barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis patētibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur e◠inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in cōmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of Lācaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch 〈…〉 axe the clerke of the facult 〈…〉 the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Π. de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
reade Gerards Herball lib. 2. cap. 425. The fruite or eare of this for it bringeth forth an eare like Lauender is a drugge garbleable anno 1. Iacob cap. 19. Spoliation spoliatio is a writ that lyeth for an incumbent against another incumbent in case where the right of patronage commeth not in debate As if a Parson bee made a Bishop and hath dispensation to keepe his Rectorie and afterward the patron present another to the Church which is instituted and inducted The Bishop shall haue against this incumbent a writ of spoliation in Court Christian Fitz. nat br fol. 36. see Beneuolence Squalley anno 43. Elizab. cap. 10. Squyers See Esquires Stablestand is one of the foure Euidences or presumptians whereby a man is convinced to intend the stealing of the Kings Deere in the Forest Manwood parte 2 of his Forest lawes cap. 18. num 9. the other three be these Dogdrawe Backbeare Bloudie-hand And this stablestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoote at any Deere or with a long bowe or else standing close by a tree with Greyhounds in a lease ready to slippe Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. anno 17. eiusdem cap. 9. Stallage stallagium commeth of the French Estaller i. merces exponere expedire explicare It signifieth in our common law money payed for pitching of stalles in Faire or Market See Scavage This in Scotland is called stallange Skene de verbor signif verbo Stallangiatores And among the Romaines it was termed Siliquaticum à siliqua primo minimo omnium pondere apud illam nationem Stannaries stannaria commeth of the Latine stannum i. tynne signifying the Mines and workes touching the getting and purifying of this mettall in Cornewall and other places Of this read Camden Britan. pa. 119. The liberties of the stannarie men graunted by Ed. 1. before they were abridged by the statute anno 50. Ed. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that towne or citie whether the Merchants of England by common order or commandement did carie their wolles wol-fels cloathes lead and tinne and such like commodities of our land for the vtterance of them by the great The word may probably be interpreted two wayes one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamb. in his duties of Constables num 4. because the place is certaine and setled and againe from the French estape i. forum vinarium because to those places whether our English Merchants brought their commodities the French would also meete them with theirs which most of all consisteth in wines but I thinke this latter the truer because I finde in the Mirrour of the world written in French these words A Calais 〈◊〉 auoit Estape de le laine c. Which is as much to say as the staple for wols c. You may read of many places appointed for this staple in the statutes of the land according as the Prince by his Councell thought good to alter them from the second yeare of Ed 3. cap. 9. to the fifth of Edw the sixth cap 7. what officers the staples had belonging to them you may see anno 27. Ed. 3. stat 2. ca. 21. Starre chamber Camera stellata is a Chamber at Westminster so called as Sir Tho. Smith coniectureth lib. 2. cap. 4. either because it is full of windowes or because at the first all the roofe thereof was decked with Images of guilded starres And the later reason I take to be the trewer because anno 25. H. 8. ca. 1. It is written the Sterred Chamber In this Chamber euery weeke twice during the terme and the very next day after terme is there a Court held by the Lord Chaunceler or Keeper and other honourable personages of the Realme This Court seemeth to haue taken beginning from the statute anno 3. H 7. ca. pri Whereby it is ordained that the Lord Chaunceler and Treasurer of England for the time being and the Keeper of the Kings priuy seale or two of them calling to them a Bishop and a temporall Lord of the Kings most honourable Councell and the two cheife Iustices of the Kings Bench and common place for the time being or other two Iustices in their absence should haue power to call before them and punish such misdoers as there be mentioned The faults that they punish be Routes Riots Forgeries Maintenances Embraceries Periurics and such other Misdemeanures as are not sufficiently prouided for by the common law It appeareth both by Sir Tho Smith lib. 2. de Rep Anglo cap. 4. and by experience also that at this day the whole number of the Princes most honourable priuy Councell and such other Barons spirituall or temporall as be called thither by the Prince haue place in this Court with those aboue named Of this Court thus speaketh M. Gwin in the preface to his readings It appeareth in our bookes of the termes of K. Edward 4. And of the report of cases hapning vnder the vsurpation of Richard the third that sometime the King and his Councell and sometime the Lord Chaunceler and other great personages did vse to sit iudicially in the place then and yet called the Starre Chamber But for as much as be like that assembly was not ordinary therefore the next Kings Henry the seuenth and his some H. 8. tooke order by two seuerall lawes viz. 3. H. 7. ca. pri 21. H. 8. ca. 2. That the Chaunceler assisted with others there named should haue power to heare complaints against Retainours Embraceours misdemenures of officers and such other offences which through the power and countenance of such as do commit them do lift vp the head aboue other faults and for the which inferiour Iudges are not so meete to giue correction And because that place was before dedicated to the like seruice it hath bene euer since also accordingly vsed Touching the officers belonging to this Court see Camden pag. 112. 113. Statute statutum hath diuers significations in our common lawe First it signifieth a Decree or act of Parlament made by the Prince and three estates which is the bodie of the whole Realme And though it borow the name from that kind of Decree which those cities that were vnder the Romaine Empire made for the particular gouernment of themselues ouer and aboue the vniuersall or common lawe of the Empire yet in nature it commeth nearest to that which the Romaines called legem for that as that was made by the whole people noble and ignoble so this is ordeined by those that represent the whole number both of prince and subiects one and other through the whole kingdome The difference neuerthelesse was this that Lex was offered to the consideration of the people by the Magistrate of the Senate or Consull but the bils or suggestions whence
cap. 11. Lastage anno 21. R. 2. cap. 18. seemeth to be the Ballance of a shippe Fleta tearmeth it Lesting saying quòd significat acquietantiaÌ„ Lestagii lib. 1. cap. 47. § Lesting Leters of exchaunge literae Cambitoriae vel litera Cambii Regist orig fol. 194. a. Leters patents literae patentes be writings sealed with the broad Seale of England whereby a man is authorized to do or enioy any thing that otherwise of himselfe he could not anno 19. H. 7. cap. 7. And they be so tearmed of their forme because they be open with the Seale hanging readie to be shewed for the confirmation of the authoritie giuen by them If any will say that leters patents may bee graunted by common persons I will not greatly contend For I find that to be true in Fitzh nat br fol. 35. E. Howbeit they bee called rather patents in our coÌ„mon speech then Leters patents Leters patents to make Denizens anno 32. H. 6. cap. 16. yet for difference sake the kings leters patents be called leters patents royall anno 2. H. 6. cap. 10. There is likewise a writ patent Fitzh nat br fol. 1. seqq Leuari facias is a writ directed to the Shyreeue for the leuying of a Summe of money vpon lands and tenements of him that hath forfeited a recognizance c. Regist origin fol. 298. b. 300. b. Leuari facias damna de disseisitoribus is a writ directed to the Shyreeue for the leauying of dammages wherein the disseisour hath formerly beene condemned to the disseisee Regist fol. 214. b. Leuari facias residuum debiti is a writ directed to the Shyreeue for the leuying of a Remanent of a debt vpon lands and tenements or chatels of the debtor that hath in part satisfied before Regist orig fol. 299. Leuari facias quando vicecomes returnavit quòd non habuit emptores is a writ commaunding the Shyreeue to sell the goods of the debtor which he hath alreadie taken returned that he could not sell them and as much more of the debtours goods as will satisfie the whole debt Regist orig fol. 300. a. Leter of Atturney litera Atturnatus is a writing authorizing an Atturney that is a man appointed to do a lawfull act in our steedes West parte prim symbol lib. 2. sect 559. It is called in the ciuile lawe mandatum or procuratorium There seemeth to be some difference betweene a leter of Atturney and a warrant of Atturney For whereas a leter of Atturney is sufficient if it be sealed and deliuered before sufficient witnesse a warrant of Atturney must be acknowledged and certified before such persons as fines bee acknowledged in the country or at the least before some Iustice or Sergeant West parte 2. symbol titulo Recoveries sect 1. F. See the statute anno 7. R. 2. cap. 14. Leters of Marque See Marque and lawe of Marque See Reprisals see a. 14. Hen. 6. cap. 7. Leters patents of summons for debt anno 9. H. 3. cap. 18. Leuy Leuare commeth of the French Leuer i. alleuare attollerâ— It is vsed in our common law for to set vp any thing as to leuy a mill Kitchin fol. 180. or to cast vp as to leuy a ditch Old nat br fol. 110. or to gather and exact as to leuy mony See Leuâ—ri facias Libell Libellus literally signifieth a litle booke but by vse it is the originall declaration of any action in the ciuill lawe anno 2. H. 5. cap. 3. anno 2. Ed. 6. cap. 13. it signifieth also a criminous report of any man cast abroad or otherwise vnlawfully published in writing but then for difference sake it is called an in famous libel famosus libellus Libello habendo See Copia libelli de liberanda Libera Chasea habenda is a writ Iudiciall graunted to a man for a free chace belonging to his maner after he hath by a Iury prooued it to belong vnto him Register Iudiciall fol. 36. 37. Liberate is a warrant issuing out of the ChauÌ„cery to the Treasurer Chamberlaines and Barons of the Exchequer or clerk of the Hamper c. for the payments of any annuall pension or other summes graunted vnder the broad seale v. Brooke titulo Taile d'Exchequer nu 4. orig Reg. fol. 193. a. b. or sometime to the shyreeue c. n. br f. 132. for the deliuery of any lands or goods taken vpon forfeits of a Recognisaunce Fitzh nat br fol. 131. 132. v. Coke li. 4. Fulwods case so 64. 66. 67. It is also to a Gaoler from the Iustices for the deliuery of a prisoner that hath put in baile for his appearaunce Lamb. Eirenarch lib. 3. cap. 2. Libertate probanda is a writ that lyeth for such as be chalendged for slaues and offer to proue themselues free to the Shyreeue that he take security of them for the prouing of their freedome before the Iustices of Assise and prouide that in the meane time they be quiet from their vexations that chalenge them for slaues Fitz. nat br fol. 77. See Natiuo habendo Libertatibus allocandis is a writ that lyeth for a citizen or Burges of any citie that contrarily to the liberties of the city or towne whereof he is is impleaded before the kings Iustices or Iustices errants or Iustice of the Forest c. that refuseth or deferreth to allow his priuiledge Orig. Regist fol. 262. Fitz. nat br fol. 229. Libertatibus exigendis in itinere is a writ whereby the king willeth the Iustices in eyre to admit of an Atturney for the defence of another mans libertie c. before them Regist origin fol. 19. b. Libertas libertas is a priuiledge held by graunt or prescription whereby men enioy some benefite or fauour beyond the ordinarie subiect Liberties royal what they be see in Bracton lib. 2. cap. 5. Broke hoc titulo See Franchise Librata terrae containeth foure oxegangs and euery oxegange 13. acres Skene de verb. signif verbo Bovata terrae See Farding deale of land Licence to go to election Licentia eligendi Regist fol. 294. See Conge d'eslire Licence to arise licentia surgendi is a libertie giuen by the Court to a tenent that is essoyned de malo lecti in a reall action For the lawe is that in this case he may not arise out of his bed or at least goe out of his chamber vntill he haue bene viewed by Knights thereunto appointed and so vpon view of his sicknesse haue a day assigned him to appeare or else lye vntill he be licenced by the court to arise And the reason of this is as I take it because it may appeare whether he caused himselfe to be essoyned deceitfully yea or not And therefore if the demaundant can prooue that he be seene out of his chamber walking vp and downe his grounds or els going abroad vnto any other place before he be viewed or haue licence of the court he shal be adiudged to be deceitfully essoyned and to haue made default Of this see Bracton lib. 5.
Bartolus in his Tractate De insigniis armis vseth these very wordes prioritas and posterioritas concerning two that beare one coate armor Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno I. H. 8. cap. 5. is a word almost out of vse now called Butlerage it is a custome wherby the prince chalengeth out of euery barke loaden with wine containing lesse then forty tunne two tunne of wine at his price Prise prisa commeth of the French prendre i. capere it signifieth in our Statutes the things taken by pourveyours of the Kings subiects As anno 3. Ed. 1. cap. 7. anno 28. eiusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25. eiusdem cap. 5. Regist origin fol. 117. b. Prisoner priso commeth of the French prisonnier and signifieth a man restrained of his libertie vpon any action ciuill or criminall or vpon commaundement And a man may be prisoner vpon matter of Record or mater of fact prisonervpon mater of Record is he which being present in court is by the court committed to prison only vpon an arrest be it of the Shyrecue Censtable or other Stawnf pl. cor lib. prim cap. 32. fol. 34. 35. Prinie commeth of the French priuè i. familiaris and significth in our common lawe him that is partaker or hath an interest in any action or thing as priuies of bloud old nat br fol. 117. be those that be linked in consanguinitie Eucry heire in tayle is priuy to recouer the land intayled eodem fol. 137. No priuitie was betweene me and the tenent Litleton fol. 106. If I deliuer goods to a man to be caried to such a place and he after he hath brought them thither doth steale them it is felenie because the priuitie of deliuerie is determined as soone as they are brought thither Stawn pl. cor lib. prim cap. 15. fol. 25. Merchants priuie be opposite to merchant straungers anno 2. Ed. tertii cap. 9. cap. 14. ann eiusdem stat 2. cap. 3. The newe Expositour of lawe termes maketh diuers sorts of priuics as priuies in estate priuies in deed priuics in lawe priuies in right and priuies in bloud And see the examples he giueth of euery of them See Perkins Conditions 831. 832. 833. and Sir Edward Cooke lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh foure kindes of priuies viz. priuies in bloud as the heire to his fathes c. priuies in representation as executours or administratours to the deceased priuies in estate as he in the reuersion and he in the remainder when land is giueÌ„ to one for life and to another in see the rcason is giuen by the Expositour of lawe termes for that their estates are created both at one time The fourth sort of priuies are priuies in tenure as the Lord by escheate that is when the land escheateth to the Lord for want of heires c. Priuie seale priuatum sigillum is a scale that the King vseth some time for a warrant whereby things passed the priuy signet and brought to it are sent farder to be confirmed by the great seale of England sometime for the strength or credit of other things written vpon occasions more transitory and of lesse continuance then those be that passe the great seale Priuiledge priuilegium is defined by Cicero in his oration pro domo sua to be lex priuata homini â—â—ogata Frerotus in paratitlis ad titulum decretalium de priuilegiis thus defineth it priuilegium est ius singulare hoc est priuata lex quae vni homini vel loco vel Collegio similibus aliis concedit ur cap. priuilegia distinct 3. priua enim veteres dixere que nos singula dicimus Insit Agellius lib. 10. ca. 20. Ideoque priuilegia modò beneficia modò personales constitutiones dicuntur c. It is vsed so likewise in our common law and sometime for the place that hath any speciall immunity Kitchin fol. 118. in the words where depters make sained gifts and feofements of their land and goods to their freinds and others and betake themselues to priuiledges c. Priuiledge is either personall or reall a personall priuiledge is that which is graunted to any person either against or beside the course of the common law as for example a person called to be one of the Parlament may not be arrcsted either himselfe or any of his attendance during the time of the Parlament A priuiledge reall is that which is graunted to a place as to the Vniuersities that none of either may be called to Westm hall vpon any contract made within their owne precincts And one toward the court of Chauncery cannot originally be called to any court but to the Chauncery certaine cases excepted If he be he will remoue it by a writ of Priuiledge grounded vpon the statute anno 18. Ed. 3. See the new booke of Entries verbo Priuilege Probat of testaments probatio testamentorum is the producting and insinuating of dead mens wils before the ecclesiasticall Iudge Ordinary of the place where the party dyeth And the ordinary in this case is knowne by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Archdeacon according as their composition or prescription is hath the probate of the Testament if the goods be dispersed in diuers Dioces so that there be any summe of note as fiue pounds ordinarily out of the Dioces where the party let his life then is the Archbishop of Canterbury the ordinary in this case by his prerogatiue For whereas in ould time the will was to be proued in cuery Dioces wherein the party diceased had any goods it was thought conuenient both to the subiect and to the Archiepiscopall See to make one proofe for all before him who was and is of all the generall Ordinary of his prouince But there may be aunciently some composition betweene the Archebishop and an inferiour ordinary whereby the summe that maketh the prerogatiue is abouc fiue pound See praerogatiue of the Archbishop This probate is made in two sorts either in common forme or pertestes The proofe in common forme is onely by the oath of the exceutour or party exhibiting the will who sweareth vpon his credulity that the will by him exhibited is the last will and testament of the party deceised The proofe per testes is when ouer and beside his oath he also produceth witnesses or maketh other proofe to confirme the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they haue beene lawfully summoned to see such a will proued
releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to FlauÌ„ders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the SerpliaÌ„the Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persolâ—antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth