written White-rent because paid in Silver Quod ei Deforceat Is a Writ that lies for the Tenant in Tail Tenant in Dower or Tenant for Life against him that entred or took away their Land recovered or against his Heir See Brook hoc tit Reg. of Writs fol. 171. and Westm 2. cap. 4. Quod Clerici non eligantur in Officio Balivi c. Is a Writ that lies for a Clerk who by reason of some Land he hath is made or like to be made either Bailiff Bedel or Reeve or some such like Officer See Clerico infra sacros c. And Regist of Writs fol. 187. Quod permittat Is a Writ that lies for the heir of him that is disseised of his Common of Pasture against the heir of the Disseisor being dead Briton cap. 8. says This Writ lies for him whose Ancestor died seised of Common of Pasture or other like thing annexed to his Inheritance against the Deforceor See Brook hoc tit and New Book of Entries Quod Clerici beneficiati de Cancellaria Is a Writ to exempt a Clerk of the Chancery from contributing towards the Proctors of the Clergy in Parliament Regist of Writs fol. 261 a. Quod persona nec Prebendarii c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions for the payment of a Fifteenth with the rest of the Parish Fitz. Nat. Br. fol. 176. Quod non permittat See Consuetudinibus Servitiis Quo jure Is a Writ that lies for him who hath Land wherein another challengeth Common of Pasture time out of minde and it is to compel him to shew by what title he so challenges it Fitz. Nat. Br. fol. 128. and Britton cap. 59. at large Quo minus Is a Writ that lies for him who hath a grant of House-bote and Hay-bote in another Mans Woods against the Grantor making such Waste as the Grantee cannot enjoy his Grant Old Nat. Br. fol. 148. and Kitchin fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer against him to whom he sells any thing by way of Bargain touching his Farm or who oweth him any Money or against whom he hath any cause of Personal Action Perkins Grants 5. For he supposeth by the Vendees detaining any due from him he is made less able to pay the King Rent Under which pretence any one who pays the King a Fee-farm Rent may have this Writ against any other person for any debt or damage and bring the Cause to tryal in the Exchequer Quo Warranto Is a Writ that lies against him who usurps any Franchise or Liberty against the King as to have Waiff Stray Fair Market Court-Baron Leet or such like without good Title Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land Bracton lib. 4. tract 1. cap. 2. num 3. And 18 Edw. 1. stat 2 3. And 30 Ejusdem See also the New Book of Entries Quorum Is a word often mentioned in our Statutes and much used in Commissions both of Justices of the Peace and others As for example where a Commission is directed to five persons or to any three of them whereof A. B. and C. D. to be two in this Case A. B. and C. D. are said to be of the Quorum because the rest cannot proceed without them So a Justice of the Peace and Quorum is one without whom the rest of the Justices in some cases cannot proceed Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43. Quyke Was anciently used for a Live or Quick Beast John Bracebrige of Kinnersbury Esq in his Will dated 7 Hen. 8. Ordained That his best Quyke should be taken in the name of his Mortuary R. RAchetum alias Rachatum from the Fr. Rachater or Racheter i. Redimere Theifbote the Compensation or Redemption of a Theif Nullus capiat Rachetum hoc est Theifbute de Latrocinio 1 Stat. Rob. R. Scot. cap. 9. Rack Fidiculae sic dict quia eis rei in eculeo torquentur ut fides inveniatur An Engin in the Tower with Cords and Strings to extort Confession from Delinquents John Holland Earl of Huntingdon was by King Henry the Sixth created Duke of Exeter Anno 16 H. 6. the King granted to him the Office of Constableship of the Tower He and William de la Poole Duke of Suffolk and others intended to have brought in the Civil Laws For a beginning whereof the Duke of Exeter being Constable of the Tower first brought into the Tower the Rack or Brake allowed in many Cases by the Civil Law and thereupon it was called The Duke of Exeters Daughter because he first brought it thither 3 Inst fol. 35. Rack-vintage Anno 32 Hen. 8. cap. 14. Is a second Vintage or Voyage for Wines by our Merchants into France c. for Rack'd Wines that is Wines drawn from the Lees. from this Voyage our Merchants commonly return about the end of December or beginning of January Rad Knights See Rod Knights Radechenistres i. Liberi homines Domesday tit Leofminstre Lempster Ibi erant 8 Praepositi 8 Bedelli 8 Radechenistres 238 Villani 75 Bordarii c. Radman Domesday tit Herefscire 15 Bordar Praepositus unus Radman c. Seems to be the same with Rod-Knight Rageman Is a Statute so called of Justices assigned by Edward the First and his Council to hear and determine throughout all England all Complaints of Injuries done within five years next before Michaelmas in the Fourth year of His Raign Ragmans-Roll Edward the Third says Sir Richard Baker in his Chronicle fol. 127. surrendered by His Charter all His Title of Soveraignty to the Kingdom of Scotland restored divers Deeds and Instruments of their former Homages and Fealties with the famous Evidence called Ragmans Roll. Ran Sax. Aporta Rapina so open a spoiling a Man as it cannot be denied Hoveden inter ea quae Willielmus prinius constituit in emendationem legum Angliae parte post Hen. 2. Decretum est etiam ibi ut si Francigena appellaverit Anglicum de perjurio aut murdro furto homicidio Ran quod dicunt apertam rapinam quod negari non potest Anglicus se defendet per quod melius voluerit aut judicio ferri aut duello Consonant whereunto it is to this day vulgarly said by one who taketh the Goods of another injuriously and by violence He hath taken all he could Rap and ran rap from
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See Law see Make. Tenementis Legatis Is a Writ that lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees