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
Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
used for that Duty and Allegiance which every good Subject owes to his Liege-Lord the King Soveraigne Lord I Henry Percy become your Subgette and Leige Man and promit to God and you that hereafter I Faith and Trouth shall hear to you as to my Sovereign Leige Lord and to your Heirs Kings of England of life and limme and of earthly worshippe for to live and die ayeinst all erthly People and to You and to Your Commandements I shall be obeysant as God me help and his Holy Evangelists 27 Oct. 9 Ed. 4. Claus 9 Ed. 4. m. 13. in dorso See Lieges Ligeance Ligeantia a Ligando Is a true and faithful obedience of the Subject to his Soveraign Sometimes it signifies the Dominion or Territory of the Liege Lord. As Anno 25 Ed. 〈◊〉 Stat. 2. Children born out of Ligeance of the King Also the same with Ligeancy See Coke on Litt. fo 129. a. and Calvins Case 7. Rep. Limitation of Assize Limitatio Assizae Is a certain time set down by Statute wherein a Man must allege himself or his Ancestor to have been seized of Lands sued for by a Writ of Assize See the Statâ— of Merton ca. 8. and Westm 1. ca. 38. So it is used in Old Nat. Br fo 77. in these words The Writ de Consuetudinibus servitiis lyeth where I or my Ancestors after the limitation of Assize were not seized of the Customs c. But before the limitation of Assize we were seized c. Linarium A place where Flax is sown a flax-plat Et messuagium quod est juxta cimiterium cum linario quod jacet juxta praedictum Messuagium Pat. 22 Hen. 4. Par. 1. m. 33. Littera As tres Carectatas Litterae three Cartloads of Straw or Litter Mon. Angl. 2 Par. fo 33 b. Libery from the Fr. Livre i. Insigne Gestamen Signifies a Hat Coat Cloak or Gown which a Noble or Gentleman gives to his servants or followers with cognizance or without and is mentioned in 1 Rich. 〈◊〉 ca. 7. and 3 Car. 1. ca. 4. and divers other Statutes See Reteiner Also before the Stat. of 12 Car. 2. ca. 24. it did signifie a delivery of possession to those Tenants which held of the King in Capite or Knights-service for the King by his Prerogative had primier seisin or the first possession of all Lands and Tenements so holden of him Stamf. Praerog ca. 3. fo 12. it was in the nature of a Restitution sayes Sir Edward Coke And the Writ which lay for the Heir to obtain the possession or seisin of his Lands at the Kings hands was called his Livery Fitz. Nat. Br. fo 155. but by the said Statute all Wardships Liveries c. are taken away and discharged Livery of seisin Deliberatio seisinae Is a delivery of possession of Lands Tenements or other corporeal thing for of things incorporeal no Livery of seisin may be to one that has right or a probability of right thereto For as Bracton sayes lib. 2. ca. 18. num 3. Traditio debet esse vestita non nuda It is a Ceremony used in conveyance of Lands or Tenements where an estate in Feesimple Feetayl or a Freehold passeth And it is a testimonial of the willing departure of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing acceptance by the other party of all that whereof the other hath devested himself The common manner of delivery of Seisin is thus If it be in the open Field where is no House nor building and if the estate pass by Deed one openly reads it or declares the effect of it and after that is fealed the Vendor takes it in his hands with a clod of Earth upon a twig or bough which he delivers to the Vendee in the name of Possession or Seisin according to the effect of the Deed But if there be a House or Building upon the Land then this is to be done at the door of it none being left at that time within the house and the Ring of the door delivered to the Vendee who enters alone shuts the door and presently opens it again If it be a House without Land or Ground the Livery is made and Possession taken by delivery of the Ring of the door and Deed onely And where it is without Deed either of Lands or Tenements there the party declares by word of Mouth before witnesses the estate he parts with and then delivers Seisin or Possession in manner asoresaid And so the Land or Tenement passeth as well as by Deed and that by force of the Livery of Seisin See West par 1. Symbol lib. 2. sect 196. and Coke on Littl. fol. 48. a. This was anciently a Pair of Gloves a Ring Knife Ear of Wheat c. was delivered in sign or token of Livery and Seisin Local Localis Tied or annexed to a place certain As the thing is local and annexed to the Freehold Kitchin fol. 180. An Action of Trespass for Battery c. is transitory not local that is not needful that the place of the Battery should be set down as material in the Declaration or if it be set down that the Defendant should Traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty or that the Action should be tried or laid in the same County where the Fact was done The gard of the person and of the Lands differs in this because the person being transitory the Lord might have his Ravishment de Gard before he was seised of him but not of the Land because it is local Perkins Grants 30. Locus Partitus Signifies a Division made between two Towns or Counties to make tryal in whether the Land or place in question lies Fleta lib. 4. cap. 15. num 1. Lode Ship A kinde of Fishing Vessel mentioned 31 Edw. 3. stat 3. cap. 2. Lodeworks One of the Works belonging to the Stannaries in Cornwal for which see Stremeworks Lodemerege Item en droit de Lodemerege dient les avantditz Jurez que leur sembli cest case ils ne scayvent meilleur advise ne remedy mays que ce soit desore user fait per maner quest conteyne en le Ley D'Oleron Pryns Animad on 4 Inst fol. 116. Logating An unlawful game mentioned 33 Hen 8. cap. 9. now disused Logwood Is a kinde of Wood which divers use otherwise called Block-wood brought from Compethe and other remâ—â—â— parts and was prohibited by Stat. 23 Eliz. ca. 9. and 39 ejusdem cap. 11. But since by Stat. 14 Car. 2. cap. 11. the importation and use of it is allowed Loich or Loych Fish 31 Edw. 3. stat 3. cap. 2. And that no Fish called Loych Fish be chosen or tried but onely in thrée parts that is to say Lob Ling and
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
between a Creditor and a Debtor sometimes taken for an indirect gain or booty Lo. Verulam in his Hen. 7. But in our Statutes it is most commonly used for an unlawful Bargain or Contract As 37 Hen. 8. cap. 9. 13 Eliz c. 5. and 8 12 Car. 2. cap. 13. Chevitiae Cheviscâ— Hades at the end of Ploughed Lands Novem acras terrae cum Cheviscis ad ipsas pertinentibus Mon. Angl 2 par fol 116. Chief See Capite Chiefage See Chevage Chief Pledge Plegius vel vas capitalis Anno 20 Hen. 6. cap. 8. See Borowhead Childwit Sax. Signifies a power to take a Fine of a Bond-woman unlawfully begotten with childe Prior habeat Gersumam de Nativa sua impraegnata sine licentia maritandi Ex Registro Priorat de Cokes ord Every reputed Father of a base child gotten within the Mannor of Writtel in Com. Essex pays to the Lord for a Fine 3 s 4 d. Where it seems to extend as well to Free as Bond-women and the Custom is there also called Childwit Chimin Fr. Chemin i. aditus via Signifies a way which is of two sorts The Kings High-way and a private way Kitchin fol. 35. The Kings High-way Chiminus Regius is that in which the Kings Subjects and all others under His Protection have free liberty to pass though the property of the soyl where the way lies may perhaps belong to some private man A Private way is that in which one man or more have liberty to pass either by Prescription or by Charter through another mans ground And this is divided into Chimin in gross and Chimin appendant Kitchin fol. 117. Chimin in gross is that way which a man holds principally and solely in it self Chimin appendant is that which a man hath as appurtenant to some other thing As if he hire a Close of Pasture with Covenant for ingress and regress through some other Ground in which otherwise he might not pass See Coke on Littl. fol. 56. Chiminage Chiminagium Signifies a Toll for Wayfarage through the Forest Cromp. Jurisd fol 189. Telonium quod in Forestis exigebant Forestarii a plaustris equis oneris causâ eò venientibus Charta Forestae cap. 14. Nullus Forestarius de caetero qui non sit Forestarius de feodo reddens nobis firmam pro baliva sua capiat Chiminagium aliquod in Baliva sua c. The Feadists call it Pedagium This in Poulton fol. 8. is falsly Printed Chimmage and in a Record in the Tower I finde Chimage Chimney Money Otherwise called Hearth-Money By Statute 14 Car. 2. cap. 12. Every Fire-Hearth and Stove of every Dwelling and other House within England and Wales except such as pay not to Church and poor shall be chargeable with Two shillings per annum parable at Michaelmas and Lady-day to the King His Heirs c. Which payment is vuâ—garâ—y called Chimney-Money See Smoak-Silver and Fuage Chirgemot Circgemot or Chirch gemot Sax Forum Ecclesiasticum Quosque Chirgemot Discordantes inveniet vel amore congreget vel sequestret judicio LL. Hen. 1. cap 8. and 4 Inst fol. 321. Chirographer of Fines Chirographus Finium Concordarum of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A writing of a Man 's own hand whereby he acknowledges a debt to another Signifies that Officer in the Common-Pleas who ingrosseth Fines in that Court acknowledged into a Perpetual Record after they are examined and fully passed by other Officers and that writes and delivers the Indentures of them to the Party Anno 2 Hen. 3. cap. 8. 2 Hen. 4. 8. and Fitz. Nat. Br. fol. 147. A. This Officer makes two Indentures one for the Buyer another for the Seller and makes one other indented piece containing also the effect of the Fine which he delivers to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statute and endorseth the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant and the Note of the Fine See Tabling of Fines Anno 23 Eliz. cap. 3. and 2 Part. Inst fol. 468. Chivage See Chevage Chivalry Servitium Militare Comes from the Fr. Chivalier i. eques and signifies a Tenure of Land by Knights-service whereby the Tenant was bound to perform a Service in War unto the King or the Mesn Lord of whom he held by that Tenure The further explication of which Tenure and the several Branches of it may be omitted since by Stat. 12 Car. 2. cap. 24. All Tenures by Knights-service of the King or of any other person Knight-service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof hapned or which shall or may happen or arise thereupon or thereby are taken away and discharged And all Tenures of Houses Mannors Lands c. shall be construed and adjudged for ever to be turned into Frée and Common Soccage c. Choral Choralis may relate to any person that by vertue of any of the Orders of the Clergy was in ancient time admitted to sit and serve God in the Quire in Latin Chorus Accordingly Mr. Dugdale in his History of S. Pauls Church pag. 172. says There were anciently Six Vicars Choral belonging to that Church Chose Fr. Thing It is used with divers Epithetes as Chose Local is such a thing as is annexed to a place For example a Mill is Chose Local Chose Transitory seems to be that thing which is moveable and may be taken away or carried from place to place Kitchin fol. 18 Chose in Actin is a thing incorporeal and onely a right as an Annuity Obligation for Debt a Covenant Voucher by Warranty and generally all Causes of Suit for any Debt or Duty Trespass or Wrong are to be accounted Choses in Action And it seems Chose in Action may be also called Chose in Suspence because it hath no real existence or being nor can properly be said to be in our possession Broke tit Chose in Action Chop-chirch Ecclesiarum permutatio Is a word used 9 Hen. 6. 65. a. By the sence of which Book it was in those days a kinde of Trade For the Judges say It was a lawful Occupation and a good Addition yet Brook in his Abridgment calls it not an Occupation but a thing permissible by Law It was without doubt a nick-name given to those that used to change Benefices For to chop and change is an usual expression to this day I have also read Church-Chopper for him that used to make such changes Alii vero quorundam satorum zizaniae subversorum Justiciae inauditae abusionis inventorum ut illis verbis utamur Choppe-Churches communiter appellati mediatione dolosa interveniente execrabili ardore avaritiae quandoque in subdolis permutationibus hos nimia inaequalitate Beneficiorum ac illos quandoque optentis beneficiis fucatis coloribus totaliter destituunt defraudant in tantum quod ex
lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque paâ—s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an Oâ—fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jusâ— of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convicâ— for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Juâ—y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation the one called the Higher Convocation House where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation House where all the rest of the Clergy sit Anno. 25 Hen. 8. cap. 19. See Proloâ—utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Caâ—â—â—ceners Farticipâ—s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
Originally or upon Assignation and sometimes for the Returns of Writs For example Dayes in Bank are Dayes set down by Statute or Order of the Court when Writs shall be returned or when the Party shall Appear upon the Writ served for which you may read the Statutes 51 Hen 3. ca. 1 2. Marlb ca. 12 52 Hen. 3. and the Statute de Anno Bissextili 21 Hen. 3. and lastly 32 Hen. 8. ca. 21. To be dismissed without Day is to be finally discharged the Court He had a Day by the Roll that is he had a day of Appearance Assigned him Kitchin fol. 193 197. Day Year and Wast See Year Day and Wast And see Dies Deadly Feud Feuda Faida Is a Profession of an Irreconcileable Enmity till we are revenged even by the death of our Enemy It is deduced from the German word Feed which as Hottoman in verbis Feudalibus saith Modo bellum modo capitales inimicitias significat It is used Anno 43 Eliz. ca. 13. Dead Pledge mortuum vadium See Morgage De-afforested That is discharged from being Forest or that is freed and exempted from the Forest-Laws Anno 17 Car. 1. ca. 16. Johannes Dei Gratia c Archiepiscopis Episcopis c. Sciatis nos omnino Deafforestaise Forestam de Brewood de omnibus quae ad Forestam Forestarios pertinent Quare volumus firmiter praecipimus quod praedicta Foresta homines in illa manentes haeredes eorum sint Deafforestati imperpetuum c. Dat. apud Brug 13 Martii Anno regni nostri 5. Dean Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 decem Is an Ecclesiastical Magistrate so called because he presides over Ten Canons or Prebends at the least We call him a Dean that is under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum the Chapter But how diversly this word is used read Lindwood Tit. de Constitut ca. 1. verbo Decani Rurales where Rural Deans are said to be certain persons that have Jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned them by the Bishop and Arch-Deacon being placed and displaced by them Such are the Dean of Croiden in Surrey Dean of Battel in Kent c. As there are two Foundations of Cathedral Churches in England the old and the new the new are those which Henry the Eighth upon Suppression of Abbies transformed from Abbot or Prior and Convent to Dean and Chapter so are there two means of Creating these Deans For those of the Old Foundation were exalted to their Dignity much like Bishops the King first sending out his Conge d'Eslire to the Chapter the Chapter then chusing the King yielding His Royal Assent and the Bishop Confirming him and giving his Mandate to enstal him Those of the New Foundation are by a shorter course Enstalled by Vertue of the Kings Letters-Patent without either Election or Confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels as the Dean of the Kings Chappel the Dean of the Arches the Dean of St. Georges Chappel in Windsor c. Nec Collegio alicui praefecti nec jurisdictione ulla donati nomine tamen velut honoris gratia insignes sayes Spelman De bene esse Are three common Latin words but their signification more mysterious conceiv'd to be thus To take or do any thing De bene esse is to accept or allow it as well done for present but when it comes to be more fully examin'd or try'd to stand or fall to be allowed or disallowed according to the Merit or Well-being of the thing in its own nature or as we say Valeat quantum valere potest So in Chancery upon motion to have one of the less-principal Defendants in a Case examin'd as a Witness the Court not then throughly examining the justice of it or not hearing what may be objected on the other side often orders such a Defendant to be examined de bene esse i. That his Depositions shall be allowed or suppressed at the Hearing of the Cause upon the full debate of the Matter as the Court shall then think fit but for the present they have a well-being or conditionalallowance It is used in Langhams Caso Croke 3 Part. fol. 68. Debentur Was by a Rumâ— Act in 1649 ordained to be in the nature of a Bond or Bill to charge the Common-wealth forsooth to pay the Souldier-Creditor or his Assignes the Sum due upon Auditing the Account of his Arrears The Form of which Debentur as then used you may see in Scobels Rump-Acts Anno 1649 ca. 63. The word is also mention'd in the Act of Oblivion 12 Car. 2. ca. 8. Sect. 7. and is used in the Exchequer See Auditor of the Receipts Debet solet Are Latin words often used in our Law-Writers In old Nat. Br. fol. 98. it is said This Writ De secta molendini being in the debet and solet is a Writ of Right c. And again fol. 69. A Writ of quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and solet or in the debet without the solet according as the Demandant claims Wherefore note that those Writs which are in this sort brought have these words in them as Formal words not to be omitted And according to the diversity of the Case both debet and solet are used or debet alone That is if a man sue to recover any Right whereof his Ancestor was disseis'd by the Tenant or his Ancestor then he useth only the word debet in his Writ because solet is not fit by reason his Ancestor was disseis'd and the Custom discontinued but if he sue for any thing that is now first of all denyâ—d him then he useth both these words because his Ancestors before him and he himself usually enjoyed the thing sued for as sute to a Mill or Common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appears by the Reg. of Writs in the Writ De debito fol. 140. a. Debito or De debito Is a Writ which lies where a Man ows another a Sum of Money by Obligation or Bargain for any thing sold him Fitz. Nat. Br. fo 119. This Writ is made sometime in the detinet and not in the debet which properly falls out where a Man owes an Annuity or a certain quantity of Wheat Barley or such like which he refuseth to pay Old Nat. Br. fo 75. See Debet and solet Decem tales See Tales Deceit Deceptio dolus Is a Subtile wily Shift or Trick whereunto may be drawn all manner of Craft Subtilty Guile Fraud Slight Cunning Covin Collusion and Practise used to Deceave another Man by any Means which hath no other more proper or particular Name then Deceit or Offence West pa. 2. Symbol tit Inditements Sect. 68. See
so are they said to lead the Fine Upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizoâ— who thereupon yields to pass the Fine before the Judge and so the Acknowledgment being Recorded the Cognizor and his Heirs are presently concluded and all strangers not excepted after five years passed If the Writ whereon the Fine is grounded be not a Writ of Covenant but of Warrantia Chartae or a Writ of Right or of Mesn or of Customs and Services for of all these Fines may also be founded West sect 23. then this Form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. Fines are now onely levied in the Court of Common Pleas at Westminster in regard of the solemnity thereof ordained by the Statute of 18 Edw. 1. Before which time they were sometimes levied in the County Courts Court Barons and in the Exchequer as may be seen in Mr. Dugdales Origines Juridiciales alibi This word Fine sometimes signifies a sum of Money paid for an income to Lands or Tenements let by Lease anciently called Gersuma sometimes an amends pecuniary punishment or recompence upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a Man is said Facere Finem de transgressione cum Rege c. Reg. Jud. fol. 25. a. Of the diversity of these Fines see Cromptons Just of Peace fol 141. b. 143 144. and Lamb. Eiren. lib. 4. cap. 16. But in all these diversities of Uses it hath but one signification and that is a Final conclusion or end of differences between parties And in this last sence wherein it is used for the ending and remission of an Offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common Fine that the County pays to the King for false Judgments or other Trespasses which is to be Assessed by the Justices in Eyr before their departure by the Oath of Knights and other good men upon such as ought to pay it with whom agrees the Statute 3 Edw. 1. cap. 18. There is also a Common fine in Leets see Kitchin fol. 13. Vide Common Fine Fleta lib. 1. cap. 48. and Coke on Littl. fol. 126. b. Fines for Alienation Are reasonable Fines paid to the King by his Tenants in Cheif for License to Alien their Lands according to the Stat. 1 Edw. 3. cap. 12. But see the Stat. 12 Car. 2. cap. 24. Fines pro Licentia Concordandi Anno 21 Hen. 8. cap. 1. See Fine Fine force from the Fr. Fin i. crafty or subtil and ferce i. vis Seems to signifie an absolute necessity or constraint not avoidable and in this sence it is used Old Nat. Br. fol. 78. And in the Stat. 35 Hen. 8. cap. 12. in Perkins Dower fol. 321. Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo Dominico Is a Writ to Justices for disannulling a Fine levied of Lands holden in Ancient Demesn to the prejudice of the Lord. Reg. of Writs fol. 15. b. Fine Capiendo pro terris c. Is a Writ lying for one who upon Conviction by a Jury having his Lands and Goods taken into the Kings hand and his body committed to prison obtains favor for a sum of Money c. to be remitted his imprisonment and his Lands and Goods to be re-delivered to him Reg. of Writs fol. 142. a. Fine levando de tenementis tentis de Rege in Capite c. Was a Writ directed to the justices of the Common Pleas whereby to License them to admit of a Fine for the sale of Land holden in Capite Reg. of Writs fol. 167. a. Fine non capiendo pro pulchre placitando Is a Writ to inhibit Officers of Courts to take Fines for fair pleading Reg. of Writs fol. 179. Fine pro redisseisina capienda c. Is a Writ lying for the release of one laid in prison for a Re-disseisin upon a reasonable Fine Reg. of Writs fol. 222. Finors of Gold and Silver Are those that purifie and part those Mettals from other courser by Fire and Water Anno 4 Hen. 7. cap. 2. They are also called Parters in the same place and sometimes Departers Firdstole See Fridstole Firebare Quod sine dilatione levari reparari fac signa Firebares super montes altiores in quolibet Hundredo Ita quod tota patria per illa signa quoâ—iescuâ—que necesse fuit praemuniri potest c. Ordinatio pro vigil observand a Lynne usque Yermouth temp Ed. 2. Perhaps from the Saxon Fyretor a Beacon or a High Tower by the Sea-side wherein were continual Lights either to direct Sailers in the Night or give warning of the Enemy Firebote Sax. Signifies allowance of Wood or Estovers to maintain competent Fire for the use of the Tenant See Haybote Firma see Ferme Ad firmam noctis was a Custom or Tribute paid towards the entertainment of the King for one night according to Domesday Comes Meriton T. R. E. i. tempore Regis Edovardi Conf. reddebat firmam unius noctis i. Provision or Entertainment for one night or the valne of it Firma Regis anciently Pro villa Regia seu Regis Manerio Spel. First-fruits or Annates Primitiae Are the Profits after Avoidance of every Spiritual Living for one year given in ancient time to the Pope throughout all Christendom but by the Stat. 26 Hen. 8. cap. 3. translated here in England to the King For ordering whereof there was a Court erected 32 Hen. 8. cap. 45. but dissolved 1 Mar. Sess 2. cap. 10. And since that time though those Profits are reduced again to the Crown 1 Eliz. cap. 4. yet was the Court never restored but all matters formerly handled therein were transferred to the Exchequer See Annates Fish-garth Anno 23 Hen. 8. cap. 18. A Dam or Wear in a River made for the taking of Fish especially in the Rivers Owse and Humber See Garth Fithwite Rectiùs Fihtewite a Sax. Feoht pugna and wite mulcta mulcta ob commissam pugnam in perturbationem pacis publicae Fithwite i. si pugnaverint percusserint se quamvis sanguinem non extraxerint Prior habebit inde amerciamenta Ex Registro Priorat de Cokesford Fledwite or Flightwite Sax. Flyht fuga wite mulcta Signifies in our ancient Laws a Discharge or Freedom from Amerciaments when one having been an outlawed Fugitive comes to the Peace of our Lord the King of his own accord or with licence Thus Rastal But Quaere whether it does not rather signifie a Mulct or Fine set upon a Fugitive Fléet Sax. Fleot i. A place where the Water ebbs and flows a running Water A famous Prison in London so called from the River on the side whereof it stands To this Prison Men are usually committed for contempt to the King and his Laws or upon absolute
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
Anglice vocatur terra unius aratri culturae sufficiens Hen. Hunting Hist lib. 6. But Sir Edward Coke holds That a Knights Fee a Hide or Plough-Land a Yard-Land or Oxgang of Land do not contain any certain number of Acres On Littl. fol. 69. The distribution of England by Hides of Land is very ancient for there is mention of them in the Laws of King Ina cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori cepit ab unaquaque hidâ Angliae tres sol Spel. And see Cam. Brit. fol. 158. Hide-lands Sax. Hydelandes Terrae ad Hydamseu tectum pertinentes Hide and gain Did anciently signifie Arable Land Coke on Littl. fol. 85. b. For of old to gain the Land was as much as to Till or are it See Gainage Hidage Hidagium Was an extraordinary Tax payable anciently for every Hide of sand Bracton lib. 2. ca. 6. writes thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius regni introaucta quae ad Dominum feudi non pertinent c. King Etheldred in the year of Christ 994. when the Danes landed at Sandwich taxed all his Land by Hides every 310 Hides of Land found one Ship furnished and every 8 Hides found one Jack and one Saddle for defence of the Realm Willielmus Conquestor de unaquaque Hida per Angliam sex solidos accepit Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the being quit of that Tax which was also called Hyde-gyld Hidel Anno 1 Hen. 7. ca. 6. Seems to signifie a place of protection or a Sanctuary Hiis testibus Antiquity did add these words in the continent of the Deed after the In cujus rei testimonium written with the same hand with the Deed which Witnesses were called the Deed read and then their names entred And this clause of Hiis testibus in Subjects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted Coke on Litt. fol. 6. Hine Sax. A Servant or one of the Family but it is now taken in a more restrictive sence for a Servant at Husbandry and the Master â—ine he that oversees the rest Anno 12 R. 2. ca. 4. Hinefare or Heinfare from the Sax. Hine a Servant and Fare a going or passage the going or departure of a Servant from his Master Siquis occidit hominem Regis facit Hein faram Dat. Regi xx s. c. Domesday tit Arcanfeld Hinegeld Significat quietantiam transgres sionis illatae in servum transgredientem MS. Arth. Trevor Ar. Hirciscunda The division of an inheritance among Heirs Goldm. dict Actio Hirciscundae See Action mixt Hird i. Domestica vel intrinseca familia Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS. Hithe See Hyth Hoastmen Anno 21 Jac. ca. 3. Are an ancient Gild or fraternity at Newcastle upon Tine who deal in Seacoal Hoblers or Hobilers Hobelarii Erant milites gregarii levi armatura mediocri equo ad omnem mutum agili sub Edouardo 3 in Gallia merentes Dicti ut reor vel ab istiusmodi equo an Hobby appellato vel potius a Gal. hobille tunica Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident Anno 1350 sic habent Sub Comite Kildariae Banerets 1. Knights 1. Esquires 38. Hobilers 27 c. These were light-horsemen or according to Cowel certain Tenants who by their Tenure were bound to maintain a little light Nag for certifying any invasion or such like peril towards the Sea-side as Portsmouth c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem Hen. 8. says Spelman Gentz darmes Hobelours see Pryns Animad on 4 Inst fol. 307. Hock tuesday-money Was a Tribute paid the Landlord for giving his Tenants and Bondmen leave to celebrate that day which was the second Tuesday after Easter week whereon the English did Master the domineering Danes Mr. Fab. Philips Mistaken Recompence fo 39. Hockettor or Hocqueteur Is an old French word for a knight of the Post a decay'd man a basket-carrier 3 Part Inst fol. 17â— Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours parent que la verite ne soit ensue Stat. Ragman Hogenhine rectius Third night awn hine i. Third night own servant Is he that comes guest-wise to an Inne or House and lies there the third night after which he is accounted of that Family and if he offend the Kings Peace his Host was to be answerable for him See Thirdnight-awn-hine Hokeday Otherwise called Hock-tuesday was the second Tuesday after Easter-week Et ad festum S. Mich. cum tenere voluerit Senescallus Curiam de la Hele habebit de Celerario quinque albos panes Costrellos suos plenos Cervisiae ad idem Festum pro Curia de Kinnersdone de privilegiis tenendis habebit totidem ad le Hokeday totidem Mon. Angl. 2 Par. fo 550. b. See Hocktuesday Money Hogshead Is a Measure of Wine Oyle c. containing half a Pipe the fourth part of a Tun or 63 Gallons Anno 1 R. 3. ca. 13. Holm Sax. Hulmus insula amnica A River Island according to Bede sometimes found in ancient Deeds and Records Coke on Litt. fol. 5. Cum duobus holmis in campis de we done Mon. Angl. 2. p. fo 292. b. where it seems to have a different signification Homage Fr. Is derived from Homo and is called Homage because when the Tenant does this service he says I become your Man It is also called Manhood as the Manhood of his Tenant and the Homage of his Tenant is all one Coke on Litt. fo 64. In the Original Grants of Lands and Tenements by way of Fee the Lord did not onely tye his Tenants to certain Services but also took a submission with Promise and Oath to be true and loyal to him as their Lord and Benefactor This submission is called Homage the form whereof you have in 17 Edw. 2. Stat. 2. in these words When a freeman shall do Homage to his Lord of whom he holds in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the Land I hold of you saving the Faith that I owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the Fee for which Homage is due takes Homage of every Tenant as he comes to the Land or Fee Glanv lib. 9. ca. 1. except women who perform not Homage but by their Husbands
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
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
Traditionem Magni Sigilli sibi per Dominum Regem and by taking his Oath 4 Inst fol. 87. Kéepers of the Liberties of England by Authority of Parliament See Custodes Libertatis Kéeper of the Privy Seal Custos privati Sigilli Is a Lord by his Office through whose hands pass all Charters signed by the King before they come to the Great Seal and some things which do not pass the Great Seal at all He is also of the Kings Privy Council and was anciently called Clerk of the Privy Seal Anno 12 Rich. 2. cap. 11. Gardien del Privy Seal In Rot. Parl. 11 Hen. 4. num 28. And Lord Privy Seal Anno 34 Hen. 8. cap. 4. Kéeper of the Touch Anno 12 Hen. 6. cap. 14. Seems to be that Officer in the Kings Mint which at this day is called Master of the Assay See Mint Kéeper of the Forest Custos Forestae Is also called Cheif Warden of the Forest and hath the principal Government of all things and the check of all Officers thereto belonging And the Lord Cheif Justice in Eyre of the Forest when it pleaseth him to keep his Iustice Seat sends out his general Summons to him forty days before to warn all under Officers to appear before him at a day assigned in the Summons Manw. par 1. p. 156 c. Kennets A sort of course Welsh Cloth mentioned Anno 33 Hen. 8. cap. 3. Kernes Idle persons Vagabonds Nec non de illis qui dicuntur homines ociosi malefactoribus qui etiam Kernys dicuntur Ord. Hibern 31 Edw. 3. m. 11 12. Kernellatus Et Dux sc Lanc. dicit quod ipse clamat pro se haeredibus suis habere Castrum suum de Halton Kernellatum Pl. de quo Warr. apud Cestriam 31 Edw. 3. Fortified or Embattelled Keyles or Kéeles Cyuli or Ciules A kinde of Long Boats of great Antiquity mentioned Anno 23 Hen. 8. cap. 18. Longae Naves quibus Britanniam primò ingressi sunt Saxones Spel. Kidder Anno 5 Eliz. cap. 12. Every person being a Common Badger Kidder Lader or Carrier Says the Statute whereby it seems to signifie one that Badges or carries Corn Dead Victual or other Merchandise up and down to sell called also Kyddiers Anno 13 Eliz. cap. 25. Kiddle Kidel or Kedel Kidellus A Dam or open Wear in a River with a loop or narrow cut in it accommodated for the laying of Weels or other Engins to catch Fish 2 Part. of Cokes Instit Angustias machinas sive ingenia in fluminibus posita ad Salmones aliosque pisces intercipiendos Some Fishermen corruptly call them Kettles The word is ancient for in Magna Charta cap. 24. we read thus Omnes Kidelli deponantur de caetero penitus per Thamesiam Medeweyam per totam Angliam nisi per costeram Maris And in a Charter made by King Iohn power was granted to the City of London De Kidellis amovendis per Thamesiam Medeweyam Anno 1 Hen. 4. cap. 12. It was accorded inter alia That a Survey should be made of the Wears Mills Stanks Stakes and Kidels in the great Rivers of England Inq. capt apud Derb. 15 Nov. 1 Eliz. post mortem Tho. Fyndern c. Et fuit sâ—isitus de uno Kidello vocat a Were ac de libera piscaria in Potlok Esc Bundello 3. Kilketh Was an ancient servile kind of payment For in an old Manuscript I find Kilketh pro qualibet husbandrea 2 denar King of Heralds Rex Heraldorum Is a chief Officer at Armes that hath the preheminence of the Society Among the Romans he was called Pater patratus See Herald King of the Minstrels at Tutbury in Com. Staff his power and priviledge appears in the following Charter JOhan par le grace de Dieu Roy de Castile de Leon Duke de Lancastre a touts ceux que cestes nos letres verront ou orront saluz Saches nous avoir ordonez constitut assignez nostre bien ame le Roy des Ministraulx deins nostre Honeur de Tuttebury quore est ou qui pur le temps serra pur prendre arrester touts les Ministralx deins meisme nostre Honour Franchise queux refusont de faire lour services Ministralcie as eux appurtenants a faire de ancient temps a Tuttebury suisdit annuelment les jours del Assumption de nostre dame Donants grantants au dit Roy des Ministralx pur le temps estant plâ—in poier mandement de les fair resonablement justifier constrener de fair lour services Ministralcies en maner come appeint come illonques ad este use de ancient temps accustome En testimoigniance de quel chose nous avons fait faire cestes nos letres patents don souz nostre privie Seal a nostre Castel de Tuttebury le xxii jour de August le an de regne nostre tresdulces le Roy Richard Second quart Confirmed by Hen. 6. 22. Febr. 21 Regni Item est ibidem quaedam Consuetudo quod Histriones venientes ad matutinds in festo Assumptionis Beatae Mariae habebunt unum Taurum de Priore de Tuttebury si ipsum capere possunt citra aquam done propinquiorem Tuttebury vel Prior dabit eis xl d. pro qua quidem Consuetudine dabuntur Domino ad dictum Festum annuatim xx d. Mon. Angl. 1 Par. fo 355. b. See Minstrels Kings-Bench Bancus Regius from the Sax. Banca a Bench or Form Is the Court or Judgment Seat where the King of England was sometimes wont to sit in his own person and was therefore moveable with the Court or Kings houshold and called Curia Domini Regis or Aula Regis wherein and in the Exchequer which were the only Courts of the King till Henry the Thirds dayes were handled all matters of Justice as well civil as criminal This Court was wont in ancient times to be especially exercised in all criminal matters and Pleas of the Crown leaving private Contracts and Civil actions to the Common-Pleas and other Courts Glanvil lib. 1. ca. 2 3 c. Smith de Repub. Angl. lib. 2. ca. 11. See Cokes 4 Inst fo 70. Kings silver Is that Money which is due to the King in the Court of Common-pleas pro licentia concordandi in respect of a Licence there granted to any man for levying a Fine Coke Vol. 6. fol 39. a 43. b. Kings Swanheard Magister deductus Cignorum Pat. 16 R. 2. pars 1. m. 38. Radulphum Scot Custodem Cignorem nostrorum five per alium quemcunque qui pro tempore Custos cignorum nostrorum praedictorum fuerit No Fowl can be a stray but a Swan 4 Inst fo 280. Kintal Span. Quintal Is a kind of weight most commonly of one hundred pounds or something under or over according to the divers uses of sundry Nations Plowden fol. 3. in the Case of Renynger and Fogassa mentions 2000 Kintals of Woad Kirkâ—ys-Quest Is an ancient Record remaining with the Remembrancer
cap. 11. Lawn See Landa Layland Terra inculta novale Land that lies untilled Leap-year See Bissextile Lease from the Fr. Laisser i. Relinquere Permittere Is a Demise or Letting of Lands Tenements Right of Common Rent or any Hereditament to another for Term of Years or Life for a Rent Reserved If the Lease be written it is said to be an Indenture Deed Poll or Lease in writing if made by word of Mouth it is called a Lease Parol The Party that Lets this Lease is called the Leassor and he to whom it is made the Leassee A Lease hath in it six Points or Parts 1. Words importing a Demise 2. A Leassee named 3. A Commencement from a day certain 4. A Term of Years 5. A Determination 6. A Reservation of Rent Coke vol. 6. Knights Case fol. 55. Lecherwite alias Legerwite See Lairwite Leccator A Riotous debauched Person a Roaring Boy a Tavern-hunter Sciant quod ego Johannes Constabularius Cestriae dedi Hugoni de Dutton Haeredibus Magistratum omnium Leccatorum Meretricum totius Cestershiriae sicut liberiùs illum Magistratum teneo de Comite Salvo jure meo mihi haredibus meis Hiis testibus c. Sine dat circa Annum 1220. Lǽt Leta visus Franci-plegii Otherwise called a Law-daw This Court in whose Mannor soever kept is accounted the Kings Court because the Authority thereof is originally belonging to the Crown and thence derived to inferior persons and is a Court of Record It enquireth of all offences under High Treason though it cannot punish many but must certifie them to the Justices of Assize by Stat. 1 Edw. 3. cap. ult Of which see 4 Inst fol. 261. And the Stat. 8 Edw. 2. Haec est Curia prisca illa says Spelman quae inter Saxones ad Friborgos Decanias Tenmentalas pertinebat Leet comes from the Sax. Laet i. Censura arbitrium or from Laetan Censere aestimare Quòd in hac olim Curia de damnis aestimabatur inter vicinos emergentibus ut patet in LL. Edw. Conf. cap. 20. See the Antiquities of Warwickshire fol. 2. Legacy Legatum Is a particular thing given by a last Will and Testament and he to whom such Legacy is given is called a Legatee Legalis homo Is taken for him who stands Rectus in Curia not Outlawed nor Excommunicated nor Defamed and in his sence are those words so often used Probi et legales homines Hence Legality is taken for the condition of such a Man Ipse tamen malefactor tradat fidejussores de pace legalitate tuenda i. Sureties for his Good-behavior LL. Edw. Conf. cap. 18. See Yoman Legatarie Legatarius He or she to whom any thing is bequeathed a Legatée Spel. says it is sometimes used Pro Legato vel Nuncio Legatorie Anno 27 Eliz. cap. 16. The same with Legatary Legergild Legergildum The same with Lairwite But in the Laws of Hen. 1. cap. 12. it seems to have a different signification Si quis Dei fugitivum habet injustè reddat eum ad rectum persolvat ei cujus erit Regi emender secundum Legergildum Legespend See Lespegend Legitimation Legitimatio A making lawful or Legitimate Lent from the Sax. Lencten Faesten i. Jejunium vel tempus quadragesimale The Spring Fast A time of Fasting for forty days next before Easter mentioned in the Stat. 2 3 Edw. 6. cap. 19. And according to Sir Rich. Baker Chron. fol. 7. first commanded to be observed in England by Ercombert Seventh King of Kent before the year 800. Lep and Lace Leppe Lasse Is a Custom within the Mannor of Writtel in Com. Essex that every Cart that comes over a part thereof called Greenbury except it be the Cart of a Nobleman pays four pence to the Lord of the Mannor This Greenbury is conceived to have anciently been a Market place and therefore had this priviledge granted Tobias Edmonds Gen Senescal ibid. Leporarius A Grey-hound for the Hare Concedo eis duos Leporarios quatuor Bracatos ad leporem capiendum in Foresta nostra de Essexia Mon. Angl. 2 par fol. 283. a. Leproso amovendo Is a Writ that lies for a Parish to remove a Leper or Lazar that thrusts himself into the Company of his Neighbors either in Church or other Publick Meetings to their Annoyance Fitz. Nat. Br. fol. 234. Lespegend Sax. Les-thegen i. Barominor Sint sub quolibet horum quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero Yoong men vocant locati qui curam onus tum viridis tum veneris suscipiant Constitut Canuti Regis de Foresta Art 2. Lestage See Lastage Leth. See Lath. Letherwite 2 Inst fol. 488. This is doubtless there mistaken or false Printed for Lecherwite See Lairwite Letters Patent Literae Patentes Are Writings sealed with the Great Seal of England whereby a Man is enabled to do or enjoy that which otherwise of himself he could not Anno 19 Hen. 7. cap. 7. And they are so called because they are open ready to be shewed for confirmation of the Authority thereby given Letters Patent may be granted by common persons but they are rather called Patents yet for distinction the Kings Letters Patent are sometimes called Letters Patent Royal. Anno 2 Hen. 6. cap. 10. Letters Patent conclude with Teste me ipso c. Charters with Hiis testibus 2 Part Inst fol. 78. Letter of Atturney Litera Atturnati Is a writing authorising an Atturney that is a Man appointed to do a lawful act in our steeds West pa. 1. Symb. lib. 2. sect 559. As a Letter of Atturney to give Seisin of Lands thus anciently PAteat universis per presentes quod ego Johannes Gour Dominus de Peodelestone Attornavi loco meo dilectum mihi in Christo Johannem Hendyng ad ponendum William Nasche Rogerum Nasche in plena pacifica seisina in omnibus illis terris tenementis cum pertin suis quae quas habeo in Orleton prout in carta Feoffamenti dictis Will. Rogero inde confecta plenius continetur Ratum haben gratum quicquid dictus Iohannes nomine meo fecerit in praemissis In cujus c. dat 43 Ed. 3. Letters of Marq See Marq and Reprisals Levant and Couchant Is when Cattel have been so long in another Mans Ground that they have lain down and are risen again to seed in ancient Records Levantes cubantes See Falda Levari facias Is a Writ directed to the Sheriff for the levying a Summ of Money upon his Lands and Tenements who has forfeited a Recognizance Reg. of Writs fo 298. b. Levari facias damna de disseisitoribus Is a Writ directed to the Sheriff for the levying Dammages wherein the Disseisor has formerly been condemned to the Disseisee Reg. of Writs fo 214. b. Levari facias residuum debii Is a Writ directed to the Sheriff for the levying the remnant of a Debt upon Lands and Tenements or Chattels of the Debtor that has been in part
Wil. Dugdale Arm. And in another Deed xx Acras terrae Marlatas Marled Lands Marque from the Sax. Mearc i. Signum Signifies in our ancient Statutes as much as Reprisals as Anno 4 Hen. 5. cap. 7. Marques and Reprisals are used as Synonima and Letters of Marque in the same signification See Reprisals Marquis or Marquess Marchio qui regionis limitem incolit Is a Title of Honor next before an Earl and next after a Duke Marchiones Walliae viz. Rogerus de Mortuo-mari Jacobus de Audeley Rogerius de Clifford Rogerius de Leyburn Hamo Extraneus ille de Turbervilla cum pluribus aliis qui de bello praedicto de Lewes nuper fugerunt c. Mat. Westm in Anno 1264. pag. 225. Marshal See Mareshal Martial Law Is the Law that depends upon the just and arbitrary power and pleasure of the King or His Lieutenant in time of Wars For though the King does not in time of Peace make any Laws but by consent of the Three Estates in Parliament yet in Wars by reason of the great dangers rising from small occasions he useth absolute power in so much as His word goes for Law Smith de Repub. Angl. lib. 2. cap. 3. See Law of Arms. Mast Glans Pessona Glandis nomine continentur glans castanea faginr ficus nuces alia quaeque quae edi pasci poterunt praeter herbam Bracton lib. 4. 226. See Pessona Master of the Rolls Magister Rotulorum Is an assistant to the Lord Chancellor of England in the High Court of Chancery and in his absence heareth Causes there and gives Orders Crompt Jur. fol. 41. His title in his Patent is Clericus parvae bagae Custos Rotulorum as also Domus Conversorum Because the place where the Rolls of Chancery are now kept was anciently the House for Habitation of those Jews who were converted to Christianity But his Office hath that title from the safe keeping of the Rolls of all Patents and Grants that pass the Great Seal and of all Records of the Court of Chancery c. He is called Clerk of the Rolls Anno 12 Rich. 2. cap. 2. And in Fortescu cap. 24. And no where Master of the Rolls until 11 Hen. 7. cap. 20. And yet cap. 25. Ejusdem he is also called Clerk In which respect Sir Tho. Smith lib. 2. cap. 10. says He may not unfitly be called Custos Archivorum He hath the bestowing of the Offices of the Six Clerks the Clerks of the Pettibag Examiners of the Court and the Clerks of the Chappel Anno 14 15 Hen. 8. cap. 1. See Roll. Master of the Mint Anno 2 Hen. 6. cap. 14. Is now called the Warden of the Mint whose Office is to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to his Function Master of the Court of Wards and Liberies Was the cheif Officer of that Court named and assigned by the King to whose custody the Seal of the Court was committed c. Anno 33 Hen. 8. cap. 33. But this Court with the Officers and Appurtenances thereof is abolished by 12 Car. 2. cap. 24. Master of the Horse Is he that hath the Rule and Charge of the Kings Stable being an Office of high account and always bestowed upon some Nobleman of great merit and is mentioned Anno 39 Eliz. cap. 7. and 1 Edw 6. cap. 5. This Officer under the Emperors of Rome was called Comes sacri Stabuli Master of the Posts Was an Officer of the Kings Court who had the appointing placing and displacing of all such thorough England as provided Post-horses for the speedy passing of the Kings Messages Letters Pacquets and other business and is mentioned Anno 2 Edw. 6. cap. 3. But now by Statute 12 Car. 2. cap. 34. One General Letter Office or Post Office is setled in London the Master of which Office is appointed by the King by Letters Patent with Rates and Rules prescribed in the said Act for carrying Subjects Letters Master of the Armory Is he that hath the care and over-sight of His Majesties Armor and mentioned 39 Eliz. cap. 7. Master of the Jewel House Is an Officer in the Kings Houshold of great credit having charge of all Plate used for the King or Queens Table or any great Officer in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Anno 39 Eliz. cap. 7. Master of the Kings Houshold Magister Hospitii Regis Is otherwise called Grand Master of the Kings Houshold and is called Lord Steward of the Kings most Honorable Houshold Anno 32 Hen. 8. cap. 39. But Primo Mariae and ever since he is called Lord Steward of the Kings Houshold under whom there is a Principal Officer of the Houshold called the Master of the Houshold of great Authority as well as Antiquity Master of the Ordnance Anno 39 Eliz. cap. 7. Is a great Officer to whose care all the Kings Ordnance and Artillery is committed Masters of the Chancery Magistri Cancellariae Are assistants in the Chancery to the Lord Chancellor or Lord Keeper and Master of the Rolls Of these there are some Ordinary and some Extraordinary of Ordinary there are twelve whereof the Master of the Rolls is accompted one whereof some sit in Court every day throughout each Term and have referred to them at the Lord Chancellors or Master of the Rolls discretion the Interlocutory Reports for stating Accompts computing damages and the like taking of Oaths Affidavits and Acknowledgments of Deeds and Recognisances The Extraordinary do act in all the Countrey Ten Miles from London by taking Recognisances and Affidavits Acknowledgments of Deeds c. for the case of the Subject Master of the Kings Musters Is a Martial Officer in all Royal Armies most necessary as well for the maintaining the Forces compleat wel-armed and trained as also for prevention of such Frauds as otherwise may exceedingly waste the Princes Treasure and extreamly weaken the Forces c. mentioned 2 Edw. 6. cap. 2. And Muster-Master-General Anno 35 Eliz. cap. 4. Master of the Wardrobe Magister Garderobae Is a great Officer in Court having his habitation belonging to that Office called the Wardrobe near Puddle-Wharf in London He has the charge and custody of all former Kings and Queens ancient Robes remaining in the Tower and all Hangings Bedding c. for the Kings Houses He has also the charge and delivery out of all Velvet or Scarlet allowed for Liveries c. Of this Officer mention is made Anno 39 Eliz. ca. 7. Masura terrae Sunt in eisdem masuris 60 Domus plus quam ante fuerunt Domesday In Fr. Masure de terre is a quantity of ground containing about four Oxgangs Matter in Deed and matter of Record Differ thus according to Old Nat. Br. fo 19. The first seems to be nothing else but some truth or matter of Fact to be proved though not by
Brit. pa. 94. sheweth that in the Year 1016 this Land was divided into three parts whereof the West-Saxons had one governing it by the Lawes called West-Saxon Lawes which contained these nine Shires Kent Southsex Southrey Berks Hampshire Wilts Somerset Dorset and Devon The second by the Danes which was Govern'd by the Laws called Denelage or Danelage and that contained these fifteen Shires York Darby Nottingham Leicester Lincoln Northampton Bedford Bucks Hartford Essex Middlesex Northfolk Suffolk Cambridge and Huntington The third was Governed by the Mercians whose Law was called Merchenlage comprehending these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford Out of which three William the Conqueror chose the best and to them adding such of the Norman Laws as he thought good he ordained Laws for this Kingdom some of which we have to this day and are called the Common Laws Mercimoniatus Angliae Was anciently used for the Custom or Impost of England Mercy Misericordia Signifies the Arbitrement or Discretion of the King Lord or Judge in punishing any offence not directly censured by the Law As to be in the grievous mercy of the King Anno 11 Hen. 6. ca. 2. is to be in hazard of a great Fine or Penalty See Misericordia Mertlage Seems to be a corruption of or a Law French word for Martyrologe Vide 9 Hen. 7. fo 14. b. Mese from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Medium of Heâ—â—ings is 500 the half of a thousand Mesne or Measn Medius Fr. Maisne Signifies him that is Lord of a Mannor and has Tenants holding of him yet holds himself of a superior Lord and therefore it seems to be properly derived from the Fr. Maisne i. Minor natu because his Tenure is derived from another from whom he holds Mesn also signifies a Writ which lies where there is Lord Mesn and Tenant the Tenant holding of the Mesn by the same services whereby the Mesn holdeth of the Lord and the Tenant of the Mesn is distrained by the superior Lord for that his Service or Rent which is due to the Mesn Fitz. Nat. Br. fo 135. See 13 Edw. 1. ca. 9. Mesnalty Medictas Fr. Maisnete i. Youngership Signifies the right or condition of the Mesn as the Mesnalty is extinct Old Nat. Br. fo 44. and Kitchin fo 147. Medietate tenentur feuda quando aliqua persona intervenerit inter Dominum tenentes Et hoc modo tenent omnes postnati mediante ante nato Custumary of Normandy Messarius A Mower or Harvester Fleta lib. 2. ca. 75. Messenger of the Exchequer Is an Officer of which sort there are four in that Court who are Pursuivants attending the Lord Treasurer to carry his Letters and Precepts See Pursuivant Message Messuagium A dwelling House Honestius est habitaculum cum aliquo fundi adjacentis in ejusdem usum deputati But by that name may also pass a Curtilage a Garden an Orchard a Dovehouse a Shop a Mill a Cottage a Toft as parcel of a Messuage Bracten lib. 5. ca. 28. Plowden fo 199. 170. yet they may be demanded by their single names Messuagium in Scotland signifies according to Skene the principal House or dwelling place within a Mannor which we call the Mannor-house and some the Scite A Praecipe lies not de Domo but de Messuagio Coke on Litt. ca. 8. Mestilo onis Mesline Muncorne Wheat and Rie mingled together nonam garbam frumenti mestilonis siliginis omnis generis bladi Pat. 1 Edw. 3. Par. 1. m. 6. Metegabel Sax. Cibariorum vectigal A Tribute or Rent paid in Victuals a thing usual of old as well with the Kings Tenants as others till Henry the Firsts time who chang'd it into Money Sax. Dict. Metheglin British Meddiglin A kind of Drink made of Wort Hearbs Spice and Hony boyld together most used in Wales mentioned in the Act for Excise 15 Car. 2. ca. 9. Michis A sort of white loaves paid as a Rent in some Mannors Extenta de Wivenho in dorso Will. Lambe Capient de praedicto Priore pro qualibet Waya cirporum tres albos panes vocatos Michis nigrum panem alia cibaria Milde Anno 1 Jac. ca. 24. A kind of Canvas whereof Sail-Clothes and other furniture for Ships are made Mile Milliare Is the distance of one thousand paces otherwise described to contain eight furlongs and every Furlong to contain forty Lugs or Poles and every Pole 16 foot and a half Anno 35 Eliz. ca. 6. Militia Lat. The Implements and Furniture for Warr mentioned 15 Car. 2. ca. 2. Milleate Anno 7 Jac. ca. 19. A trench to convey water to or from a Mill Rectius a Mill. leat An unusual Word in Conveyances in Devonshire Mineral Courts Curiae minerales Are particular Courts for regulating the Affairs of Lead Mines as Stannery Courts are for Tyn. Miniments or Muniments Munimenta from Munio to defend Are the Evidences or Writings whereby a man is enabled to defend the title of his Estate An. 5. Rich. 2. ca. 8. and 35 Hen. 6. fo 37. b. Wangford sayes this word Muniment includes all manner of Evidences See Muniment House Ministri Regis Extend to the Judges of the Realm as well as to those that have Ministerial Offices 2 Inst fo 208. Minobery Anno 7 R. 2. ca. 4. Seems to be compounded of the French Main i. Manus and Ouvrer i. Operari and to signifie some trespass or offence committed by a Mans handy work in the Forest as an Engin to catch Deer Briton ca. 40. uses the verb Meinoverer to manure Lands and ca. 62. Main-ovre for handy work Minstrell Minstrellus Menestrallus from the French Menestrel A Fidler or Piper mentioned 4 Hen. 4. ca. 27. Lit. Pat. 24 April 9 Edw. 4. Quod Mariscalli Minstrelli predicti per se forent esse deberent unum Corpus una Communitas perpetua c. Upon a Quo warranto 14 Hen. 7. Laurentius Dominus de Dutton clamat quod omnes Ministrelli infra Civitatem Cestriae infra Cestriam manentes vel officia ibidem exercentes debent convenire coram ipso vel Senescallo suo apud Cestriam ad Festum Nativitatis S. Johannis Baptistae annuatim dabunt sibi ad dictum Festum quatuor Lagenas vini unam Lanceam in super quilibet corum dabit sibi quatuor denarios unum obolum ad dictum Festum habere de qualibet Meretrice infra Comitatum Cestriae infra Cestriam manente Officium suum exercente quatuor Denarios per annum ad Festum praedictum c. See King of the Minstrels Mint Is the place where the Kings Coin is formed be it Gold or Silver which now is and long has been the Tower of London Though it appear by divers Statutes that in ancient times the Mint has also been at Caleis and other places Anno 21 R. 2. ca. 16. and 9 Hen. 5. Stat. 5. ca. 5. The particular Officers belonging to the
Mint see in Cowels Interpreter verbo Mint Minute tythes Minutae sive minores decima Small Tythes such as usually belong to the Viccar as of Herbs Seeds Eggs Honey Wax c. See 2 Part Inst fo 649. and Udal Tindals case Hill 22 Jac. where the tyth of Woad was adjudged to be minuta decima 3 Part Crokes Rep. fo 21. See Tithes Misaventure or Misadventure Fr. Mesadventure i. Infortunium Has an especial signification for the killing a man partly by negligence and partly by chance As if one thinking no harm carelesly throwes a stone or shoots an Arrow wherewith he kills another In this case he commits not Felony but onely loseth his goods and has a Pardon of course for his life Stam. Pl. Cor. lib. 1. ca. 8. Britton ca. 7. distinguishes between Aventure and Misavonture The first he makes to be meer chance as if a Man being upon or near the Water be taken with some sudden sickness and so fall in and is drowned or into the fire and is burnt Misaventure he says is where a man comes to his death by some outward violence as the fall of a Tree the running of a Cart-wheel the stroke of a Horse or such like So that Misadventure in Stamfords opinion is construed somewhat more largely then Britton understands it West part 2. Symbol tit Inditement Sect. 48 49. makes Homicide casual to be meerly casual or mixt Homicide by meer chance he defines to be when a man is slain by meer fortune against the mind of the killer as if one hewing the Axe flies off the haft and kills a man And this is al one with Brittons Misaventure Homicide by chance mix'd he defines Sect. 50. to be when the killers ignorance or negligence is joyned with the chance as if a man lop Trees by a high-way side in which many usually travel and cast down a Bough not giving warning c. by which Bough a man is slain Miscognisant Ignorant or not knowing In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act and of every thing therein contained c. to the intent that no person should be ignorant or miscognisant of the dangers and penalties therein contained Miscontinuance Kitchin fo 231. the same with Discontinuance which see Mise A French word signifying expence or disbursement sometimes written Missum in Lat. and sometimes Misa has divers significations first it is a kind of honourable gift or customary present with which the People of Wales are wont to salute every new King and Prince of Wales at their entrance into that Principality It was anciently given in Cattel Wine and Corn for sustentation of the Princes Family but when that Dominion was annexed to the English Crown the Gift was changed into Money and the Summ is 5000 l. Sterling or More and it hapned to be thrice paid in King James's Reign First at his own coming to the Crown and that Principality Secondly when Prince Henry was created Prince of Wales And Thirdly When King Charles the First succeeded him in that Principality Anno 27 Hen. 8. ca. 26. it is ordained That Lords Mayors shall have all such Mises and profits of their Lands as they have had in times past c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immunitates Cestriae Palatinatus subditi novo cuique Comiti impendunt i. 3000 Marks for that County Sometimes Mises are taken for Taxes or Tallages Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences as pro misis custagiis for Costs and Charges in the Entries of Judgments in personal Actions Mise is also a word of Art appropriated to a Writ of right so called because both parties have put themselves upon the meer right to be tryed by the grand Assise or by Battel so as that which in all other Actions is called an Issue in a Writ of Right in that case is called a Mise But in a Writ of Right if a collateral point be tryed there it is called an Issue and is derived from missum because the whole cause is put upon this point Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer is as much as to say to joyn the Mise upon the cleer right and that more plainly to joyn upon this point whether has the more right the Tenant or Demandant Mise is sometimes used as a Participle for cast or put upon Cokes 6 Rep. Saffins Case and sometimes corruptly for Mease a Messuage or Tenement As a Mise-place in some Mannors is taken to be such a Messuage or Tenement as answers the Lord a Herriot at the death of its owner 2 Inst fo 528. which in our French is written Mees Ceste Endenture temoigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees sys acres de terre c. dat 14 Ed. 3. penes Wil. Andrew Baronet Miserere Is the name and first word of one of the Paenitential Psalmes most commonly that which the Ordinary gives to such guilty Malefactors as have the benefit of the Clergy allowed by Law and it is usually called the Psalm of mercy Misericordia Is used for an Arbitrary Amerciament or Punishment imposed on any Person for an offence For where the Plaintiff or Defendant in any Action is amerced the Entry is always Ideo in misericordia c. And it is called Misericordia as Fitzherbert says Nat. Br. fol. 75. for that it ought to be but small and less then the offence according to the tenor of Magna Charta cap. 14. Therefore if a Man be unreasonably amerced in a Court not of Record as in a Court Baron c. there is a Writ called Moderata Misericordia directed to the Lord or his Bailiff commanding them that they take Moderate Amerciaments according to the quality of the fault Est enim misericordia Domini Regis says Glanvile quà quis per juramentum legalium hominum de viceneto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And again Mulcta lenior sic dicta quòd lenissima imponitur misericordia graviores enim mulctas Fines vocant atrocissimas Redemptiones See Glanv pag. 75. a. And see Moderata Misericordia He shall be in the great Mercy of the King Westm 1. cap. 15. Misfeasans Misdoings or Trespasses Jury to enquire of all Purprestures Misfeasans 2 Part Croke fol. 498. And Misfeasor a Trespasser 2 Inst fol. 200. Mishering Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt nent ordinament ou proprement demonstre MS. LL. Temp. E. 2. See Abishersing and Miskering Miskenning Meskenninga LL. Hen. 1. cap. 12. Iniqua vel injusta in jus vocatio inconstanter loqui in
Faders Eyer and I nil suffer that ony man you any wrongys beed And God you kepe Ex libro pervetusto penes Will. King Ar. Portioner Porconarius or Portionarius Pateat universis quod ego Iohannes Botelere Porconarius secundae portionis Ecclesia de Bromyord dedi dat 17 Ric. 2. Where a Parsonage is served by two or sometimes three Ministers alternately as Bromyard supra Burford in Shropshire c. The Ministers are called Portioners because they have but their Portion or Proportion of the Tythes or Profits of the Living Portmen Anno 13 Eliz. cap. 24. The Twelve Burgesses of Ipswich are so called Also the inhabitants of the Cinque Ports are so termed according to Camdens Britannia Portmote from the Sax Porte i. Portus gemot i. Conventus Is a Court kept in Haven-Towns or Ports as Swainmot in the Forest Manwood par 1. pag. 111. It is called the Portmoot Court Anno 43 Eliz. ca. 15. Curia Portmotorum est Curia in Civitate Cestriae coram Majore in aula Motorum tenenda Pl. in Itin. ibid. 14 Hen. 7. Portsale Anno 35 Hen. 8. cap. 7. Is the sale of Fish presently upon its arrival in the Port or Haven Possession Possessio quasi Pedis positio Is twofold actual and in Law The first is when a Man actually enters into Lands or Tenements to him descended the other when Lands or Tenements are descended to a Man and he hath not as yet actually entred into them Before or until an Office is found of Lands Escheated by Attainder 〈◊〉 King hath onely Possession in Law and not in Deed. Stamf. Praerog fol. 54. There is also an Unity of Possession which the Civilians call Consolidationem As if the Lord purchase the Tenancy held by Heriot service the Heriot is extinct by Unity of Possession because the Seigneury and Tenancy are now in one Mans possession Kitchin fol. 134. See other Divisions of Possession in Bracton lib. 2. cap. 17. Post See Per. Post Conquestum Was first inserted in the Kings Title by Edward the Third Anno 1328. Claus 2 Edw. 3. in Dorso m. 33. Post Diem Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return for which the Custos Brevium hath four pence whereas he hath nothing if it be returned at the day sometimes taken for the Fee it self Post Disseisin Post Disseisina Is a Writ given by the Statute of Westm 2. cap. 26. and lies for him that having recovered Lands or Tenements by Praecipe quod reddat upon default or reddition is again disseised by the former Disseisor Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs fol. 208. a. Post Fine Is a duty belonging to the King for a Fine formerly acknowledged before him in his Court which is paid by the Cognizee after the Fine is fully passed and all things touching the same accomplished The rate thereof is so much and half so much as was paid to the King for the Fine and is collected by the Sheriff of the County where the Land lies whereof the Fine was levied to be answered by him into the Exchequer Post Term Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely for the Filing any Writ by any Attorney after the Term or usual time in which such Writs are returnable for which the Custos Brevium takes the Fee of xx d. Postea Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict and there afterwards recorded See Plowden Casu Saunders fol. 211. a. See an example of it in Coâ—es Rep. Vol. 6. Rowlands Case fol. 41. See Custos Brevium Posteriority Posterioritas the Being or coming after or behinde Is a word of Comparison and Relation in Tenure the Correlative whereof is Priority For a Man holding Lands or Tenements of two Lords holds of his Ancienter Lord by Priority and of his later Lord by Posteriority Stamf. Praerog fol. 10. 11. When one Tenant holds of two Lords of the one by Priority of the other by Posteriority c. Old Nat. Br. fol. 94. See 2 Instit fol. 392. Postnati 7 Jac. It was by all the Judges solemnly adjudged that those who after the descent of the Crown of England to King James were born in Scotland were no Aliens in England As on the contrary the Antenati or those born in Scotland before the said descent were Aliens here in respect of the time of their Birth See Calvins Case 7 Report Pot Anno 13 Car. 2. cap. 6. A Head-piece for War Pot Ashes Anno 12 Car. 2. cap. 4. Are made of the best Wood-ashes and used in the making of Soap some are made in England but the best come from beyond Sea Pound Parcus Signifies generally any strong inclosure to keep in Beasts but especially a place of strength to keep Cattle that are distrained or put in for any Trespass done by them until they be replevied or redeemed and in this signification it is called a Pound Overt or open Pound being built upon the Lords Waste and is called the Lords Pound for he provides it for the use of himself and his Tenants See Kitchin fol. 144. It is divided into Pound Open and Pound Close Pound Open or Overt is not onely the Lords Pound but a Backside Court Yard Pasture-Ground or whatever else whither the owner of the Beasts Impounded may come to give them Meat and Drink without offence for their being there or his coming thither Pound Close is then the contrary viz. Such a one as the owner cannot come unto for the purpose aforesaid without offence as some Close-house Castle Fortress or such like place Pound-breach See Pund-brech Poundage Pondagium Is a Subsidy granted to the King of all manner of Merchandise of every Merchant Denizen and Stranger carried out of this Realm or brought into the same to the value of Twelve pence in every Pound This was granted to Henry the Sixth for term of his life and to King Charles the Second Anno 12 Car. 2. cap. 4. Pourallée See Purluc Pour fair proclamée que nul inject Fines ou ordures en fosses ou Rivers pres Cities c. Is a Writ directed to the Mayor Sheriff or Bailiss of a City or Town commanding them to proclaim That none cast filth into the Ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176. Pourpartie Propars Propartis vel Propartia Is contrary to Pro indiviso for to make Pourpartie is to divide and sever the Lands that fall to Parceners which before Partition they hold joyntly and Pro indiviso Old Nat. Br. fol. 11. Pourpresture Pourprestura from the Fr. Pourpris a Close or Enclosure Is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
violatio hence to go astrey or as we now write it stray i. To go out of the way Strebrech 100 sol omendet Leg. Hen. 1. ca. 81. Strebrech est si quis viam frangat concludendo vel avertendo vel fodiendo MS. Sterling Sterlingum and in old Records Sterilensis Was the ancient Epitheton for money properly of Silver currant in this Realm Stat. of Purveyors ca. 13. and took name from this that there was a certain pure Coyn stamped first in England by the Easterlings or Merchants of East-Germany by the command of King John Accordingly Hoveden writes it Esterling And in several old Deeds I have seen vint livres d'Esterlinges By the Stat. 31 Ed. 1. the Peny which is called the Sterling round and without clipping weighes 32 graines of Wheat well dryed and twenty pence make an ounce and twelve ounces a pound and eight pound a Gallon of Wine and eight Gallons a Bushel which is the eighth part of a Quarter The word Sterling is now much disused in stead of five pound sterling we say five pound of currant or lawful English Money See more of this word in the Sax. dict verbo Steoran Stews or Stues Are those places which were permitted in England to Women of professed incontinency for the profer of their bodies to all comers and is derived from the Fr. Estuves i. Thermae Balneum because wantons are wont to prepare themselves for venereous acts by bathing And that this is not new Homer shews in the eighth Book of his Odyss where he reckons Hot Bathes among the effeminate sort of pleasures See the Statute of 11 Hen. 6. ca. 1. Henry the Eighth about the year 1546 forbad them for ever Steward Senescallus Is compounded of the Sax. Steda i. Room Place or Stead and Ward as much as to say a man appointed in my place or stead and hath many applications yet alwayes signifies an Officer of chief account within his Jurisdiction The greatest of these is the Lord High-Steward of England which was anciently the inheritance of the Earls of Leicester till forfeited to Henry the Third by Simon de Mountfort but the power of this Officer being very great of late he has not usually been appointed for any long time but onely for the dispatch of some special business at the Arraignment of some Noble-man in case of Treason or such like which once ended his Commission expires Of the High-Steward of Englands Court you may read 4 Inst fo 59. Then is there the Steward of the Kings Houshold Anno 24 Hen. 8. ca. 13. whose name was changed to that of Great-Master Anno 32 ejusdem ca. 39. But this Statute was repealed by 1 Mar. 2 Parl. ca. 4. and the Office of Lord Steward of the Kings Houshold revived where you may read much of his Office as also in Fitz. Nat. Br. fo 241. b. Of this Officers ancient power read Fleta lib. 2. ca. 3. This wordis of so great diversity that there is in many Corporations and in all houses of Honour throughout the Realm an Officer of this name and authority What a Steward of a Mannor or Houshold is or ought to be Fleta fully describes lib. 2. ca. 71 72. Though Senescallus be now the usual Latin for Steward yet I have seen a Copy of Court-Roll of Mardyn in Herefordshire 17 Edw. 4. concluding thus Et huic Copiae sigillum Locumtenentis est appensum Stilyard Guild-halda Teutonicorum Anno 19 Hen. 7. ca. 23. 22 Hen. 8. ca. 8. and 32 ejusdem ca. 14. Was a place in London where the fraternity of the Easterling-Merchants otherwise called the Merchants of Hawnse and Almain Anno 1 Edw. 6. ca. 13. had their abode See Geld. It was so called of a broad place or Court wherein Steel was much sold upon which place that House was founded See Hawnse Stoc and Stovel Praeterea si homines de Stanhal dicti Abbatis inventi fuerint in bosco praedicti W. cum forisfacto ad Stoc ad Stovel al. Stovene aliquis quaerens corporaliter in terram per eos seisa fuerit malefacto pro delicto qui taliter inventus est reddet tres solidos Similiter concessum est quod si aliquis inventus fuerit cum branchiis quercuum vel cum aliis minutis boscis cum forisfacto illo ad Stoc ad Stovel malefactor ille reddet sex denarios E quadam Carta conventionum inter Will. de Bray Abbat Conv. de Osiney See Zuche Stockikind See Gavelkind Stotall Also moreover we have granted in amendment of the City that they bin all quit of Bryztchel of Childwit Zeresgen and of Stotall So that no Sheriff of London neither none other Bayly make Stotal in the Francheis aforesaid c. This I find in an old Printed Book which delivers it inter al. As the Charter of Hen. 1. to the City of London but the word is without doubt mistaken for Scotale Stone of wool petra lanae Anno 11 Hen. 7. ca. 4. Ought to weigh fourteen pounds yet in some places by Custom it is more and in some places it is but twelve pounds and a half Le Charre de plumbo constat ex 30 formellis quaelibet formella continet 6 petras exceptis duabus libris quaelibet Petra constat ex 12 libris Compositio de ponderibus A Stone of Wax is eight pound And at London the Stone of Beef is no more See Weights and Sarpler Stovene See Zuche Stowage From the Sax. stow Locus Is the Room or place where Goods are laid or the money that is paid for such place Straits or Streits Anno 18 Hen. 6. cap. 16. and 1 Rich. 3. cap. 8. A sort of narrow Course Cloth or Kersey anoiently so called Stranded from the Sax. Strand i. A Shore or Bank of the Sea or great River Is when a Ship is by tempest or ill steerage run on Ground and so perishes Stat. 17. Car. 1. cap. 14. See Strond Stray i. Si aliquod animal casu erraverit infra libertatem Prioris advenerit a Ballivis ejus captus fuerit ducetur ad Pynfoldam ibi servabitur per unum annum unum diem si nemo illud clamaverit infra illud tempus erit Priori Si autem venerit quis legitime probaverit illud esse suum dabit pro quolibet pede unum denarium solvet expensas quae factae fucrant rehabebit bestiam suam Ex Regi str o Priorat de Cokesford see Estray Stranger Fr. Estrangiâ—r Signifies generally a Man born out of the Realm or unknown but in Law it hath a special signification for him that is not privy or party to an Act As a Stranger to a Judgment Old Nat. Br. fol. 128. is he to whom a Judgment does not belong and herein it is directly contrary to party or privy See Privy Stream-works Anno 27 Hen. 8. cap. 23 Is a kinde of work in the Stanneries Of these Mines or Tinworks says Camden
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
diverted to this kind of search these thirty years as my Glossographia will in some measure witness For whil'st my Contemporaries studied the Law it self and gain'd Riches I was hunting after the difficult and uncuth Terms of it and got nothing but my own satisfaction Nor can I otherwise judge but a Noâ—o lexicon may be as necessary and useful in our Law-Common-wealth even from the Coif to the puny-Clerk as a Lexicon Juridicum among the Civilians or Lexicon-Medicum with the Physitians since I am by this time perswaded that no Law or Science has more abstruse Terms then ours Now that I may in some measure prevent the Readers suspition that my abilities are not commensurate with so great an Undertaking I 'le tell him freely I have in this Meadow made little hay with my own fork but in the more common words have made use of Cowel Lambert Crompton West Terms of the Law Skene c. yet seldom without Corrections Contractions or Additions In the Supplementals Bracton Britton Flâ—ta Spolman Camden Cake our several Reporters and divers other Authors have been my Guides And in such Words wherein Printed Books afforded me no light I have consulted Records Charâ—ers ancient Manuscripts and some of the best Antiquaries of these times from whom I received both encouragement and assistance To many Words I have added their Etymologies where I found them apposite encouraged thereto by the opinion of a Learned Judge Etymologies if they be rightly us'd and drawn from the final cause or from the Effect do not onely yield an Argument of good consequence but also afford much illustration and delight I have briefly inserted all the old Writs out of the Registers though many of them are worn out of use and have not omitted even the Mechanick Words mentioned in our Statutes since there may be use of such knowledge in Pleadings And Lawyers as Cowel well observes professing true Philosophy should not be ignorant of such nor even of Trees from the Cedar of Lebanon to the Hysop that springs out of the Wall Though to gratify the young Student I have inserted some Words which will seem very common to the more Learned yet I have rejected divers I found in Cowel as too mean and indeed not at all deserving an explication such are Groome Sluce Copie Revels Toile VVedding Baubels c. And the names of our common Drugs and Spices mentioned in the Statute of 1 Jac. Besides the general design of this Dictionary in explaining the difficult Law-terms both ancient and modern I conceive the Student may make a further use of it as a Repertory or Common-place Since many Statutes Law-books Charters and Records are cited or referr'd to in most words For I have heard the learned Lord Keeper Littleton made use of Cowels Interpreter for the like service If I have sometimes committed a Jeofaile or hunted Counter in any explication or Etymology in so large a field of words and stor'd with such variety of Game it will be no wonder and I hope will draw no censure upon me from the Ingenuous Quis enim mortalium in argumento tam vario immenso tam nodoso rigido caliginoso alias non erret alias non caecutiat Besides the learned Spelman sometimes concludes a Word with a fateor me ignorare and even Sir Edward Coke has err'd pardon the boldness of that word at least in Etymons as in Atin Hotchpot Panel Heriot Domicellus c. Therefore if I leave some words with a Quaere or a Fortasse to be resolved or corrected by the more learned it is but what Cowel frequently and Spelman has sometimes done Facile est recolere laboriosum condere Advertisements TO the end the Reader may readily know the Series of our Kings from the Conquest and for the most part in what Kings Reign a Charter without Date is made by His Title and again in what Year of our Lord every King Reigned and how long I have prefix'd a Necessary Table to that purpose Such also of the Saxon Characters as are different from the Common since through the want of some knowledge in that Language Authors have committed many Errors The word Gersuma being by some miswritten Gressume by others Grossome and by some Gressame Grithbreche occurs in some Gethbreche Grithbrich Greatbreach Grichbreach and Greachbreach So for Æ¿ere Æ¿ite Were Wite we meet with Pere Pite and the like of divers other words Before the Conquest Charters were usually dated sometimes by Olympiads sometimes by Calends Nones Ides but most frequently by the year of our Lord. After the Conquest Dates were commonly omitted especially in the Deeds of Subjects till King Edward the Second and Edward the Thirds dayes and thenceforth the year of the Kings Reign or that of our Lord was constantly inserted So that Deeds made since the Conquest and found without date may be presumed to be in time before those Kings Reigns Witnesses names were added in the body of the Deed and with the same Hand the Deed was written till and in King Henry the Eighths time but now changed into Endorsements where the Witnesses subscribe their own Names Additions to persons Names in publick Writings and Pleadings were very rarely used till the Statute of 1 Hen. 5. In my Progress where any ancient Charters or Records were judged to be extraordinary either for matter or form I have transcribed them at large but the generality are abridg'd to avoid prolixity One onely Seal of King Edward the Fourth as he was Earl of March I was induced as well for the rarity as preservation of it to exhibit in Sculpture though without the limits of my Province I need not Apologize the Latin where it occurs since both in ancient as well as the modern times our Law-pleadings Charters and Records were alwayes expressed forensi latinitate which is acknowlodged not to be of the purer sort And ae Dipthongs of old seldome used though I have mostly supply'd them To some Words I have added the variae lectiones I met with as Churchesset Flemenefyrinthe Lairwite Scavage c. To others the Etymons which sometimes proved the more difficult in that divers of our Law-Terms of birth since the Conquest are voces hybridae mungrel words one part Saxon the other French or Latin not without a mixture sometimes of British and other Languages The Records and Charters I cite were for the most part copied from the Originals some from printed Books of unquestionable Authority others from the Collections and Manuscripts of faithful and industrious lovers of Antiquity The SAXON CHARACTERS which differ from the VULGAR d f g h M r s t Æ¿ þ d f g h M r s t w th A Titular and Chronological TABLE of our KINGS and QUEENS from the Conquest to the present 1670. Kings NAMES and Titles Began their Reigns Reigned Ye Mo Da. Since they Reigned 1 WIlhelmus Rex Wilhelmus Rex Anglorum Wilhelmus Rex Anglorum Princeps
19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâ—r Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
from the Fr. allumer to lighten or kindie is used for one who by his trade coloureth or paints upon Paper or Parchment And the reason is because lie gives light and ornament by his colours to the Letters or other Figures coloured The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner Almner or Aumoner Elecmosynarius Is an Officer of a King or Princes house whose Function is carefully to collect the fragments of Meat and Victuals and distribute them every day to the poor charitably to visit the sick and leprous prisoners poor widows needy persons and those that have no constant abode likewise to receive and faithfully distribute cast Horses Robes Money and other things given in Alms he ought also to excite the King with often admonitions especially on Festival days to be bountiful in giving Alms and to beseech that his rich robes may not be given to Parasites Maskers Stage-players or the like but may go towards the increase of his Alms. Fleta lib. 2. cap. 22. Almsfeoh or Aelmesfeoh Sax. i. Alms-money that is Peterpence anciently paid in England on the first of August and given by King Ina called also Romefeoh Romescot and Heorthpening Seldens History of Tythes pag. 217 Almoin See Aumone Alnage Fr. Aulnage Ell-measure the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager Alnager or Alneger Fr. Aulner i. A Measurer by the Ell signifies a sworn publick Officer who by himself or deputy looks to the Assize of Woollen Cloth made through the Land and to the Seals for that purpose ordained Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging 17 Rich. 2. cap. 2. Read of this more 27 Edw. 3. cap. 4. 1 Hen. 4. cap. 13. 7 Ejusdem cap. 10. 11 Ejusdem cap. 6. 13 Ejusdem cap. 4. 11 Hen. 6. cap. 9. 31 Ejusdem cap. 5. 4 Edw. 4. cap. 1. 8 Ejusdem cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing all which were anciently comprized in the unity of one person These bear the distinct names of Searcher Measurer and Alneger which last though it be a Tautotological expression Aulnage and Measure being the same thing denoted in two Languages yet long usage and custom have brought them to distinct Offices and that which anciently was called Alnage from whence the Alnager takes the name who was no more but Measurer in signification is now become Collector of the Subsidy granted to the King by the before recited Statutes still holding the name Alnager because the collection of that Subsidy was by Edward the Third committed to the charge of the Alnager and he nevertheless not abridged of his measuring and searching till by his own wilful neglect they became separated and that by distinct Laws Insomuch as there is now a peculiar Measurer who ought to allow the Assize of length and bredth to every particular Cloth made in England and Wales And because the Subjects of this Land should not be abused an office of Searching is established by Act of Parliament whose Officer ought by his Seals judiciously and diligently affixed to denote the defaults and casual abuses which each particular Cloth contains All these Offices were anciently under the cognizance of the Alnager as you may read at large in a Treatise entituled The Golden Fleece Printed Anno 1656. See 4 Instit fol. 31. Alodium in Doomsday signifies a free Mannor and Alodarii Lords of the same Coke on Littl. fol. 5. Altarage altaragium Comprehends not onely the offerings made upon the Altar but also all the profit which accrues to the Priest by reason of the Altar Obventio Altaris Northampton ss Inter ordines sive decreta de Termino Sancti Mich Anno 21 Eliz in Scaccario remanentes in custodia Rememoratoris Regis inter alia continetur sic Jovis 12 Die Nov. UPon the Hearing of the Matter betwixt Ralph Turner Vicar of West-Haddon and Edward Andrews it is ordered That the said Vicar shall have by reason of the words Altaragium cum manso competenti contained in the Composition of the Profits assigned for the Vicars maintenance all such things as he ought to have by these words according to the Definition thereof made by the Reverend Father in God John Bishop of London upon Conference with the Civilians viz. David Hewes Judge of the Admiralty Bartholomew Clark Dean of the Arches John Gibson Henry Jones Laurence Hewes and Edward Stanhop all Doctors of the Civil Law that is to say By Altaragium Tythes of Wool Lamb Colt Calf Pigs Goslings Chickens Butter Cheese Hemp Flax Honey Fruits Herbs and such other small Tythes with Offerings that shall be due within the Parish of West-Haddon And the like case was for Norton in Northamptonshire heard in the said Court within these two or three years upon the Hearing Ordered in the like manner Oblationes sive numinorum sive panum tali vel tali Altari vel ex devotione vel ex consuetudine aut a Parochianis aut ab extraneis factae Altaragii nomine censebantnr Gloss in Mat. Paris Alto basso or in Alto in basso Pateat universis per presentes quod Willielmas Tylar de Yetton Thomas Gower de Aylemestre posuerunt se in alto in basso in arbitrio quatuor hominum viz. de quadam querela pendente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Thomam Et praedicti quatuor homines judicaverunt ordinaverunt quod Dat. apud Aylemestre die Mercurii prox post Festum Conceptionis B. Mariae Anno 2 Hen. 5. Ipse Prior venit Bogo similiter ponunt se in gratiam misericordiam voluntatem Regis de alto basso ad quod mandantur Turri London c. Plac. coram Rege Hil. 18 Edw. 1. By this is meant the absolute submission of all differences small and great high and low Amabyr See Chevage Ambidexter Lat He that useth his left hand as well as his right that plays on both sides But in the legal acception it signifies That Juror or Embraceor who takes Money on both sides for giving his verdiet for which he forfeits ten times so much as he takes 38 Edw. 3. cap. 12. Crompt Just of P. fol. 156. b. Ame Kings Proclamation 1663. See Aume Amenable from the Fr. amener i. To bring or lead unto Others write it amainable from the Fr. main a hand tractable that may be led by the hand or governed that may be brought or fetched in It is applied in our Law Books to a Woman that is supposed governable by her Husband Amendment amendatio signifies the correction of an Error committed in a Process and espied before or after Judgment and sometimes after the party seeking advantage by the Error Brook titulo Error and Amendment Amerciament
from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a Rent-charge shall be apportioned as if a Man hath a Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit of such Religious Houses and their Lands as were given him by Act of Parliament the same year not Printed For dissolving which Court there was authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
Aulneger See Alnager Aumone Fr. aumosne i. an Alms Tenure in Aumone is a Tenure by Divine Service so says Britton fol. 164. As when Lands or Tenements are given in Alms to some Church or Religious House with Condition that some Service or Prayers shall be offered at certain times for the good and quiet of the Donors Soul or otherwise See Frank Almoin Aumonier Fr. Aumosnier See Almner Auncel-weight quasi Hand-sale weight or from Ansa i. The handle of the ballance Is a kinde of weight with Scales hanging or Hooks fastned at each end of a Beam or Staff which a Man lifted up upon his fore-finger or hand and so discerned the equality or difference between the weight and the thing weighed In which because there was wont to be great deceit it was forbidden 25 Edw. 3. Stat. 5. cap. 9. 34 Ejusdem cap. 5. and 8 Hen. 6. cap. 5. And the even ballance onely commanded notwithstanding it is still used in some parts of England By a Constitution made by Henry Chicheley Archbishop of Canterbury Anno 1430. Pro abolitione ponderis vocati Le Auncel weight seu Scheft seu Pounder c. Doloso quodam staterae genere qui utitur Excommunicandus Auncient Demeasn See Ancient Demeasn Avoidance hath two significations the one when a Benefice becomes void of an Incumbent the other when we say in Pleadings in Chancery confessed or avoided traversed or denied c. See Voidance Avowè advocatus Britton cap. 29. saith That Avowè is he to whom the right of Advowzen of any Church Appurtains so that he may present thereunto in his own name And is called Avowè for a difference from those that sometime present in another Mans name as a Guardian that presents in the name of his Ward and for a difference also from those who have the Lands whereto an Advowzen appertains but onely for term of their lives or of years by Intrusion or Disseisin See Advowè Avowry Fr. Advouerie Is where one takes a Distress for Rent or other thing and the other sues Replevin then the taker shall justifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking which is called his Avowry But if he took it in the right of another then when he has shewed the Cause he shall make Conusance of the taking as Bailiff or Servant to him in whose right he did it Terms of the Law Anno 21 Hen. 8. cap. 19. For the more speedy and effectual proceeding upon Distresses and Avowries for Rents see the Stat. 17 Car. 2. cap. 7. Avoir du pois Fr. avoir du poids i. Habere pondus aut justi esse ponderis Signifies First a kinde of weight different from that which is called Troy-weight containing but Twelve ounces to the pound whereas this hath Sixteen And in this respect it is probably so called because it is of more weight then the other 2. It signifies such merchandises as are weighed by this weight and not by Troy-weight as in the Statute of York 9 Edw. 3. in Proaem 27 Edw. 3. Stat. 2. cap. 10. and 2 Rich. 2. cap. 1. See Weights Aurum Reginae Rot. Pat. Anno 52 Hen. 3. in 26. See Queen-Gold Austureus A Goshawk whence we usually call a Faulkoner who keeps that kinde of Hawks an Ostringer Some ancient Deeds have reserved Unum Austurcum as a Rent to the Lord. Await 13 Rich. 2. cap. 1. It is Ordained That no Charter of Pardon from thenceforth shall be allowed before any Justice for Murder or for the Death of a Man stain by Await Assault or Malice prepensed Lreason or Rape of a Woman unless the same be specified in the Charter c. Seems to signifie that which we now call Way-laying or lying in Wait. Award from the Fr. agarder Propriè est Judicium ejus qui nec à lege nec à Judice datur ad dirimendam litem sed ab ipsis litigantibus eligitur Is the judgment of him who is chosen by two or more parties at variance to determine the Controversie between them Dictum quod ad custodiendum seu observandum partibus imponitur Spel. Awm 1 Jac. cap. 33. and 12 Car. 2. cap. 4. A Measure of Rhenish-wine containing forty Gallons Yet I finde in a very old Printed Book thus The Rood of Rhenish-wine of Dordreyght is ten Awames and every Awame is fifty Gallons Item the Rood of Antwarp is xiiij Awames and every Awame is xxxv Gallons Auxilium ad filium militem faciendum et filiam maritandam Was a Writ directed to the Sheriff of every County where the King or other Lord had any Tenants to levy of them reasonable Aid towards the Knighting His Son and the Marriage of His eldest Daughter See Aid Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24. Ayd See Aid B. BAchelor bachalaureus of the Fr. Bachalier i. tyro Whence I gather those that are called Bachelors of the Companies in London are such of each Company as are springing towards the estate of those that are employed in Council but as yet are inferiors For every Company of the Twelve consists of a Master two Wardens the Livery which are Assistants in Matters of Council or at the least such as the Assistants are chosen out of and the Bachelors who are yet but in expectance of Dignity among them and have their Function onely in attendance upon the Master and Wardens Bachelor was anciently attributed to the Lord Admiral of England if he were under a Baron This word is used Anno 13 Rich. 2. Stat. 2. cap. 1. and signifies as much as Knight-Batchelor does 3 Edw. 4. cap. 5. that is a Simple Knight not a Knight Baneret or Knight of the Bath Sachez nous Roger de Mortimer Seigneur de Wygemore avoir donne grante a nostre chier Bachiler Monseur Robert de Harley pour son bon service pour cent livres de argent la garde du Corps Gilbert Filz heir Sir Johan de Lacy ensemblement ove le marriage mesmes celuy Gilbert deyns age esteant en nostre garde c. Donne a Penebrugge l'an du regne le Roy Edward Filz le Roy Edward unzyme See Baneret Backberend Sax. Signifies bearing upon the back or about a Man Bracton uses it for a sign or circumstance of manifest theft called by the Civilians Furtum manifestum which he defines thus Ubi latro deprehensus est seisitus de aliquo latroâ—imio sc Handhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit Lib. 3. tract 2. cap 32. Manwood 2 pa. For. Laws Notes it for one of the four Circumstances or Cases wherein a Forester may arrest the Body of an Offender against Vert or Venison in the Forest For by the Assise of the Forest of Lancaster says he taken with the manner is when one is found in the Kings Forest in any of these four degrees
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so called of the Italian word Barrataria signifying Corruption or Bribery in a Judge giving a false sentence for Money whom you may read more at large as also Hortensius Cavalcanus in his Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
Sylvestres Are the Hart Hind Hare Bore and Woolf. Manwood part 2. cap. 4. num 1. Beasts and Fowls of Warren Are the Hare Coney Pheasant and Partridge Manw. part 2. cap. 4. num 3. Beastials See Bestials Beau-pleader Fr. Beau-plaider i. To plead fairly Is a Writ upon the Statute of Marlbridge 52 Hen. 3. cap. 11. whereby it is provided That neither in the Circuit of Justices nor in Counties Hundreds nor Courts Baron any Fines shall be taken of any Man for Fair pleading that is for not pleading fairly or aptly to the purpose upon which Statute This Writ was ordained against those that violate the Law herein See Fitz. Nat. Br. fol. 270. whose Definition is to this effect The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff or other Bailiff in his Court takes Fine of the Party Plaintiff or Defendant for that he pleads not fairly c. And it was as well in respect of the Vicious Pleading as of the Fair Pleading by way of amendment 2 Part. Inst fol. 122. Bedel Bedellus Sax. bydel A Cryer or Messenger of a Court the Keeper of a Prison or House of Correction an under Bailiff of a Mannor Manwood par 1. fol. 221. says A Beadle is an Officer or Servant of the Forest who makes all manner of Garnishments of the Courts of the Forest and all Proclamations as well within the Courts as without and executes all the processes of the Forest he is like a Bailiff Errant of a Sheriff in a County Edgarus interdicit omnibus ministris suis id est Vicecomitibus Bedellis Balivis in Patria Girvirorum Ne introeant fines limites dicti Marisci Ingulphus Hist Croyl Bedelary Is the same to a Bedâ—l as Bailiwick to a Bailiff Littl. lib. 3. cap. 5. Bederepe alias Bidrepe Sax. Is a service which some Tenants were anciently bound to perform viz. To repe their Land-lords Corn at Harvest as some yet are tied to give them one two or three days work when they are called Debent venire in Antumpno ad precariam quae vocatur a le Bederepe Pla. in Crast Pur. 10 Hen. 3. Rot. 8. Benefice beneficium Is generally taken for any Ecclesiastical Living or Promotion be it Dignity or other As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative So is it used in the Canon Law Duarenus de Beneficiis l. 2. cap. 3. Beneficio primo Ecclesiastico habendo Is a Writ directed from the King to the Chancellor to bestow the Benefice that shall first fall in the Kings gift above or under such a value upon this or that Man Reg. of Writs fol. 307. b. Benerth Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a. Benevolence Benevolentia favor good will Is used both in the Chronicles and Statutes of this Realm for a voluntary gratuity given by the Subjects to the King Stows Annals pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition But Stow pag. 791. saith That the invention grew from Edward the Fourths days you may finde it also Anno 11 Hen. 7. cap. 10. to be yielded to that worthy Prince in regard of his great expences in Wars and otherwise See Cokes 12 Rep. fol. 119 120. It is in other Nations called Subsidium charitativum given sometimes to Lords of the Fee by their Tenants sometimes to Bishops by their Clergy Cassan de consuet Burg. pag. 134 136. By Act of Parliament 13 Car. 2. cap. 4. it was also given to His Majesty that now is King Charles the Second Bercaria from the Fr. Bergerie A Sheep-coat or Sheepfold In Doomsday it is called Berquarium 2 Part. Cokes Inst fol. 476. Dedi sexaginta acras terrae ad unam Bercariam faciendam Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk Berghmayster from the Sax. berg Mons quasi Master of the Mountain A Bailiff or cheif Officer among our Derbishire Miners who among other parts of his Office does also execute that of Coroner among them Juratores dicunt quod in principio quando Mineratores veniunt in campum minera quaerentes inventa minera venient ad Balivum qui dicitur Berghmayster petent ab eo duas Metas si sit in novo campo habebunt unam scil pro inventione aliam de jure Mineratorum unaquaeque meta continet quatuor Perticatas ad foveam suam septem pedes unaquaeque Perâ—â—cata â—rit de 24 pedibus c. Esâ— de Anno 16 Edw. 1. num 34. In Turr. Lond. See Berghmoth Bergmoth or Berghmote Juratores dicunt etiam quod Placita del Bergmoth debent teneri de tribus septimanis in tres septimanas super mineram in Pecco Esâ— 16 Edw. 1. ut supra This Bergmoth or Berghmote comes from the Saxon berg i. Mons and mote or gemote conventus Quasi the Court held upon a Hill for deciding Pleas and Controversies among the Derbishire Miners of which thus Mr. Manlove in his ingenious Treatise of their Customs And Sute for Oar must be in Berghmote Court Thither for Justice Miners must resort If they such Sutes in other Courts commence They lose their due Oar-debt for such offence And must pay Costs because they did proceed Against their Custom Miners all take heed No Man may sell his Grove that 's in contest Till Sute be ended after the Arrest The Sellers Grove is lost by such offence The Buyer fined for such Maintenance And two great Courts of Berghmote ought to be In every year upon the Minery To punish Miners that transgress the Law To curb Offenders and to keep in aw Such as be Cavers or do rob Mens Coes Such as be Pilferers or do steal Mens Stows To order Grovers make them pay their part Joyn with their Fellows or their Groves desert To fine such Miners as Mens Groves abuse And such as Orders to observe refuse Or work their Meers beyond their length and Stake Or otherwise abuse the Mine and Rake Or set their Stows upon their Neighbors Ground Against the Custom or exceed their Bound Or Purchasers that Miners from their way To their Wash-troughs do either stop or stay Or dig or delve in any Mans Bing-place Or do his Stows throw off break or deface To fine Offenders that do break the Peace Or shed Mans Blood or any Tumults raise Or Weapons bear upon the Mine or Rake Or that Possession forcibly do take Or that disturb the Court the Court may fine For their Contempts by Custom of the Mine And likewise such as dispossessed be And yet set Stows against Authority Or open leave their Shafts or Groves or Holes By which Men lose their Cattle Sheep or Soles And to lay Pains that grievance be redress'd To case the Burdens of Poor-men oppress'd To swear
of God and Law of this Land 3 Inst. fol. 205. And Rot. Parl. 14 R. 2. num 32. Bruck-bote from the Germ. Bruck i. Bridge and Bote i. Compensation Signifies a Tribute or Contribution towards the mending or reedifying of Bridges whereof many are freed by Royal Charter and thereupon the word is used for the very Liberty or Exemption it self See Pontage and Brig-bote Bruâ—ere Fr. Bruyere Lat. Bruyrium erica quasi ericetum Heath and Heath-ground Pastura xi quarentenarum dimid longitudine latitudine Bruaria 2 leucarum longitudine latitudine Domesd Tit. Dorset Eccles Creneburn Ingelingham Hac autem appellatione Forenses vocant steriles camporum solitudines licet â—ricam non edant Heath-ground Spel. Buckstall Et sint quieti de Chevagio Hondpeny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham By the Stat. 19 Hen. 7. cap. 11. it seems to be a Deer-hay Toyl or great Net to catch Deer with which by the said Statute is not to be kept by any man that hath not a Park of his own under pain of 40 l. To be quit of Buckstals i. Ubi homines convenire tenentur ibidem convenire ad stableiam faciendam circa feras ad easdem congregand quietum esse de hoc servitio quando Dominus chaseaverit 4 Inst fol. 306. Buck-wheat Mentioned in the Statute 15 Car. 2. cap. 5. Is otherwise called French Wheat and well known Budge of Court See Bouche Buggery According to Sir Edward Coke Rep. 12. pag. 36. Comes from the Ital. Buggerare to Bugger and is described to be Carnalis copula contra naturam haec vel per confusionem specierum sc A Man or a Woman with a bruit Beast vel sexuum A Man with a Man or a Woman with a Woman This offence committed with Mankinde or Beast is Felony without Clergy it being a sin against God Nature and the Law and was brought into England by the Lombards as appears by Rot. Parl. 50 Edw. 3. num 58. See the Stat. 25 H. 8. cap. 6. revived 5 Eliz. 17. Fitzh Nat. Br. fol. 269. b. In ancient time such Offenders were burnt by the Common Law This most detestable sin was justly excepted out of the Act of General Pardon 12 Car. 2. cap. 8. Bull Bulla Ital. Bolla was a Gold Ornament or Jewel for Children hollow within and made in fashion of a Heart to hang about their Necks but now it is most usually taken for a Brief or Mandate of the Pope or Bishop of Rome from the Lead or sometimes Golden Seal affixed thereto which Matthew Paris Anno 1237. thus describes In Bulla Domini Papae stat imago Pauli a dextris Crucis in medio Bullae figuratae Petri a sinistris The word is often used in our Statutes as 28 Hen. 8. cap. 16. And 1 2 Phil. Ma. cap. 8. 13 Eliz. cap. 2. Non solum sigillum significat imprimens impressum sed ipsas etiam literas bullatas interdum schedulam seu billam Misit quoque Archiepiscopus Cantuariae Regi Concilio suo schedulam sive Bullam in hunc modum continentem c. Spelm William de Brinckle recovered at the Common Law by Verdict against Otho Parson of the Church of Beston x l. Pro substractione unius Bullae Papalis de Ordinibus alterius Bullae de legitimatione tertiae Bul ae de veniam exorantibus pro animabus antecessorum suorum Trin. 4 Edw. 3. Rot. 100. Bulla Olim sigillum significans Gloss in x. Scriptores Bullenger The Commons do Petition that certain Commissions lately sent to Cities for the making of certain Boats and Bullengers being done without consent of Parliament might be repealed Rot. Parl. 2 Hen. 4. num 22. Bullion Fr. Billon i. The Mettaâ— whereof base Coyn is made Signifies with us Gold or Silver in Mass or Billet Anno 9 Edw. 3. Stat. 2. cap. 2. And sometimes the Kings Exchange or place whither such Gold in the Luâ—p is brought to be tryed or exchanged 27 Edw. 3. Stat. 2. cap. 14. And 4 Hen. 4. cap. 10. Bullion seems also to signifie of old a quantity of Salt according to Gervase of Tilbury writing of the Salt Springs in Worcestershire Bultel Is the refuse of the Meal after it is dressed by the Baker also the Bag wherein it is dressed I finde the word mentioned in the Statute entituled Assisa panis Cervisiae Anno 51 Hen. 3. Hence Bulted Bread Course Bread Bunda See Bound Burcheta from the Fr. Berche A kinde of Gun mentioned in the Forest Records Burgage Burgagium Fr. Bourgage Is a tenure proper to Borows whereby the Inhabitants by ancient Custom hold their Lands or Tenements of the King or other Lord at a certain yearly Rent It is a kinde of Soccage says Swinburn pa. 3. Sect. 3. num 6. Ad militiam non pertinet habetur ideo inter ignobiles tenuras Mentioned 37 Hen. 8. cap. 20. It was also anciently used for a Dwelling-house in a Borow-Town Sciant Quod ego Editha filia Johannis de Aula in ligea virginitate potestate mea dedi Deo Beatae Mariae omnibus Sanctis Eleâ—mosinariae Leominstr pro salute Animae meae In liberam puram perpetuam Eleemosinam totum illud Burgagium cum edificiis pertin suis quod jacet in Villa Leominstr Ex libro cartarum Priorat Leom Burghbrech alias Borgbrech Sax. Burhbryce i. Fidejussionis fractio vel plegii violatio Angli omnes decemvirali olim fidejussione pacem regiam stipulati sunt quod autem in hanc commissum est Burghbrech dicitur ejusque cognitio vindicta Regiis Chartis plurimis credebantur pro quorum dignitate mulcta alià s levior fuit alià s gravior Vide LL. Canuti cap. 55. Burghbrich i. Laesio libertatis aut septi Gallicè blesmure de Courte ou de close Polychron lib. 1. cap. 50. Burgbote Sax. Burg Burh Burgus and Bote compensatio A Tribute or Contribution towards the building or repairing of Castles or Walls of Defence or towards the building of a Burow or City From which divers had exemption by the ancient Charters of the Saxon Kings whence it is ordinarily taken for the liberty or exemption it self Rastal Significat says Fleta quietantiam reparationis murorum civitatis vel Burgi Lib. 1. cap. 47. Burgheristh Istae consuetudines pertinent ad Taunton Burgheristh Latrones Pacis infractio Hanifare Denarii de Hundret Denarii S. Petri c. Quaere M. S. Camdeni penes Will. Dugdale Ar. Burgemote Sax. Curia vel conventus Burgi vel Civitatis the Borow-Court Et habeatur in anno ter Burgesmotus Schiremotus bis nisi saepius sit intersit Episcopus Aldermannus doceant ibi Dei rectum seculi LL Canuti M. S. cap. 44. Burgesses Burgarii Burgenses Are properâ—y Men of Trade or the Inhabitants of a Borow or Walled Town yet we usually apply this name to the Magistrates of such a Town as the
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
immunis whereas Fundus sine scripto censum pensitabat annuum atque officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò Freehold per Chartam hanc ad voluntatem Domini appellamus Thus Lambert Charter-party Lat. Charta partita Fr. Chartre-parti i. A Deed or Writing divided Is that among Merchants and Sea-â—aring men which we commonly call a Pair of Indentures containing the Covenants and Agreements made between them touching their Merchandise and Maritime Affairs Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case and 2 Inst fol. 673. Chartis Reddendis Is a Writ which lies against him that hath Charters of Feoâ—ment entrusted to his keeping and refuseth to deliver them Old Nat. Br. fol. 66. Reg. of Writs fol. 159. Chase Fr. Chasse Signifies two things First a driving Cattle to or from any place as to chase a Distress to a Fortlet Old Nat. Br. fol. 45. Secondly it is a place of Receipt for Deer and Wilde Beasts of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as the Courts of Attachment Swain-mote and Justice-seat and yet of a larger compass and stored with greater diversity both of Keepers and Wilde Beasts or Game then a Park Crompton in his Jurisd fol. 148. says A Forest cannot be in the hands of a Subject but it forthwith loseth its name and becomes a Chase and yet fol. 197. he says A Subject may be Lord and owner of a Forest which though it seems a contradiction yet both sayings are in some sort true For the King may give or alienate a Forest to a Subject yet so as when it is once in the Subject it loseth the true property of a Forest because the Courts called the Justice-seat Swain-mote and Attachment do forthwith vanish none being able to make a Lord Chief Justice in Fyr of the Forest but the King as Manwood well observes Par. 2. cap. 3. 4. Yet it may be granted in so large a manner as there may be Attachment Swain-mote and a Court equivalent to a Justice Seat as appears by him in the same Chapter num 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in his proper and true nature cannot and from a Park in that it is not enclosed and hath not onely a larger compass and more variety of Game but of Keepers also and Officers See Forest Chattels or Catals Catallia alias Capitalia Comprehend all Goods moveable and immoveable except such as are in nature of Freehold or parcel of it as may be collected out of Stamf. Praerog cap. 16. and Anno 1 Eliz cap. 2. Yet Kitchin fol. 32. says That Money is not to be accounted Goods or Chattels because it is not of it self valuable nor Hawks and Hounds for they are Ferae naturae Chattels are either personal or real Personal may be so called in two respects One because they belong immediately to the person of a Man as a Bow Horse c. The other for that being any way injuriously withheld from us we have no means to recover them but Personal Actions Chattels real are such as either appertain not immediately to the person but to some other thing by way of dependency as a Box with Charters of Land Apples upon a Tree or a Tree it self growing on the Ground Cromp. Just of Peace fol. 33. or else such as are issuing out of some immoveable thing to a person as a Lease or Rent for term of years See Bracton lib. 3. cap. 3 num 3. 4. Chattels are bona quaecunque mobilia immobilia propriè tamen ea bonorum pars quae in animalibus consistit a quorum capitibus res ipsae alias capita alias capitalia dicta sunt Spelman Chaumpert Et quod tam praedictae xx virgatae terrae quam terrae unde dicta quaterviginti quarteria srumenti annua proveniunt de nobis in Capite per servitium vocatum Chaumpert viz. Undecimae garbae nobis per manus tenentium toâ—rarum earundem annuatim solvendae tenentur Pat. 35 Edw. 3. pag. 2. m. 18. Hospital de Bowes infra Insulam de Gernesey Chaunce-medley See Chance-medley Chaunter Cantator A Singer in the Quire Anno 13 Eliz. cap. 10. At S. Davids in Pembrokeshire the Chaunter is next to the Bishop for there is no Dean Cam Britan. Chauntry Cantaria Aedes sacra ideo instituta dotata praediis ut Missa ibidem cantaretur pro anima fundatoris propinquorum ejus These were usually little Chappels or particular Altars in some Cathedral or Parochial Church and endowed with Lands or other Revenue for the maintenance of one or more Priests to officiate as abovesaid Mentioned 37 Hen. 8. cap. 4. 1 Edw. 6. c. 14. 15 Car. 2. cap. 9. Of these Chantries there were forty seven belonging to S. Pauls Church in London for which see Mr. Dugdales History of that Church Sciant quod ego Reginaldus Suard dedi Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae c. Dat. apud Leominstre die Martis prox post Festum Sancti Hillarii Anno 7 Hen. 5. Chawdren of Sea-Coals Anno 9 Hen. 5. cap. 10. See Chaldron Check-Roll Is a Roll or Book containing the names of such as are attendants and in pay to the King or other great persons as their Houshold-servants Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted or derived from the Exchequer which vide Clerk of the Check see in Clerk Chemin See Chimin Chensers Anno 27 H. 8. cap. 7. Quaere If not such as paid tribute or Cense Quit-rent or Cheif Rent For so the Fr. Censier signifies Cherset See Churchesset Chevage Chevagium from the Fr. chef i. caput Signifies a Tribute or sum of Money formerly paid by such as held Lands in Villanage or otherwise to their Lords in acknowledgment and was a kinde of Head or Poll-Money Whereof Bracton lib. 1. cap. 10. says thus Chevagium dicitur recognitio in sig num subjectionis Dominii de capite suo It seems also to be used for a sum of Money yearly given to a Man of power for his Countenance and Protection as to their cheif Head or Leader Lambert lib. 2. cap. 5. Eirenarch writes it Chivage we now call it Chiefage Est apud Wallos Chevagii genus quod Amabr vocant Principi Walliae pro maritandis filiabus olim ab omnibus ut asserunt hodie a quibusdam etiam liberis persolutum says Spelman on the word Chevagium See Coke on Littl. fol. 140. Chevisance Fr. Chevissance An Agreement or Composition made an End or Order set down
inde de opulentibus effecti miseri fodere non valentes aliquando inordinatâ concepta doloris anxietate deperiunt saepius in Cleri Ecclesiae scandalum nimid egestatis penuriâ mendicare miserabiliter compelluntur Litera missa omnibus Episcopis suffragancis Domini contra Choppe-Churches An. 1391. Spelm. de Conc. vol. 2. fol. 642. Church-Reve A Church-Warden Praepositus Ecclesiae or Gardianus Ecclesiae of whom thus Chaucer speaking of the Jurisdiction of Archdeacons Of Church-Reves and of Testaments Of Contracts and lack of Sacraments c. Church-Wardens Ecclesiae Gardiani Are Officers yearly chosen by consent of the Minister and Parishioners according to the custom of every place to look to the Church Church-yard and such things as belong to both and to observe the behavior of their Parishioners for such faults as appertain to the Jurisdiction or Censure of the Court-Ecclesiastick These are a kinde of Corporation enabled by Law to sue and be sued for any thing belonging to the Church or Poor of their Parish Anno 12 H. 7. cap. ult See Lambert in his duty of Church-Wardens Churchesset Ciricsceat Chirset or Curcscet Sax. Census vel tributum Ecclesiae Chirchescot Certam mensuram bladi tritici significat quam quilibet olim Sanctae Ecclesiae die Sancti Martini tempore tam Britonum quam Anglorum contribuerunt Plures tamen Magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant Prout in brevi Regis Knuti ad summum Pontificem transmisso continetur in quo illam contributionem Churchset appellant quasi semen Ecclesiae See Ciricsceat Seldens Hist of Tithes pag. 216. Et de essarto de prato de Chirset ejusdem villae c. Cart. de Anno 1 Edw. 3. num 3. And in Pat. 13 Edw. 4. par 2. m. 17. it is written Cherchez but the true Saxon is Cyricsceat Cinque Ports Quinque Portus Are those special Havens that lie towards France and therefore have been thought by our Kings to be such as ought most vigilantly to be preserved against Invasion In which respect they have an especial Governor or Keeper called by his Office Lord Warden of the Cinque Ports and divers priviledges granted them as a peculiar Jurisdiction their Warden having the authority of an Admiral among them and sending out Writs in his own name Crompton in his Jurisd fol. 28. names the Cinque Ports Dover Sandwich Rye Hastings Winchelsea Rumney Hithe whereof two must either be added to the first institution by some later Grant or be accounted as Appendants to some of the rest See Gardein of the Cinque Ports and the Stat. 32 Hen. 8. cap. 48. See Quinque Portus and 4 Inst fol. 222. Cippus A Pair of Stocks to put offenders in Habeant nec non Cippos conclusoria in singulis villis ad correctionem delinquentium Mon. Angl. 2 par fol. 349. a. Circuit of Action Circuitus Actionis Is a longer course of proceeding to recover the thing sued for then is needful As if a Man Grant a Rent-charge of x l. out of his Mannor of Dale and after the Grantee Disseiseth the Grantor of the same Mannor who brings an Assise and recovers the Land and xx l. damages which being paid the Grantee brings his Action for x l. of his Rent due during the time of the Disseisin which he must have had if no Disseisin had been This is called Circuit of Action because whereas the Grantor was to receive xx l. damages and pay x l. rent he might have received but x l. onely for damages and the Grantee might have kept the other x l. in his hands by way of Deteiner for his Rent and so have saved his Action Terms Ley. Circumspecte Agatis Is the Title of a Statute made in the Thirteenth of Edward the First Anno Domini 1285. prescribing certain Cases to the Judges wherein the Kings Prohibition lies not Coke lib. 7. fol. 44. Lib. 5. fol. 67. And 2 Part. Inst fol. 487. Circumstantibus i. By-standers Signifies the supply or making up the number of Jurors if any impaneld appear not or appearing be challenged by either party by adding to them so many of those that are present or standing by as will serve the turn 35 H. 8. c. 6. and 5 Eliz. cap. 25. Ciric seat Sax. Cyric-sceat Vectigal Ecclesiasticum frumenti tributum Church-scot a certain Tribute or Payment made to the Church commonly of Corn. Fleta calls it Circsed quasi Semen Ecclesiae debitum Joh. Southam ad Festum S. Martini in Yeme debet 1 Gallinam de redditu 5 Gallinas de Chirseat Custumar Monast de Bello fol. 87. a. This Tribute was anciently payable at the Feast of S. Martin and sometimes at Christmas as appears by Domesday and called by Sir Edw. Coke Church-seed on Littl. fol. 88. b. See Churchesset City Civitas Signifies with us as it doth in other Regions such a Town Corporate as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions in reckoning our Cities leaves out Ely though it have a Bishop and a Cathedral Church Anno 35 Eliz. cap. 6. Westminster is called a City and it appears by the Statute 35 Hon. 8. cap. 10. that then there was a Bishop of Westminster But by Letters Patent dated 21 May 2 Eliz. pursuant to an Act of Parliament of 1 Eliz. not Printed the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster which hath caused Error in the Pleadings of some Cases by styling it the Cathedral for Collegiate Church of Westminster Cassanaeus de Consuetud Burgun pag. 15. saith That France hath within its Territories 104 Cities and gives his reason Because there are so many Seats of Archbishops and Bishops Yet Sir Edward Coke notes Cambridge to be a City by ancient Record viz. Mich. 7 Rich. 1. Rot. 1. Though I finde no mention of its ever having been an Episcopal See On Littl. fol. 109. b. And in the Stat. 11 Hen. 7. cap. 4. it is called the Town of Cambridge Clack As to clack force and bard alias beard good Wooll Anno 8 Hen. 6. cap. 22. whereof the first viz. to clack Wooll is to cut off the Sheeps mark which makes it weigh less and so yield the less custom to the King To force Wooll is to clip off the upper and more hairy part of it to bard or beard it is to cut the head and the neck from the rest of the Fleece Claim Clameum Is a Challenge of Interest in any thing that is in the possession of another or at the least out of his own as Claim by Charter Claim by Descent c. Old Nat. Br. fol. 11. Si Dominus infra annum clameum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition and divers sorts of Claim in Plowden Casu Stowel fol. 359. a. Clamea Aomittenda in itinere per Atturnatum Is a Writ
whereby the King commands the Justices in Eyre to admit of ones Claim by Atturney who is employed in the Kings-service and cannot come in his own person Reg. of Writs fol. 19. b. Clap-bord Anno 35 Eliz. cap. 11. Is Board cut in order to make Cask or Vessels Clarentius See Herald Claves Insulae i. The Keys of the Island In the Isle of Man all ambiguous and weighty Cases are referred to Twelve whom they call Claves Insulae Clausum Fregit Mr. Somner in his Saxon Dictionary conceives the original of those much used words in our Law-Pleadings might come from the Saxon Eder-bryce which signifies Hedge-breaking the Boughs which close the top of the Hedge being usually called Etherings Clausum Paschae Stat. of Westm 1. Lendemaine de la Cluse de Pasche that is In Crastino clausi Paschae or in Crastino Octabis Paschae which is all one viz. The morrow of the Utas of Easter 2 Part. Inst fol. 157. Ad Curiam cum visu Franc. Pleg tent apud Maurdin die Jovis prox post Festum Clausi Paschae Anno 17 Edw. 4. Testatum fuit quod c. Clausum Paschae i. Dominica in Albis sic dictum quòd Pascha Claudat Clausura Heye Johannes Stanley Ar. clamat quod ipse haeredes sui sunt quieti de Clausura Heye de Macclesfield scil Clausura unius Rodae terrae circitèr hayam praedict Rot. Plac. in Itinere apud Cestriam Anno 14 Hen. 7. Clergy Clerus Is diversly taken sometime for the whole number of those who are De Clero Domini of our Lords lot or share as the Tribe of Levi was in Judaea sometimes for a Plea to an Indictment or an Appeal and is by Stamf. Pl. Cor. lib. 2. cap. 41. thus defined Clergy is an ancient liberty of the Church which hath been confirmed by divers Parliaments and is When a Priest or one in Orders is arraigned of Felony before a Secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of Murder Coke lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri Anno 9 Edw. 2. c. 26. and what persons might have their Clergy and what not see Stamf. Pl. Cor. lib. 2. cap. 42 43. Yet there are many Statutes made since he wrote that Book whereby the benefit of Clergy is abrigded As Anno 8 Eliz. cap. 4. 14 Ejusdem cap. 5. 18 Ejusdem cap. 4 6 7. Anno 23 Ejusdem cap. 2. 29 Ejusdem cap. 2. 31 Ejusdem cap 12. and 39 Ejusdem cap. 9. 15. Of this see Cromptons Justice of Peace fol. 102 105. And Lambert Eiren. lib. 4. cap. 14. And note that the ancient course of Law in this point is much altered for by the Statute of 18 Eliz cap. 7. Clerks are no more delivered to their Ordinaries to be purged but now every Man to whom this benefit is granted though not in Orders is put to read at the Bar after he is found guilty and convicted of such Felony and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say Legit ut Clericus or otherwise he suffers death for his transgression Cowel Clerico Admittendo Is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne Admittas tryed and found for the party that procures the Writ Reg. of Writs fol. 31. Clerico capto per Statutum Mercatorum c. Is a Writ for the delivery of a Clerk out of prison who is imprisoned upon the Breach of a Statute Merchant Reg. of Writs fol. 147. Clerico convicto commisso Goalae in defectu Ordinarii deliberando Is a Writ for the delivery of a Clerk to his Ordinary that was formerly convict of Felony by reason his Ordinary did not challenge him according to the priviledges of Clerks Reg. of Writs fol. 69. a. Clerico infra sacros ordines constituto non eligendo in Officium Is a Writ directed to the Bailiffs c. that have thrust a Bailiwick or Beadleship upon one in holy Orders charging them to release him Reg. of Writs fol. 143. a. Clerk Clericus Hath two significations one as it is the title of him that belongs to the holy Ministery of the Church under which where the Canon Law hath full power are not onely comprehended Sacerdotes Diaconi but also Subdiaconi Cantores Acolyti Exorcistae Ostiarii And in this signification a Clerk is either Religious otherwise called Regular or Secular Anno 4 Hen. 4. cap. 12. The other denotes those who by their function or course of life practise their Pen in any Court or otherwise as the Clerk of the Rolls of Parliament Clerks of the Chancery c. whose peculiar Offices shall be set down in order Clerk of the Ax Clericus Securis Is an Officer in the Navy whose function is to carry a Silver Ax wherewith to mark and seise Timber for the Kings use in His Navy or otherwise and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts I suppose by mistake Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti Is he that Records all things done in the High Court of Parliament and engrosseth them fairly in Parchment Rolls for their better preservation to posterity Of these there are two One of the Lords House another of the House of Commons Cromp. Jurisd fol. 4. 8. Smith de Repl. Angl. pag. 38. See also Vowels Book touching the Order of the Parliament Clerk of the Crown in Chancery Clericus Coronae in Cancellaria Is an Officer there who by himself or Deputy is continually to attend the Lord Chancellor or Lord Keeper writes and prepares for the Great Seal of England special Matters of State by Commission or the like either immediately from His Majesty or by Order of His Council as well ordinary as extraordinary viz. Commissions of Lieutenancy of Justices Itinerant and of Assises of Oyer and Terminer of Goal Delivery and of the Peace with their Writs of Association and the like Also all General Pardons upon Grants of them at the Kings Coronation or at a Parliament where he sits in the Lords House in Parliament time info whose Office the Writs of Parliament made by the Clerks of the Pettibag with the names of Knights and Burgesses elected thereupon are to be returned and filed He hath also the making of all special Pardons and Writs of Execution upon Bonds of Statute Staple forfeited which was annexed to his Office in the Reign of Queen Mary in consideration of his continual and chargeable attendance Both these before being common for every Cursitor and Clerk of the Court of Chancery to make Clerk of the Crown Clericus Coronae Is a Clerk or Officer in the Kings Bench whose function is to frame read and record all Indictments against Traitors Felons and
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
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
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
other keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causeth the Proclamations to be endorsed when they are proclaimed In the Court of Kings Bench there is likewise a Custos brevium Rotulorum who fileth such Writs as are there used to be filed and all Warrants of Attorney and transcribeth or maketh out the Records of Nisi Prius c. Custos placitorum Coronae Bracton lib. 2. cap. 5. Seems to be all one with him whom we now call Custos Rotulorum Of which I finde mention in the Writ De Odio atia Reg. of Writs fol. 133. b. Custos Rotulorum Is he who hath the custody of the Rolls or Records of the Sessions of Peace and of the Commission of the Peace it self He is always a Justice of Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Judge because the Commission of the Peace by express words lays this special charge upon him Quod ad dies loca praedicta Brevia Praecepta Processus Indictamenta praedicta coram te dictis sociis tuis venire facias Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office Who shall appoint the Custos Rotulorum in every County See 37 Hen. 8. cap. 1. and 3 4 Edw. 6. cap. 1. 2 Inst fol. 674. Custos of the Spiritualties oustos spiritualitatis vel spiritualium Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess during the vacancy of the Sea the appointment of whom by the Canon Law appertains to the Dean and Chapter But with us in England to the Archbishop of the Province by Prescription Howbeit divers Deans and Chapters if Gwin say true in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cutter of the Talleys Is an Officer in the Exchequer that provides Wood for the Talleys and cuts the sum paid upon them and then casts the same into the Court to be written upon Cyricsceat Sax. Vectigal Ecclesiae Primitias seminum quisque ex eo dato Domicilio in quo ipso natali die domini commoratur Spelm. de Concil vol. 1. fol. 125. See Churchesset D. DAkir According to the Stat. 51. Hen. 3. De Compositione ponderum Mensurarum A Last of Hides consists of Twenty Dakirs and every Dakir of Ten Hides But by 1 Jac. cap. 33. or Last of Hides or Skins is Twelve dozen I have also read of a Dakir of Iron but finde not its quantity Damage Lat. Damnatio Fr. Dommage Signifies generally any hurt or hindrance that a Man receives in his Estate but particularly a part of that the Jurors are to enquire of when the Action be it real or personal passeth for the Plaintiff For after Verdict given of the principal cause they are asked their Consciences touching Costs which are the charges of Sute called by the Civilians Expensae litis and Damages which comprehend a recompence for what the Plaintiff or Demandant hath suffered by means of the wrong done him by the the Defendant or Tenant Coke on Littl. fol. 257. Damage Cléer Damna Clericorum Is now assessed by the Tenth part in the Common Pleas and the Twentieth part in the Kings Bench and Exchequer of all Damages exceeding Five Marks recovered either by Verdict Confession or Judgment of the Court in all Actions upon the Case Covenant Trespass Battery False imprisonment Dower and all others wherein the Damages are incertain which the Plaintiff must pay to the Prothonotary or chief Officer of that Court wherein they are recovered before he shall have any Execution for them For example If one lends another on his word or note under hand One hundred pound or sells commodity to that value the Lender or Seller is forced to sue in an Action of the Case recovers must pay Ten pound if in the Common Pleas and Five pound in the Kings Bench or Exchequer and so proportionably for a greater or lesser sum before he can have Execution This was originally no other then a gratuity given the Prothonotaries and their Clerks for drawing special Writs and Pleadings which afterwards grew to a certainty and was not as some have fancied anciently a Tenth part of the Damages recovered For it doth appear by ancient Records that it hath been at an incertain rate sometimes a Sixth and at other times a Third part This by Act of Parliament 17 Car. 2. cap. 6. is taken away from and after the 29 of September 1672. And till that time and no longer Damage Cleer shall be paid out of such Moneys onely as shall be actually levied or otherwise paid by the Defendants and onely for the proportion of the Money which shall be so levied or paid and no more or otherwise Damage Fesant Fr. Dammage Faisant i. Doing hurt or damage As when a strangers Beasts are doing hurt or spoil in the Grass Corn Woods c. of another Man without his leave or licence In which case the party whom they damage may therefore take distrain and impound them as well in the night as day But in other cases as for Rent Services and such like none may distrain in the night Stat. De Districtione Scaccarii Anno 51 Hen. 3. Danegelt Danegold or Dane-geld Gelt in Dutch signifies Money Was a Tribute laid upon our Ancestors of Two shillings for every Hide of Land through the Realm by the Danes who once mastered us in regard as they pretended of clearing the Seas of Pyrats which greatly annoyed our Coasts in those days Camd. Britan. 83. Stow in his Annals fol. 118. says This Tribute came to 40000 l. per annum and began in the time of King Etheldred who being much distressed by the continual invasion of the Danes to procure his Peace was compelled to charge his people with heavy payments For first he gave them at five several payments 113000 l. and afterwards 48000 l. yearly which was released by Edward the Confessor according to Ingulphus fol. 510. a. Others say it continued till Hen. 1. or K. Stephen See Hoveden par post Annal. fol. 344. a. Spelmans Glossarium and Seldens Marc clausum fol. 190. Et sint quieti de Lene Danegeld Gaywitte de omnibus aliis consuetudinibus c. Carta Hen. 7. Ballivis Burgens Mountgomer Danelage See Merchenlage Darrein Is a Corruption from the French Dernier i. Ultimus and we use it in the same sence as Darrein Continuance See Continuance Darrein Presentment ultima Presentatio See Assize of Darrein Presentment Datife or Dative Dativus That may be given or disposed of Whether a Prior shall be Datife and removable or perpetual shall be tryed by the Ordinary Anno 9 Rich. 2. ca. 4. Si Prior Datife removeable suffer eschape respondeat superior 45 Ed. 3. 9 10. Day Dies Is sometimes used for the Day of Appearance in Court either
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
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
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
of waste to be made before he can get possession sues out this Writ See more in Fitz. Nat. Br. fol 60 67. Reg. of Writs fol. 76. And Reg. Judic fol. 37. In ancient Records we often find Vastum Estrepamentum facere Videturque Estrepamentum gravius Vasti genus designare Spel. Etheling or Aetheling in the Saxon signifies Noble and it was among our English Saxons the title of the Prince or Kings Eldest Son as we read in Camden Edgar Aetheling England's dearling Everwicscire Yorkshire anciently so called Willielmus Rex Angliae Thumae Archiepiscupo Bertramo de Verdon Baronibus suis Francis Anglis de Everwicscire c. Carta Will. Conq. Evidence Evidentia Is used generally for any proof be it testimony of Men Records or Writings Sir Tho. Smyth hath these words Lib. 2. c. 17. Evidence in this signification is Authentical Writings of Contracts Written Sealed and Delivered And lib. 2. ca. 23. speaking of the Prisoner that stands at the Bar to plead for his life he says thus Then he tells what he can say for himself after him likewise all those who were at the apprehension of the Prisoner or who can give any Indices or Tokons which we call in our language Evidence against the Malefactor It is called Evidence because thereby the point in Issue is to be made evident to the Jury probationes debent esse evidentos i. Perspicuae faciles See Coke on Litt. fol. 283. Exactor Regis The Kings Exactor Qui publicas pecunias tributa vectigalia res fisco debitas exegit Sometimes taken for the Sheriff Hoc enim sensu niger liber Seac par 1. ca. ult Tabulas quibus vicecomes censum Regium colligit Rotulum Exactorium vocatur Examiners in the Chancery Examinatores Are two Officers that examin upon Oath Witnesses produced on either side upon such Interrogatories as the Parties to any Sute do exhibit for that purpose and sometimes the Parties themselves are by particular Order examin'd also by them Excambiator Was antiently used for an Exchanger of Land Ita quod unusquisque eorum qui damna sustinuit aliquo casu contingente quod Excambiator refundat dampna misas expensas quocunque casu proveniente Ex libro Cartarum Priorat Leominstr de anno 2 Edw. 2. Exception Exceptio Is a stop or stay to an Action being used in the Civil and Common Law both alike and in both divided into dilatory and peremptory Of these see Bracton lib. 5. Tract 5. per totum And Britton ca. 91 92. Exchange Cambium vel excambium Is used peculiarly for that compensation which the Warrantor must make to the Warrantee value for value if the Land warranted be recovered from the Warrantee Bracton lib. 2. ca. 16. and lib. 1. cap. 19. It signifies also generally as much as permutatio with the Civilians as the Kings Exchange Anno 1 Hen. 6. ca. 1 4. 9 Ed. 3. Stat. 2. ca. 7. which is the place appointed by the King for exchange of Plate or Bullion for the Kings Coyn. These places have been divers heretofore as appears by the said Statutes but now there is onely one viz. the Tower of London conjoyned with the Mint which in time past might not be as appears by 1 Hen. 6. ca. 4. Exchangeors Are those that return Money beyond Sea by Bills of Exchange which by the Stat. 5 Rich. 2. ca. 2. ought not to be done without the Kings Licence See Excambiator Exchequer See Eschequer Excise Is a Charge or Imposition laid upon Beer Ale Sider and other Liquors within the Kingdom of England Wales and Berwick by Act of Parliament 12 Car. 2. ca. 13. during the Kings life and according to the Rates in the said Act mentioned See 13 Car. 2. ca. 13. 15. ejusdem 9. And 17 ejusdem ca. 4. Excommengement Anno 23 Hen. 8. cap. 3. Is in Law-French the same with Excommunication Excommunication Excommunicatio Is a Censure inflicted by the Canon or Ecclesiastical Judge depriving the person offending from the lawful Communion of the Sacraments and sometimes of the liberty of even conversing with the faithful And it is divided In majorem minorem Minor est per quam quis a Sacramentorum participatione conscientia vel sententia arcotur Major quae non solum a Sacramentorum verum-etiam fidolium Communione oxcludit ab omni actu legitimo separat dividit Venatorius de Sent. Excom Auctoritate Dei Patris omnipotentis Filii Spiritus Sancti beatae Dei genetricis Mariae omniumque Sanctorum Excommunicamus Anathematizamus a limitibus sanctae Matris Ecclesiae sequestramus illos malefactores N. consentaneos quoque participes nisi resipuerint ad satisfactionem venerint sic extinguatur lucerna eorum ante viventem in saecula saeculorum Fiat fiat Amen Ex Emendat Legum Wil. Conquestor in lib. vocat Textus Roffensis Excommunicato Capiendo Is a Writ directed to the Sheriff for apprehending him who stands obstinately Excommunicated Forty days For the contempt of such a one not seeking absolution may be certified or signified into Chancery whence issueth this Writ for the laying him up without Bail or Mainprise until he conform himself Fitz. Nat. Br. fol. 62. Anno 5 Eliz. cap. 23. and Reg. of Writs fol. 65. Excommunicato Deliberando Is a Writ to the Under-Sheriff for Delivery of an Excommunicate person out of prison upon Certificate from the Ordinary of his Conformity to the Jurisdiction Ecclesiastical Fitz. Nat. Br. fol. 63. Reg. of Writs fol. 67. Excommunicato Recipiendo Is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the Authority of the Church are commanded so be sought for and laid up again Reg. of Writs fol. 67. a. Executione Facienda Is a Writ commanding Execution of a Judgment the divers uses whereof see in the Table of Register Judicial Executione facienda in Witheinamium Is a Writ that lies for the taking his Cartle who formerly had conveyed out of the County the Cattle of another So that the Bailiff having authority from the Sheriff to Replevy the Cattle so conveyed away could not execute his charge Reg. of Writs fol. 82. b. Execution Executio Signifies the last performance of an Act as of a Fine or Judgment Execution of a Fine is the obtaining Actual Possession of the things contained in it by vertue thereof which is either by Enâ—y into the Lands or by Writ whereof see West at large Par. 2. Symbol tit Fines sect 137. Executing of Judgments Statutes and such like see in Fitz. Nat. Br. in Indice 2. verbo Execution Coke vol. 6. casu Blumfield fol. 87. a. makes two sorts of Executions one final another with a quousque tending to an end An Execution Final is that which makes Money of the Defendants Goods or extends his Lands and delivers them to the Plaintiff which he accepts in satisfaction and is
his right hand over the Book and say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall ow you Fealty for the Land that I hold of you in Villange and shall be justified by you in Body and Goods So help me God and all his Saints See Reg. of Writs fol. 302. a. Fidelitas est fidei ubsequii servitii ligamen quo generaliter subditus Regi particulariter vassallus domino astringitur Spel. Fée Feodum alias Feudum Is applied to all those Lands and Tenements which we hold by perpetual right and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject divide all Lands and Tenements wherein a Man hath a perpetual estate to him and his heirs into Allodium and Feudum Allodium is defined to be every Man 's own Land c. which he possesseth meerly in his own right without acknowledgment of any service or payment of any Rent to any other and this is a property in the highest degree Feudum is that which we hold by the benefit of another and in the name whereof we ow Service or pay Rent or both to a Superior Lord. And all our Land here in England the Crown Land which is in the Kings own hands in right of His Crown excepted is in the nature of Feudum or Fee For though many have Land by descent from their Ancestors and others have dearly bought Land for their Money yet is it of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had Novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed So that there is no Man that hath Directum Dominium i. The very Property or Demain in any Land but the Prince in right of His Crown Camd. Britan. pag. 93. For though he that hath Fee hath Jus perpetuum utile Dominium yet he ows a duty for it and therefore it is not simply his own which thing I take those words we use for the expressing our deepest Rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that Land or Tenement in my Demain as of Fee and that is as much as if he had said it is my Demain or Proper Land after a sort because it is to me and my heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the Stat. 37 Hen. 8. cap. 16. useth the word Fee of Lands invested in the Crown but it proceeds from an ignorance of the nature of the word for Fee cannot be without Fealty sworn to a Superior as you may read partly in the word Fealty but more at large in those that write De Feudis and namely Hotoman both in his Commentaries and Disputations since no Man may grant that our King or Crown oweth Fealty to any Superior but God onely And all that write De Feudis hold that Feudatarius hath not an entire property in his Fee Fee is divided into Fee absolute otherwise called Fee-simple and Fee-conditional otherwise termed Fee-tail Fee-simple Feudum simplex is that whereof we are seised To us and our heirs for ever Fee-tail Feudum taliatum is that whereof we are seised with limitation to us and the heirs of our Body c. Which Fee-tayle is both general and special General is where Land is given to a Man and the heires of his body the reason whereof is shewed by Littleton lib. 1. ca. 2. because a Man seised of Land by such a gift if he Marry one or more Wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the Land Fee-tayl special is that where a Man and his Wife are seised of Lands to them and the heirs of their two bodies because in this case the Wife dying without issue and he Marrying another by whom he hath issue this issue cannot inherit the Land being especially given to such heirs c. This Fee-tayl has Original from the Stat. of Westm 2. ca. 1. Yet see Bracton lib. 2. ca. 5. num 3. Item quaedam absoluta larga quaedam stricta coarcta sicut certis haeredibus To whom add Plowden casu Willion fol. 235. For before that Statute all Land given to a Man and his heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwithstanding he might alienate it at his pleasure Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made whereby it is ordain'd that if a Man give Lands in Fee limiting the heirs to whom it shall descend with a reversion to himself or his heires for default c. that the form and true meaning of his gift shall be observed He that hath Fee then holdeth of another by some duty or other which is called Service This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor Bracton lib. 2. ca. 5. in eadem villa de eodem Feodo Thirdly It is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee Old Nat. Br. fol. 41. Rent granted in Fee eodem fol. 8. Sheriff in Fee Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly Fee signifies a reward or ordinary duty given a man for the execution of his Office or the performance of his industry in his Art or Science As the Lawyer or Physitian is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant Is by the Feudists termed Feudum expectativum See Expectant Fee Farm or Fee Ferm Feudi firma vel feofirma Is when the Lord upon creation of the Tenancy reserves to himself and his heirs either the rent for which it was before letten to Farm or at least a fourth part of that rent 2 Part Inst fo 44. and that without homage fealty or other services other then are especially comprized in the Feoffment but by Fitzh it seems the third part of the value may be appointed for the Rent or the finding of a Chaplain to Sing Divine-Service c. Nat. Br. fol. 210. C. And the Nature of it is this That if the Rent be behind and unpaid for the space of two years then the Feoffor or his heirs have Action to recover the Lands as their Demesnes Britton ca. 66. num 4. But observe out of Wests Symbol part 1. lib. 2. Sect. 463. that the Feoffment may contain services and sute of Court as well as rent And the Author of the New Terms of Law saith
Kinred of a slain person in recompence of his Murder LL. Aedmundi cap. ult Frum-stol Sax. Sedes primaria the cheif Seat or Mansion-House by some called the Fome-stal LL. Inae Regis cap. 38. Frussura from the Fr. Froissure A breaking down or demolishing Dedi eis nonam garbam tam in Frussuris quae de novo fiunt quam in c. Mon. Angl. 2 Par. fol. 394. b. Frustrum terrae A small peece of Land Residuum quiddam praeter acras numeratas vel campum mensuratum Cum in Domesday Frustrum terrae accipiatur pro ampla portione seorsum à campo villâ Manerio jacenti Domesday tit Hantisc Rex Abedestone In Insula habet Rex unum Frustrum terrae unde exemit 61. Vomeres lego Frustum Spelm. Fryth Sir Edward Coke on Littl. fol. 5. b. expounds it a Plain between two Woods a Lawnd Chaucer uses it for a Wood. Camden in his Britan. for an Arm of the Sea or great River Maketh his issue into the Estuary or Frith of Thames Smith in his Englands Improvement makes it signifie all Hedg-wood except Thorns How to reconcile these I know not but am sure the Saxon Friþ signifies Peace Frythborgh from the Sax. Friþ i. Pax and borge fidejussor Et sint quieti de Frythborgh de Blodewite Fithwyte Ferdwyte c. Record Pasch 6 Hen. 4. Rot. 24. It might here signifie a Freedom from giving security of the Peace Fuage or Focage a foco In the Reign of Edward the Third the Black Prince of Wales having Aquitain granted him laid an Imposition of Fuage or Focage upon the Subjects of that Dukedom viz. A shilling for every Fire called Herth-Silver Rot. Parl. 25 Edw. 3. Fuer Fr. fuir Lat. fugere Though it be a Verb yet it is used substantively and is twofold Fuer en feit in facto when a Man does apparently and corporally flie and Fuer en ley in lege when being called in the County he appears not until he be outlawed which is flighs in the interpretation of Law Stamf. Pl. Cor. lib. 3. cap. 22. Fugacia Signifies a Chase and is all one with Chasea Charta Matildis Imperatricis Miloni de Glouc. Fugitives Goods Bona fugitivorum Are the proper Goods of him that flies upon Felony which after the flight lawfully found do belong to the King or Lord of the Mannor Coke vol. 6. fol. 109. b. See Waif Fumage Fr. Fumagium Dung or a Manuring with Dung. Et sint quieti de Fumagio Maremio cariando c. Carta R. 2. Priorat de Hertland Pat. 5 Ed. 4. par 3. m. 13. Fumathoes or Fumadoes 14 Car. 2. cap. 31. Our Pilchards garbaged salted hanged in the smoak and pressed are so called in Italy and Spain whither they are carried in great numbers Furca Seucatefurcia fossa i. Gallows and Pit In ancient Priviledges it signified a Jurisdiction of punishing Felons that is Men with Hanging Women with Drowning Of which last take this notable example out of the Records of Rochester Church in the time of Gilbert Bishop there who flourished under Richard the First Anno 1200. Item duo mulieres venerunt in villam de Suffliete quae furatae fuerunt multos pannos in villa de Croindone secuti sunt eas homines ejusdem villae de Croindone quorum pannos furtiv◠asportaverunt usque in villam de Suffliete ibi captae fuerunt incarceratae habuerunt judicium suum in Curia de Suffliete ad portandum calidum ferrum quarum una fuit salva altera damnata unde submersa fuit in Bikepole Et hoc totum contigit tempore Gilberti Domini Episcopi in quolibet judicio fuerunt Coronarii Domini Regis Et Paulus de Stanes fuit tunc Cacherellus de Hundredo de Acstane Et per illud tempus Robertus de Hecham Monachus fuit custos de Manerio de Suffliete ad mulieres judicandas fuit Dominus Henricus de Cobeham alii plures homines discreti homines de Patria Fossa is taken away but Furca remains says Sir Edward Coke in his 3 Inst fol. 58. Furlong Sax. Furlang Is a quantity of Ground containing for the most part forty Perches or Poles in length and every Pole sixteen foot and a half eight of which Furlongs make a Mile Anno 35 Edw. 1. cap. 6. It is otherwise the eighth part of an Acre yet I finde in an old Book Printed in Henry the Eighth's time That Six hundred Foot by fivefcore to the Hundred make a Furlong See Acre In the former signification the Romans call it Stadium in the later Jugerum Furlong is sometimes used for a piece of Land of more or less Acres Omnibus Christi Fidel. Johannes Blount de Eye Arm. Dedit Thomae Croft Francisco Lovel Arm. unum Forlongum terrae arabilis continen per aestimationem quatuor Acras c. Dat. 20 Jan. 3 Eliz. Furnage Furnagium Fr. Fournage Est tributum quod Domino furni a sectatoribus penditur ob furni usum Multis enim in locis tenentur vasalli ad coquendum panes suos in furno Domini Est etiam lucrum seu emolumentum quod pistori conceditur in pistionis sumptus mercedem Et tunc potest pistor de quolibet quarterio frumenti lucrare 4 Den. furfur duos panes ad furnagium Assisa panis Cervisiae Anno 51 Hen. 3. See Fornagium Furr from the Fr. fourer i. pelliculare to line with Skins The Stat. 24 Hen. 8. cap. 13. mentions divers kindes of it as Sables which is a rich Fur of colour between Black and Brown being the Skin of a Beast called a Sable of bigness between a Polecat and an ordinary Cat and of fashion like a Polecat bred in Russia but most and best in Tartaria Lucerns which is the Skin of a Beast so called being near the bigness of a Woolf of colour between Red and Brown and mingled with Black-spots bred in Muscovia and Russia and is a very rich Fur. Genets that is the Skin of a Beast so called of bigness between a Cat and a Weezle mailed like a Cat and of that nature bred in Spain whereof there are two kindes Black and Grey and the Black the more precious having black spots upon it hardly to be seen Foins is of fashion like the Sable bred in France for the most part the top of the Fur is Black and the Ground whitish Martern is a Beast very like the Sable the Skin something courser the best are in Ireland Miniver is nothing but the Bellies of Squirrels as some say others say it is a little Vermin like a Weezle Milk white and comes from Muscovy Fitch is that which we otherwise call the Polecat Shanks are the Skin of the Shank or Leg of a kinde of Kid which bears the Fur we call Budge Calaber is a little Beast in bigness near a Squirrel of colour Grey and bred most in High Germany Fustic A kinde of Wood which Dyers use and is brought
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
Hereotum militaris supellectilis praestatio quam obeunte vassallo Dominus reportavit in sui ipsius munitionem says Spelman And by the Laws of Canutus it appears that at the death of the great Men of this Nation so many Horses and Armes were to be paid as they were in their respective life-times obliged to keep for the Kings Service It is now taken for the best Beast a Tenant hath at the hour of his Death due to the Lord by Custom be it Horse Ox c. and in some Mannors the best piece of Plate Jewel or the best good Heriot is of two sorts First Hariot Custom where Hariots have been paid time out of mind by Custom after the death of Tenant for life 2. Hariot Service when a Tenant holds by such service to pay Heriot at the time of his death For this the Lord shall distrain and for the other he shall seize and not distrain If the Lord purchase part of the Tenancy Hariot Service is extinguish'd but not so of Hariot Custom Cokes 8 Rep. Talbots Case See Farley Hart Is a Stag of five years old compleat And if the King or Queen hunt him and he escape then is he called a Hart-Royal And if by such hunting he be chased out of the Forest Proclamation is commonly made in the places adjacent that in regard of the pastime the beast has afforded the King or Queen none shall hurt him or hinder him from returning to the Forest then is he a Hart-Royal Proclaimed Manwood Part 2. ca. 4. num 5. Harth-penny and Harth-stâ—ver See Chimney-Money and Peter-Pence Haubergets See Haberjects Haw from the Sax. Haga A small quantity of Land so called in Kent as a Hemphaw or Beanhaw lying near the House and enclosed for that use Sax. dict But I have seen an ancient MS that says Hawes vocantur mansiones sive domus And Sir Edw. Coke on Litt. fo 5 b. Says in an ancient Plea concerning Feversham in Kent Haws are interpreted to signifie Mansiones Haward See Hayward Hawberk or Haubert quasi Hautberg Fr. Haubert i. Lorica He that holds Land in France by finding a Coat or Shirt of Mayle when he shall be called is said to have Hauberticum feudum fief de Haubert Hauberk or Haubergion with our Ancestors did signifie as in France a Coat or Shirt of Mayle and it seems to be so used Anno 13 Edw. 1. Stat. 3. ca. 6. Hawkers Those deceitful Fellows who went from place to place buying and selling Brass Pewter and other Merchandise which ought to be utter'd in open Market were of old so called The word is mentioned Anno 25 Hen. 8. ca. 6. and 33 ejusdem ca. 4. We now call those Hawkers who go up and down London Streets crying News-books and selling them by retail and the Women who sell them by wholesale from the Press are called Mercury Women The Appellation of Hawkers seems to grow from their uncertain wandring like those who with Hawkes seek their Game where they can find it Haya Gal. Haye Sax. Hege A Hedge also a piece of Ground enclosed with a hedge Hayward from the Fr. Hay i. Sepes and Garde i. Custodia Signifies one that keeps the common herd of the Town and the reason may be because one part of his Office is to look that they neither break nor crop the hedges of enclosed Grounds He is a sworn Officer in the Lords Court the form of whose Oath you may see in Kitchin fo 46. Hazarders Are those that play at the Game at Dice called Hazard Hazardor communis ludens ad falsos talos adjudicatur quod per sex dies in diversis locis ponatur super collistrigium Int. Plac. Trin. 2. Hen. 4. Sussex 10. Headborow from the Sax. Head i. Sublimatus Borge fide jussor Signifies him that is chief of the Frankpledge and that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burrowhead Bursholder Thirdborow Tithingman Chief-pledge or Borowelder according to the diversity of speech in several places Of this see Lambert in his explication c. verbo Centuria Smyth de Rep. Angl. lib. 2. ca. 22. The same Officer is now called a Constable See Constable Head-pence Was an exaction of 40 l. and more heretofore collected by the Sheriff of Northumberland of the Inhabitants of that County twice in seven years that is every third and fourth years without any account made to the King which was therefore by the Stat. 23 Hen. 6. cap. 7. Clearly put out for ever See Common Fine Head-silver See Common Fine Healfang or Halsfang Is compounded of two Saxon words Hals i. Collum and fang Captus paena scilicet qua alicui collum stringatur See Pillory Hearth-money See Chimney-money Heck Is the name of an Engin to take Fish in the River Owse by York Anno 23 Hen. 8. cap. 18. Heda A Haven or Port. Domesday Heir Haeres Is he that succeeds by right of Blood in any Mans Lands or Tenements in Fee for nothing passeth Jure Haereditatis but Fee By the Common Law a Man cannot be Heir to Goods or Chattels for Haeres dicitur ab Haereditate Every Heir having Land by descent is bound by the binding Acts of his Ancestors if he be named Qui sentit commodum sentire debet onus Coke on Littl. fol. 7 8. Last Heir See Last Heire-lome from the Sax. Heier i. haeres leome i. membrum Omne utensile robustius quod ab aedibus non facile revellitur ideoque ex more quorundam locorum ad haeredem transit tanquam membrum haereditatis Spelm. It comprehends divers implements of Houshold as Tables Presses Cupboards Bedsteads Furnaces Wainscot and such like which in some Countreys having belonged to a House certain descents and never inventoried after the decease of the owner as Chattels accrue by Custom not by Common Laws to the Heir with the House it self Consuetudo Hundredi de Stretford in Com. Oxon. est quod haeredes tenementorum infra Hundredum praedict existen post mortem antecessorum suorum habebunt c. Principalium Anglice an Heir-loome viz. De quodam genere catallorum utensilium c. optimum plaustrum optimam carucam optimum ciphum c. Coke on Littl. fol. 18. b. Hebber-man A Fisherman below London-bridge who fishes for Whitings Smelts c. commonly at Ebbing-water and therefore so called Mentioned in Art for the Thames-Jury Printed 1632. Hebbing-wears Mentioned in 23 Hen. 8. cap. 5. Are Wears or Engins made or laid at Ebbing-water for taking Fish Quaere Heisa servitium Inter Placita de temp Jo. Regis Northampton 50. Henchman Qui equo innilitur bellicoso From the German Hengst a War-horse With us it signifies one that runs on foot attending upon a Person of Honor or Worship Anno 3 Edw. 4. cap. 5. and 24 Hen. 8. cap. 13. It is written Henrman Anno 6 Hen. 8. cap. 1. Henghen Sax. Hengen A Prison Goal or House of Correction
Si quis amicis destitutus vel alienigena ad tantum laborem veniat ut amicum non habeat in prima accusatione ponatur in Hengen ibi sustineat donec ad Dei judicium vadat LL. Hen. 1. cap. 65. Hengwite Significat quietantiam misericordiae de latrone suspenso absque consideratione Fleta lib. 1. cap. 47. See Hankwit Herald Heralt or Harold Ital. Heraldo Fr. Herault Vel quasi Herus altus Signifies an Officer at Arms whose Function is to denounce War to proclaim Peace and to be employed by the King in Martial Messages Thus described by Polidore lib. 19. Habent insuper Apparitores ministros quos Heraldos dicunt quorum praefectus Armorum Rex vocitatur hii belli pacis nuncii Ducibus Comitisque à Rege factis insignia aptant ac eorum funera curant They are Judges and Examiners of Gentlemens Arms and Conservers of Genealogies they Martial the Solemnities at the Coronation and Funerals of Princes Manage Combats and such like The three chief are called Kings at Arms of which Garter is the Principal instituted and created by Henry the Fifth Stows Annal. pag. 584. whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Funerals of the Nobility yet I finde in Plowden Casu Reneger Fogossa that Edward the Fourth granted the Office of King of Heralds to one Garter Cum feudis proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the Fourth who attaining the Dukedom of Clarence by the death of George his Brother whom he beheaded for aspiring the Crown made the Herald which properly belonged to that Dukedom a King at Arms and called him Clarentius His proper office is to martial and dispose the Funerals of all the lesser Nobility as Knights and Esquires through the Realm on the South-side Trent The third is Norroy quasi North-Roy whose office is the same on the North-side Trent as Clarentius on the South as is intimated by his name signifying the Northern King or King at Arms of the North parts Besides these there are six other properly called Heralds according to their original as they were created to attend certain great Lords c. in Martial Expeditions viz. York Lancaster Somerset Richmond Chester Windsor Lastly there are four other called Marshals or Pursuivants at Arms who commonly succeed in the place of such Heralds as die or are preferred and those are Blew-mantle Rouge-cross Rougedragon and Percullis These Heralds are by some Authors called Nuncii Sacri and by the Ancient Romans Feciales who were Priests Kings at Arms are mentioned in the Statute of 14 Car. 2. cap. 33. Of these see more in Sir Hen. Spelmans learned Glossarium Herbage Fr. Lat. Herbagium Signifies the Pasture or Fruit of the Earth provided by nature for the Bit or Mouth of the Cattle And it is commonly used for a Liberty that a Man hath to feed his Cattle in another Mans Ground as in the Forest Cromp. Jur. fol. 197. Occurrit frequens says Spelman pro jure depascendi alienum solum ut in Forestis OMnibus Hugo de Logiis salutem Sciatis me dedisse Thomae de Erdyngton totam terram meam de Alfledemore cum pertin Reddendo inde annuatim sex sagittas barbatas ad festum S. Mich. Salvo mihi Marg. uxori meae quod nos in praedicta terra habebimus Liberum Herbagium ad custum nostrum nobis omnibus hominibus nostris de familia nostra transeuntibus c. Sine Dat. Penes Wil. Dugdale Arm. Herbenger from the Fr. Herberger i. Hospitio accipere Signifies with us an Officer of the Kings Court who allots the Noblemen and those of the Houshold their Lodgings Kitchin fol. 176. uses it for an Inn-keeper Herciebant a Gal. Hercer to Harrow Arabant Herciebant ad Curiam Domini i. They did Plough and Harrow at the Mannor of the Lord. 4 Inst fol. 270. Hereditaments Haereditamenta Signifie all such immovable things be they corporeal or incorporeal as a Man may have to himself and his Heirs by way of inheritance see 32 Hen. 8. cap. 2. or not being otherwise bequeathed do naturally and of course descend to the next Heir and fall not within the reach of an Executor or Administrator as Chattels do It is a word of great extent and much used in Conveyances for by the Grant of Hereditaments Isles Seigniories Mannors Houses and Lands of all sorts Charters Rents Services Advowsons Commons and whatsoever may be inherited will pass Coke on Littl. fol. 6. Haereditamentum est omne quod jure haereditario ad haeredem transeat Herefare Sax. Profectio militaris expeditio See Subsidy Heregeat See Hariot Heregeld Sax. Pecunia seu tributum alendo exercitui collatum See Subsidy Heriot See Hariot Herestita or Heressia Signifies a Soldier hired and departing without Licence from the Saxon Here exercitus slitan scindere dissolvere not from Sliten to depart as in 4 Inst fol. 128. Hermitage Heremitagium The Habitation of a Hermite a solitary place Vulgariter autem locus iste a laicis Heremitagium nuncupatur propter solitudinem non quod Heremita aliquis aliquo tempore ibidem solebat conversari Mon. Angl. 2 par fol. 339. b. Hermitorium Is by some Authors confounded with Hermitage but I have seen it distinguished to signifie the Chappel or place of Prayer belonging to an Hermitage for I finde in an old Charter Capellam sive Hermitorium Herpsac See Frodmortel Hesta or Hestha Hestam intelligo pro Capo seu Gallo castrato vel pullo quodam gallinaceo A Gal. Hestoudeau a Cockerel or Caponet Spel. See Rusca Hest-corne In redeundo vero Rex Athelstanus post peractam victoriam declinavit per Ebor. versus Beverlacum ac nonnullas possessiones redimendo Cullellum per 〈…〉 eum ibi depositum dedit Deo glorioso Confessori Johanni praedicto ac septem Presbyteris ibidem Deo servientibus Quasdam avenas vulgariter dictas Hestcorne percipiendas de Dominiis Ecclestis in illis partibus quas Ministri dictae Ecclesiae usque in praeseus percipiunt pacifice quiete Mon. Angl. 2 par fol. 367. b. Hexam Was anciently a County of it self and a Franchise where the Kings Writ went not but by the Statute of 14 Eliz. cap. 13. Hexam and Hexamshire shall be within the County of Northumberland See 4 Inst fol. 222. It was also of old a Bishoprick by the name of Episcopatus Hagustaldensis See Mon. Angl. 2 par fol. 91. Hide of Land Sax. Hyde-Lands ab Hyoen tegere Tanta fundi portio quanta unico per annum coli poterat aratro A Plough-Land In an old Law Manuscript it is said to be 120 Acres Bede calls it Familiam and says it is as much as will maintain a Family Others say it is four Yardland Cromp. in his Jurisd fol. 222. says A Hide of Land contains One hundred Acres and eight Hides make a Knights Fee Hida autem
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
possession or a Benefice Dyer fol. 40. num 72. Says a Dean and Chapter are Persons impersonees of a Benefice appropriate to them Impeachment of Waste Impetitio vasti From the Fr. Empeschement i. Impediment Signifies a restraint from committing waste upon Lands or Tenements See Waste Impediens Haec est finalis concordia facta in Curia Domini Regis apud Westm in Octabis Sancti Hillaris Anno Regni Regis Henrici Filii Regis Johannis Septimo Coram Thoma de Multon c. Inter Willielmum de Mohun querentem Will Brewere impedientem de Manerio de Clynton c. Et unde Placitum de Escambio faciendo summonit fuit inter eos in eadem Curia c. Where Impedientem seems to be used for Defendentem or Deforcientem Impetration Impetratio An obtaining by Request and Prayer It is used in our Statutes for the pre-obtaining of Benefices and Church Offices in England from the Court of Rome which did belong to the gift and disposition of our Lord the King and other Lay Patrons of this Realm The penalty whereof was the same with Provisors 25 Edw. 3. See 38 Edw. 3. Stat. 2. cap. 1. Impierment Anno 23 Hen. 8. cap. 9. Signifies as much as Impairing or Prejudicing For the words of the Statute are To the great impierment and diminution of their good names Implements from impleo to fill up Are such things as tend to the necessary use of any Trade or Furniture of a House Implead from the Fr. Plaider To sue arrest or prosecute by course of Law Impost Fr. Tribute Tallage or Custom but more particularly it is that Tax which the King receives for such merchandises as are imported into any Haven from other Nations 31 Eliz. cap. 5. And it may be distinguished from Custom which is rather that profit which the King raises from Wares exported but they are sometimes confounded Imprimery Fr. a Print Impression also the Art of Printing or a Printing-House Anno 14 Car. 2. cap. 33. Impropriation of which there are in England 3845. See Appropriation Improbement See Approve In alto imo The same with Alto basso Inborh and Out-borh Sax. Vide Camd. Britan. in Ottadinis Ubi Patricium Comitem Dunbarrensem aevo Hen. tertii Inborow Out-borow inter Angliam Scotiam appellat i. si fas sit a doctissimi viri sententia recedere fidejussorem omnium ex uno in alterum regnum iter facientium sive inter utraque regna viatorum Simile babes in S. C. de Monticulis Walliae inter LL. Saxonicas cap. 6. Sax. Dict. In casu consimili Is a Writ See Casu consimili In casu proviso Is another See Casu proviso Inchanter Incantator Is he or she Qui carminibus vel cantiunculis daemonem adjurat They were anciently called Carmina because in those days their Charms were in Verse 3 Part. Inst fol. 44. Incident incidens Signifies a thing appertaining to or following another that is more worthy or principal As a Court Baron is so incident to a Mannor and a Court of Picpowders to a Fair that they cannot be severed by Grant Kitchin fol. 36. See Coke on Littl. fol. 151. b. Incroche Admirals and their Deputies do Incroche to themselves divers Jurisdictions c. Anno 15 Rich. 2. cap. 3. See Encrochments Incumbent from incumbo i. to endeavor earnestly Is a Clerk who is resident on his Benefice with Cure Coke on Littl. fol. 119. b. And is so called because he does or ought to bend all his study to the discharge of the Cure 10 Hen. 6. 7. And 1 2 Phil. Ma. cap. 17. Inderimable Indecimabilis That is not tythable or ought not by Law to pay Tythe 2 Part. Inst fol. 490. Indenture Indentura Is a writing comprising some Contract Conveyance or Covenant between two or more and being indented in the top answerable to another part which hath the same Contents it thence takes name and differs from a Deed Poll which is a single Deed unindented Coke on Littl. fol. 229. The Civilians define an Indenture to be Scriptura inter creditorem debitorem indentata c. Indefeisible That cannot be defeated undone or made void As A good and indefeisible estate c. Indefensus One that is impleaded and refuseth to Answer MS. de temp E. 3. Indicavit Is a Writ or Prohibition that lies for a Patron of a Church whose Clerk is Defendant in Court Christian in an Action of Tythes commenced by another Clerk and extending to the fourth Part of the Church or of the Tythes belonging to it For in this Case the Sute belongs to the Kings Court by the Statute of Westm 2. cap. 5. Wherefore the Patron of the Defendant being like to be prejudiced in his Church and Advowzen if the Plaintiff obtain in the Court Christian hath this means to remove it to the Kings Court Reg. of Writs fol. 35. b. and Britton cap. 109. Indictor He that indicteth another Man for any orfence Stat. 1 Edw. 3. cap. 11. And Indictee he that is so indicted Anno 21 Jac. cap. 8. Inditement See Enditement Indivisum Is used for that which two hold in Common without Partition Kitchin fol. 241. in these words He holds pro indiviso c. Indorsed Indorsatus Signifies any thing written on the backside of a Deed as a Condition endorsed on the backside of an Obligation the Sealed and delivered c. on the back of an Indenture is called the Indorsement Induction Inductio A leading into It is most commonly taken for the giving an Incumbent Livery and Seisin as it were of his Church by leading him into it and delivering him the Keys of it by the Commissary or Bishops Deputy and by his ringing one of the Bells See 3 Part. Crokes Rep. fol. 258. In esse Anno 21 Jac. cap. 2. In being Philosophers contra-distinguish things in Esse from things in Posse or in Potentia As a Childe before he is born or even conceived is a thing in Posse or which may be After he is born he is said to be in Esse or Actual being Infangthef Infang-theof or Infangenetheof from the Sax. fangan capere Signifies in the old Saxon Latronem infra captum i. taken within the Mannor or Liberty of any Man having jurisdiction granted by the King to try such Theif within his Fee Anno 1 2 Phi. Ma. cap. 15. A Charter of Henry the First to Sir Benedict Rames and S. Ivo the Archbishop hath these words Cum saka seca cum Tol Theam cum infra capto fure In the Laws of S. Edward the Confess cap. 26. Thus Qui habet Sacam Socam Thol Theam Infangthef justitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam c. Infangthef i. Quod latrones capti in Dominio vel feodo Prioris de latrocinio convicti in Curia Domini Prioris judicentur ad furcas ejus suspendentur
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
of the Exchequer the meaning and etmology whereof will appear by what follows Md. quod Anno Dom. 1277 Anno Regni Regis Edwardi filii Regis Henrici quinto misit idem Rex per totam Angliam Ballivos inquirere sub juramento in secreto de universis terris Angliae per Johannem de Kirkby Thesaurarium suum quisquis teneret cujus feodi quantum cujus Regis tempore feoffati essent Ex Registro Glaston Caenobii penes Rad. Sheldon Ar. fo 71. b. Knave Sax. Cnawa Is used for a Man-servant Anno 14 Edw. 3. Stat. 1. ca. 3. It did anciently signifie a Child also a Minister or Servant Matth. 8. 6. Puer meus jacet in domo paralyticus was in the Saxon Translation turned myn knawa Hence seyld knawa pro Armigero quasi scuti famulus seu minister he that bore the Weapon or Shield of his Superior It was sometimes of old used as a titular addition Johannes filius Willielmi Couper de Denby Knave ad satisfaciendum Regi de omni eo quod ad Regem pertinet occasione cujusdam Utlagariae in ipsum in placito transgressionis ad sectam Regis promulgata Original de anno 22 Hen. 7. 36 Derby Knight Sax Cnyt Miles Chivalier or Eques auratus from his gilt Spurs usually worn and thence called anciently Knights of the Spur. Signifies one that bears Arms who for his vertue and Marshal prowess is by the King or one having his Authority exalted above the rank of Gentlemen to a higher account or step of dignity The manner of making them Cam. in his Britan. thus shortly expresseth Nostris vero temporibus qui Equestrem dignitatem suscipit flexis genibus leviter in humero percutitur Princeps his verbis Gallice affatur Sus vel sois Chevalier au nom de Dieu i. Surge aut fis Eques in nomine Dei This is meant of Knight-Bachelers which is the lowest but most ancient degree of Knighthood with us By the Stat. 1 Edw. 2. ca. 1. All Gentlemen having a full Knights Fee and holding their Land by Knights Service might be compelled by distress to procure himself to be made Knight when he came to Mans Estate But by the Statute 17 Car. 1. ca. 20. it is ordained that no man shall be compelled to take the Order of Knighthood c. The priviledge belonging to a Knight see in Ferns Glory of Generosity p. 116. Of Knights there are two sorts one Spiritual so called by Divine in regard of their Spiritual Warfare the other Temporal Cassanaeus de gloria mundi Part 9. Considerat 2. See Seldons Titles of Honor fo 770. Knights of the Garter Equites Garterii or Periscelidis Arc an Order of Knights created by Edward the Third after he had obtained many notable Victories who for furnishing this honorable Order made choice in his own Realm and all Christendom of 25 the most excellent and renowned persons for vertue and honour Himself and His Successors Kings of England were ordained to be the Soveraigns and the rest Fellowes and Brethren of this Order Smith de Repub. Angl. lib. 1. ca. 20. The Officers belonging to it are The Prelate of the Garter which is alwayes the Bishop of Winchester The Chancelor of the Garter the Register who is alwayes Dean of Windsor The Principal King at Armes called Garter whose chief function is to manage their Solemnities at their Feasts and Installations Lastly the Usher of the Garter being the Usher of the Black Rod. This most honourable Society is a Colledge or Corporation having a great Seal belonging to it See Garter Knights Baneret See Baneret John Coupeland for his valiant service against the Scots had the honour of Baneret conferred on him and his Heirs for ever by Patent 29 Edw. 3. part 1. m. 2. Knights of the Bath See the Antiquity and Ceremony of their Creation in Mr. Dugdales Description of Worcestershire fo 531 532. They are so called from their Bathing the night before their Creation Their place is before Knights Batchelors and after Baronets Knights of St. John of Hierusalem Milites Sancti Johannis Hierosolâ—mitani Had beginning about the year 1119. and denomination from John the charitable Patriarch of Alexandria though vowed to St. John Baptist their Patron They had their primary foundation and chief aboad first in Hierusalem and then in the Isle of Rhodes until they were expelled thence by the Turk Anno 1523. Since which time their chief Seat is in the Isle of Malta where they have done great Exploits against the Infidels especially in the year 1595 and are now called Knights of Malta They had one general Prior who had the Government of the whole Order within England and Scotland Reg. of Writs fol. 20. b. and was the first Prior of England and sate in the Lords House of Parliament Of these Knights mention is made in the Stat. 25 Hen. 8. ca. 2. 26 ejusdem ca. 2. But Anno 32 Hen. 8. ca. 24. They in England and Ireland being found overmuch to adhere to the Pope against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition See Hospitalers Knights of Malta See Knights of St. Iohn Knights of Rhodes Anno 32 Hen. 8. ca. 24. See Knights of St. Iohn Knights of the Temple See Templers Knights of the Chamber Milites Camerae mention'd in 2 Inst fo 666. and in Rot. Pat. 29 Ed. 3. par 1. m. 29 seem to be such Knights Batchelers as are made in time of Peace because Knighted commonly in the Kings Chamber not in the Field as in time of War Knights of the Shire Milites Comitatus otherwise called Knights of Parliament are two Knights or Gentlemen of worth chosen upon the Kings Writ in pleno Comitatu by the Freeholders of every County that can dispend 40 s. per ann Anno 1 Hen. 5. ca. 1. and 10 Hen. 6. ca. 2. who are in Parliament to consult in behalf of the Commons of England touching the Publick Affairs of the Realm These when every man that had a Knights Fee was customarily constrained to be a Knight were of necessity to be milites gladio cincti for so runs the Writ at this day But now Custom admits Esquires to be chosen to this Office Quod milites Comitat. pro Parliamento extunc eligend sint milites notabiles de eisdem Com. pro quibus sic eligentur seu aliter notabiles Armigeri homines generosi de nativitate de eisdem Com. qui sint habiles existere milites quod nullus homo sit talis miles qui in gradu valetti inferiori existit prout in Statuto continetur viz. 23 H. 6. In breve de Sum. ad Parl. Claus 39 Hen 6. in dorso m. 41. For the choice of these Knights see the Statutes 7 Hen. 4. ca. 15. 23 Hen. 6. ca. 15. with others Their expences are to be born by the County 35 Hen. 8. ca. 11. though now a dayes that is for the
God Lollardy and Lollery Anno 1 2 Phil. Ma. cap. 6. The Doctrine and Opinion of the Lollards Rogerus Acton miles pro Proditione Lollardia distrahatur suspendatur sic suspensus pendeat ad voluntatem Regis Middlesex Plac. Hill 1 Hen. 5. Rot. 7. Trin. 2 Hen. 5. Rot. 6. Lollards so called from Walter Lollard a German First Author of this Sect living about the year 1315. Were certain Hereticks at least in the Opinion of those times that abounded here in England in the days of Edward the Third and Henry the Fifth whereof Wicliff was the cheif in this Nation according to Stow in his Annals fol. 425. They are mentioned Anno 2 Hen. 5. cap. 7. Against these Lollards much was decreed by Tho. Arundel Archbishop of Canterbury in a Council at Oxford See their Tenets in Spotswoods History of Scotland fol. 61. The High Sheriff of every County is bound by his Oath to suppress them You shall says the Oath do all your pain and diligence to destroy and make to cease all manner of Heresie and Errors commonly called Lollardies within your Bailiwick from time to time with all your power c. The intent of the Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm so said the Statute of 2 Hen. 5. cap. 7. which was repealed 1 Edw. 6. cap. 12. See 3 Inst fol. 41. and Caudries Case Lord Dominus Sax hlaford signifying a Bread-giver Bountiful or Hospitable Is a word of Honor with us and used diversly Sometimes being attributed to those who are noble by Birth or Creation and are otherwise called Lords of the Parliament and Peers of the Realm sometimes to those who are so called by the curtesie of England as all the Sons of a Duke or Marquess and the eldest Son of an Earl Sometimes to Persons Honorable by Office as Lord Cheif Justice c. And sometimes to an Inferior Person that hath Fee and consequently the Homage of Tenants within his Mannor for by his Tenants he is called Lord and in some places for distinction sake Landlord In which last signification it is most used in our Law-Books where it is divided into Lord Paramount and Lord Mesn Lord Mesn is he that is owner of a Mannor and by vertue thereof hath-Tenants holding of him in Fee and by Copy of Court-Roll and yet holds himself of a Superior Lord called Lord Paramount or above him Old Nat. Br. fol. 79. We likewise read of Very Lord and Very Tenant Very Lord is he who is immediate Lord to his Tenant and Very Tenant he that holds immediately of that Lord. So that if there be Lord Paramount Lord Mesn and Tenant the Lord Paramount is not very Lord to the Tenant Broke tit Heriot num 1. Lord in Gross Is he who is Lord not by reason of any Mannor as the King in respect of his Crown Fitz. Nat. Br. fol. 3. and 8. where also is a Case wherein a private person is a Lord in Gross As a Man makes a Gift in Tail of all the Land he hath to hold of him and dies his Heir hath but a Seigniory in Gross Lorriners or Lorimers Fr. Lormier from the Lat. Lorum Is one of the Companies of London that make Bits for Bridles Spurs and such like small Iron ware Anno 1 Rich. 2. cap. 12. Lot or Loth Is the thirteenth Dish of Lead in the Darbishire Mines which belongs to the King Pro dominio suo Presentatum est in Ragemannis per 12 de Alto Pecco quod Rad. de Wyne fecit quandam Purpresturam in solo Domini Regis in Tatington Prestclivâ— faciendo mineram plumbi unde Rex sâ—lebat percipere le Lot mineris i. Tertium decimum vas c. Rot. Rageman de quo Warranto de Itin. de Derbi 9 Edw. 1. Et de minerâ— lucrata in hujusmodi opere in feodo Domini Regis Dominus Rex habebit pro Dominio suo tertium decimum discum qui dicitur le Loth. Eschaet de Anno 16 Edw 1. num 34. See Cope Lotherwit alias Leyerwit Is a Liberty or Priviledge to take amends of him that defiles ones Bond-woman without Licence Rastals Exposition of Words According to others it is an amends for lying with a Bond-woman See Lairwit Some think it should be rather written Legerwit for Leger in Saxon signifies a Bed or Lecherwite a mulct or punishment for Lechery Lourgulary Fr. Louâ—deriâ— i. Inhumanitas incivilitas In Statuto pro stratis London impresso Anno 1573. Art 45. Casting any corrupt thing appoisoning the Water is Lowrgulary and Felony some think it a corruption of Burglary See Glossar in decem Scriptores verbo Burglaria Lowbellers Anno 23 Eliz. cap. 10. Are such as go with Light and a Bell by the sight whereof Birds sitting on the Ground become somewhat stupified and so are covered with a Net and taken This name is derived from the word Low which in the Saxon or old English signifies a Flame of fire See the Antiq of Warwickshire p. 4. Lushborow or Lushburgs Was a base sort of Money coyned beyond Seas to the likeness of English Money in the days of Edward the Third and brought in to deceive the King and his People To avoid which it was made Treason for any Man wittingly to bring in any such Anno 25 Edw. 3. stat 4. cap. 2. 3 Parâ— Inst fol. 1. M. M. Every Person convicted for Murder Man-slaughter and admitted to the benefit of his Clergy to be marked with an M. upon the Brawn of the Left-thumb Anno 4 Hen. 7. cap. 13. Macegriefs alias Macegrefs Macâ—ecarâ—i Are such as willingly buy and sell stoln Flesh knowing the same to be stoln Britton cap. 29. In turnis Vice-com ' 12 Juratores inter alia presenteront Dâ— Macegrefs achatâ—uns vendauns a â—scient chars â—mbles Cromptons Justice of Peace fol. 193. a. Vide LL. Inâ— cap. 20. de â—arnem furtivam eâ—â—â—tâ— Madning-money Old Roman Coyns sometimes found about Dunstable are so called by the Countrey people and retains the name from Magintum used by the Emperor Antonine in his Itinerary for Duâ—stable Câ—m Maeremium Is derived from the Old Norman word Marismâ— for Timber Rex dilecto Rogerâ— de Horsley Constabulario Castri sui de Baumburg salutem Mâ—ndamus vobis quod â—omines partium prâ—dict nuper in Castro prâ—dicto pro salvatione Corporum rerum suarum contra aggressus Scotâ—rum commorantes Maeremium de logiâ—â— suis 〈◊〉 non bona catalla ac victualia sua in codem Castro in Fâ—ssato Motâ— ejusdem existentia sine impedimonto capere cariâ—re quo voluerint aâ—portare pormittatis c. T. Rege apud Co 〈…〉 k. 12 Juâ—ii Claus 16 Edw. 2. m. 3. Magbote or Maegbote From the Sax. Maeg i. cognatus bote compensatio A recompence for the slaying or murder of ones Kinsman For anciently in this Nation Corporal punishments for Murder and other great
any Record Matter of Record is that which may be proved by some Record For example if a man be sued to an Exigent during the time he was in the Kings Warrs this is Matter in Deed not of Record And therefore he that will allege this for himself must come before the Scire facias for execution be awarded against him for after that nothing will serve but matter of Record that is some error in the Process appearing upon the Record Kitchin fo 216. makes also a difference between matter of Record and a Specialty and nude Matter this being not of so high a nature as either matter of Record or a Specialty otherwise there called matter in Deed Whereby it should seem that nude matter is a naked allegation of a thing done to be proved onely by Witnesses and not either by Record or Specialty in Writing under Seal Cowel Maugre Being compounded of two French words Mal and Gre. i. Animo Iniquo Signifies with us as much as in despight or in despight of ones teeth As the Wife mauger the Husband Littleton fo 124. that is whether the Husband will or no. Maund Sax. Mano A kind of great Basket or Hamper of Books or other Merchandise containing eight Bales or two Fat 's Book of Ratâ—s fo 3. Maxims in Law Are the foundations of it or certain Rules or Positions which are the Conclusions of Reason and ought not at any time to be impeached or impugned As it is a Maxim that if a man have Issue two Sons by divers venters and the one of them purchase Lands in Fee and dye without issue the other brother shall never be his heir c. See Coke on Litt. fo 11. Mayor anciently Meyr from the British Miret 1. Custodire The chief Magistrate of a City as the Lord Mayor of London Rich. 1. Anno 1189 changed the Bailiff of London into a Mayor And by that example King Iohn Anno 1204 made the Bailiff of Kings-Lin a Mayor whilst the famous City of Norwich obtained not this Title for her chief Magistrate till 7 Hen. 5. 1419. See more on this word in Spelmans Gloss Meale-Rents Are certain Rents still so called but now payable in Money by some Tenants within the Honor of Clun which heretofore were paid in Meale to make Meat for the Lords Hounds Mean Medius Significes the middle between two extreams and that either in time or dignity Example of the first his Action was mean betwixt the Disseisin made to him and his recovery that is in the interim Of the second there is Lord Mean or Mesne and Tenant Lords mean mentioned in the Stat of Amortizing Lands made tempore Ed. 1. See Mesn Mease Mesuagium Fr. Maison A Mesuage or dwelling House Stat. Hiberniae 14 Hen. 3. and 21 Hen. 8. ca. 13. In some places corruptly called a Mise and Mise-place See Mise and Mese Measue See Mesne Meason due Fr. Maison de Dieu A House of God a Monastery or Religious House Hospitals are also so called in the Statutes 2 3 Phil. Mary ca. 23. 39 Eliz. ca. 5. and 15 Car. 2. ca. 7. Measure Mensura according to the 25th Cha. of Mag. Char. and the Stat. 17 Car. 1. ca. 19. all Weights and Measures in this Nation ought to be the same and those too according to the Kings Standard See 4 Inst fo 273. Mensura Measurer See Alneger Also that William Norton common Meter of Woollen Cloth may be Sworn to occupy his Office of Measurage truly and indifferently upon pain c. Articles exhibited to the Lord Mayor of London c. by the Commons of the City tempore Hen. 8. Medfee Sax. Medfeoh The Sax. Dict. says It is a Bribe or Reward bat it also signifies that Bote or Compensation which is given in an exchange where the things exchanged are not of equal value As in 4 Ed. 3. Hugo de Courtenay made an exchange by Deed with Richard Hanlake and Joan his Wife and there 't is expressd Quod ipsi non dabunt Medfee from the word Meed which signifies a reward See Arrura Medietas linguae Signifies an Enquest empaner'd upon any Cause wherein a Forreigner or Stranger is party whereof the one half consists of Natives or Denizens the other strangers and is used in Pleas wherein the one party is a stranger the other a Denizen See the Stat. 28 Edw. 3. ca. 13. 27 ejusdem Stat. 2. ca. 8. and 8 Hen. 6. ca. 29. Before the first of these Statutes was made this was wont to be obtained of the King by Grant made to any Company of Strangers Stam Pl. Cor. lib. 3. ca. 7. and is called a Party-Jury Anno 14 Car. 2. ca. 11. Medio Acquietando Is a Writ Judicial to distrain a Lord for the acquitting a mean Lord from a Rent which another claims Reg. of Writs judic fo 29. b. Mediterranean Sea so called because it has its course in the midst of the earth Is that which stretcheth it self from West to East dividing Europe Asia and Africa and mentioned 12 Car. 2. in the Stat. of Tonnage Medium tempus Was anciently used for the mean profits As Annum diem medium tempus See Flem. Medlefe Is that which Bracton lib. 3. Tract 2. ca. 35. calls Medletum and signifies quarrelling scuffling or brawling Culpa dicitur quam quis inopinate commiserit non rixando solum pugnando sed immiscendo se pacifice rei cuivis vel negotio says Spelman Hence our common phrase to meddle with other folks maters Meer Merus Though an Adjective yet is it used substantively for meer right Old Nat. Br. fo 2. To joyn the Mise upon the Meer See Mise Meg-bote See Magbote Meld-feoh Sax. The reward and recompence due and given to him that made the discovery of any breach of Penal Laws committed by another The Promoter or Informers Fee Sax. Dict. Meliores See Tales Meiny Menagium Fr. Mesnie as the Kings Meiny Anno 1 Rich. 2. ca. 4. 1. The Kings Family Houshold or Houshold-servants Melius inquirendo Is a Writ that lay for a second enquiry of what Lands or Tenements a man dyed seized where partial dealing was suspected upon the Writ Diem clausit extremum Fitz. Nat. Br. fo 255. Memories Are used for certain Obsequies or remmebrances for the Dead in Injunctions to the Clergy 1 Edw. 6. Menials from Moenia the Walls of a Castle or other building Are Houshold or Menial Servants that is such as live under their Lord or Masters Roof or within his Walls mentioned Anno 2 Hen. 4. ca. 21. Mensura Hoc est quod Prior habet mensuras tam aridorum quam liquidorum signatas signo Domini Regis quod nullus debet emere in foro seu vendere nisi per illas Ex Registro Priorat de Cokesford Mensura bladi a Bushel of Corne. Mensura regalis The Kings Standard of the Exchequer Anno 17 Car. 1. ca. 19. See Measure Merchenlage Sax. Marcna laga i. Merciorum lex Camb. in his
Curia vel invariare Renovamus etiam confirmamus Privilegia antiquorum Regum atque ob reverentiam Dominae nostrae perpetuae Virginis Mariae Sanctique Benedicti Sanctarumque virginum omnibusque futuris ibidem Abbatibus in tota possèssione Monasterii Sacham Socham Theloneumque suum in terra in aqua concedo Consuetudines ut ab omnibus apertius plenius intelligantur Anglice scriptas scilicet Mundbriche Feardwite Firwite Blodewite Mistzeninge Frithsoke Hamsockne Forstall Forphange Theifphange Hangwite Frithbriche Utlepe Infongenthefe Supbriche Tol Tem aliassque omnes leges Consuetudines quae ad me pertinent tam plene tam libere sicut eas in manu mea habebam Confirm Fundationis Monast de Ramsey per S. Edw. Conf. Mon. Angl. 1 par fo 237. Miskering Hoc est quietus pro querelis coram quibuscunque in transumptione probata MS. LL. Rob. Cot. pa. 262. See Mishering Misnomer compounded of the Fr. Mes which in composition alwayes signifies amisse and nomer i. nominare the using one name for another a mis-terming or mis-naming Misprision Fr. Mespris i. contempt or neglect Signifies a neglect negligence or oversight as Misprision of Treason or Felony is a neglect or light account made of Treason or Felony committed by not revealing it when we know of it Stam. pl. Cor. lib. 1. cap. 19. or by suffering any person committed for Treason or Felony or suspition of either to go before he be indited Misprision of Clerks Anno 8 Hen. 6. ca. 15. Is a neglect of Clerks in writing or keeping Records By misprision of Clerks no Process shall be adnulled or discontinued 14 Edw. 3. ca. 6. Stat. 1. For Misprision of Treason the offenders are to suffer imprisonment during the Kings pleasure lose their Goods and the Profits of their Lands during their lives Misprision of Felony is onely Finable by the Justices before whom the party is attainted Cromp. I. of Peace fo 40. Other faults may be accounted Misprisions of Treason or Felony because later Statutes have inflicted that punishment upon them whereof you have an example Anno 14 Eliz. ca. 3. of such as Coyn forrain Coyns not currant in this Realm and their Procurers Aiders and Abettors Misprision also signifies a mistaking Anno 14 Ed. 3. Stat. 1. ca. 6. v. 3 Inst fo 36 and 139. Mis-trial A false or erroneous Trial. Crokes Rep. 3 Part. fo 284. Delves Case Mis-user Is an abuse of liberty or benefit As He shall make Fine for his Misuser Old Nat. Br. fo 149. Mitta Sax. Mensura decem modiorum MS. In Wich salina redd 30 mittas salis Domesday tit Wirec scire Ego Wulfrun uxor Anketelli Singulis annis vitae meae ad Festum S. Benedicti quod est in aestate decem mittas de brasio quinque de gruto quinque mittas farinae triticiae 8 pernas 16 caseos duas vaccas pingues de terra mea Hicheling pro respectu annuo eidem Ecclesiae Ramesiensi procurari decerno Lib. Rames Sect. 38. Praeterea concessi eis septem Mittas Salis quolibet anno percipiendas apud Wiz Mon. Angl. 2 Par. so 262. b. Mittendo manuscriptum pedis Finis Is a Writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyre into the Common-Pleas c. Reg. of Writs fo 14. Mittimus Is a Writ by which Records are transmitted from one Court to another as appears by the Stat. of 5 Rich. 2. ca. 15. as out of the Kings Bench into the Exhhequer And sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 Hen. 8. Dyer fo 29. and 29 Hen. 8. Dyer fo 32. Mittimus also signifies the Precept that is directed by a Justice of Peace to a Jaylor for the receiving and safe keeping a Felon or other Offender committed by the said Justice See Table of Reg. of Writs for other uses and applications of this Word Mixt tithes decimae mixtae Are those of Cheese Milk c. and of the young of beasts See Cokes 2 Part Inst fo 649. and see Tithe Mockadoes Anno 23 Eliz. ca. 9. A kind of Stuff made in England and elsewhere Moderata misericordia Is a Writ that lies for him who is amerâ—â—d in a Court-Baron or other Court not of Record for any transgression or offence beyond the quality of the fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate Amerciament of the party and is founded upon Magna Charta ca. 14. Quod nullus liber homo amercietur nisi secundum qualitatem delicti c. The rest touching this Writ see in Fitz. Nat. Br. fo 75. See Misericordia Modo forma Are words of art in pleadings namely in the Answer of the Defendant whereby he denies to have done the thing laid to his charge modo forma declarata Kitchin fo 232. The Civilians in like case say Negat allegata prout allegantur esse vera Where modo forma are of the substance of the Issue and where but words of course see Coke on Litt. fo 281. b. Modus decimandi Is either when Land or a yearly Pension summ of Money or other profit belong to the Parson Viccar c. by composition or Custom in satisfaction of Tithes in kind MS. penes Auth. See 2 Inst fo 490. Molendinum bladonicum A Corn-mill for which in ancient Charters we also find Molendinum bladum molendinum de blado So a Fulling-mill is thus variously Latin'd in Re-Records Molendinum fullonicum Mol. fullanicum Mol. Fullere Mol. Fullarium Mol de Fulelez A Windmill Molendinum ad ventum venti Molendinum ventriticum ventricium A Water-mill Molendinum aquaticum aquatilium A Horse-mill Molendinum Equitium A Grinding or Griest-Mill Molendinum molare Ex Cartis Record in Mon. Angl. Molman Prior. Lewens pa. 21. omnis Lanceta omnis Toftman omnis Molman qui non sedet super Ogeland debent spergere unam reiam de fiens c. i. Unam strigam vel tractum stercoris a rew of muck Molasses Anno 12 Car. 2. ca. 25. Is the refuse Sirrop in the boiling of Sugar with which by the said Statute Wine is prohibited to be mingled or adulterated Monetagium Jus artificium cudendi monetas Moniers or Moneyors Monetarii Ministers of the Mint which make Coin and deliver out the Kings Moneys Anno 25 Edw. 3. ca. 20. Reg. of Writs fo 262. It appears that in ancient time our Kings of England had Mints in most of the Counties of this Realm and in the Tractate of the Exchequer written by Ockham we find that whereas Sheriffs ordinarily were ty'd to pay into the Exchequer the Kings Sterling-Money for such Debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
of Cattel But Lambert sayes 't is a restitution made by the Hundred or County of any wrong done by one that was in pledge Archa pa. 125. or rather a penalty for taking away of Cattel Orfraies Aurifrisium Frizled Cloth of Gold made and used in England both before and since the Conquest worn by our Kings and Nobility as appears by a Record in the Tower where the King commands the Templers to deliver such Jewels Garments and Ornaments as they had of His in keeping among which he names Dalmaticum velatum de Orefreis i. A Dalmatick or Garment guarded with Orfraies And of old the Jacquets or Coat-armors of the Kings Guard were also termed Orfraies because adorn'd with Goldsmiths work Orgallous Rectius Orguillous from the French Orgueil i. Pride Proud Haughty Lofty-minded Art against Card. Woolsey 4 Inst fo 89. Orgeis Anno 31 Edw. 3. Stat. 3. ca. 2. Is the greatest sort of North-sea-fish for the Statute says They are greater then Lob-fish In these dayes called Organ Ling which is a corruption from Orchney the best being taken near that Island Originalia In the Treasurers Remembrancers Office in the Exchequer are Records or Transcripts sent thither out of the Chancery and are distinguish'd from Recorda which contain the Judgments and Pleadings in Sutes tryed before the Barons Ortelli Signifies the Claws of a Dogs foot from the Fr. Orteils des peids i. Digiti pedum the Toes 'T is used in Pupilla oculi Chap. de Char. Forest par 5. ca. 22. Osmonds Anno 32 Hen. 8. ca. 14. and I find in Spelmans Gloss mention of a last of Osmonds Is that Oar or Iron-Stone of which Iron is made and it seems was anciently brought into England Ouch Anno 24 Hen. 8. ca. 13. A kind of Collar or Neck-lace of Gold or such like ornament worn by women about their necks Sometimes used for a boss or button of Gold Ouersamessa Si quis furi obviaverit sine vociferatione gratis eum dimiserit emendet secundum Weram ipsius furis vel plena lada se adlegiet quod cum eo falsum nescivit si quis audito clamore supersedit reddat Ouersamessa regis aut plene se laidiet Lib. rub ca. 36. This seems to have been an ancient Penalty or Fine before the Statute for Hue and Cry laid upon those who hearing of a Murder or Robbery did not pursue the Malefactor 3 Inst fo 116. and to be the same which is elsewhere written Oversegenesse and Ouersenesse See Gyltwite Ouelty of services Is equality of services as when the Tenant paravail owes as much to the Mesn as the Mesn does to the Lord Paramount Fitz. Nat. Br. fo 136. So Owelty of partition Coke on Litt. fo 169. Overt-act Apertum factum An open plain evident act 3 Inst fo 12. which must be manifestly proved Overt word An. 1 Mar. Sess 2. ca. 3. An open plain word from the Fr. Ouvert Ouster le main Fr. Oster la main i. To take off the hand Signifies a Livery of Lands out of the Kings hands or a Judgment given for him that Traversed or sued a Monstrance le droit For when it appear'd upon the matter discussed that the King had no right nor title to the Land he seised Judgment was given in Chancery that the Kings hands be amoved or taken off and thereupon Amoveas manum was awarded to the Escheator to restore the Land c. Stamf. Praerog ca. 24. It is written Oter le maine 25 Hen. 8. ca. 22. But now all Wardships Liveries Primerseisins and Ouster lemains c. are taken away and discharged by 12 Car. 2. ca. 24. Ouster le mer Fr. Oultre i. Ultra le mer mare Is a cause of excuse or essoin if a man appear noti in Court upon Summons for that he was then beyond the Seas See Essoin Ousted From the Fr. Oster to remove or put out As ousted of the possession Pecks Case Mich. 9. Car. 1. 3 Part Crokes Rep. fo 349. that is removed or put out of possession Outfangthef from the Sax. Ut i. Extra Fang i. Capio vel Captus theof i. Fur quasi fur extra captus Is a liberty or priviledge whereby a Lord is enabled to call any man dwelling in his Fee and taken for Felony in another place to Judgment in his own Court. Rastals Expos of Words Anno 1 2 Ph. Ma. ca. 15. Per Outfangthef Edwardus Sutton miles Dominus de Dudley c. clamat quod quandoque aliquis latro qui est homo ipsius Edwardi de Dominio suo praedicto de aliqua felonia convictus fuerit pro qua suspendi debeat in quacunque Curia idem felo sit convictus ducatur ad furcas ipsius Edwardi per Ministros suos ibidem suspendatur Pl. in Itin. apud Cestriam 14 Hen. 7. Outlaw Sax. Utlaghe Lat. Utlagatus Significat bannitum extra legem Fleta lib. 1. ca. 47. one deprived of the benefit of the Law and out of the Kings protection Forisfacit utlagatus omnia quae pacis sunt quia a tempore quo utlagatus est caput gerit lupinum ita quod ab omnibus intersici possit impune maxime si se defenderit vel fugerit c. Bracton lib. 3. Tract 2. ca. 11. num 1 3. see Utlary But in the beginning of Edward the Thirds Reign it was resolved by the Judges that it should not be lawful for any man but the Sheriff onely having lawful warrant therefore to put to death any man Outlawed Coke on Litt. fo 128. b. See Capias utlagatum Outparters Anno 9 Hen. 5. ca. 8. A kind of Theeves in Ridesdale that took Cattel or other Booty without that liberty Others think they were such as lay in wait for robbing any Man or House See Intakers Out-riders Are Bailiffs errant employ'd by Sheriffs or their Deputies to ride to the farthest places of their Counties or Hundreds with the more speed to Summon persons into their County or Hundred Courts Anno 14 Edw. 3. Stat. 1. ca. 9. Owelty See Ouelty Oxgang of Land Bovata terrae is commonly taken for fifteen Acres Six Oxgangs of Land are as much as six Oxen will Plough Cromp. Jurisd fo 220. Bovatus terrae i. Quantum sufficit ad iter vel actum unius bovis Ox enim est bos gang vel gate iter See Coke on Litt. fo 69. a. Oyer and Terminer Fr. Ouir Terminer Is a Commission especially granted to certain persons for the hearing and determining one or more causes This was wont in former times to be only in use upon some sudden Outrage or Insurrection in any place See Cromp. Jurisd fol. 131. and Westm 2. cap. 29. who might grant this Commission And Fitz. Nat. Br. fol. 100. for the form and occasion of the Writ and to whom it is to be granted And Brook hoc titulo A Commission of Oyer and Terminer is the first and largest of the five Commissions by which our
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
signatus sculptus in pariete Cancellae Ecclesiae de Edwynstone in Ecclesia B. Mariae de Nottingham Et dictus Pes continet in longitudine octodecim Pollices Et in arrentatione quorundam vastorum Pertica 20 21 24 pedum usa fuit c. Ex Regist Abb. de novoloco in Com. Nott. Pesage Pesagium Custom paid for weighing Wares or Merchandise MS. temp E. 3. For Peisa we find used for Pondus hence to Peise or Poise Ponderare Pessona Mast Md. quod anno regni Regis Hen. filii Regis Joh. 37. Dominus de Fretchevil homines sui in bosco de Derley apud Cruche Pessonam scil glandes nuces virgis cortis excussisset querela inde deducta in Comitatu c Anno gratiae MCCLXIII Mon. Angl. 2 Par. fo 231. b. So tempore Pessonae often occurs for Mast-time or the season when Mast is ripe which in Norfolk they call Shacking-time Quod habeat decem porcos in tempore de Pesson in boscomeo c. fo 113. 10. Pestarable wares Seem to be such Wares or Merchandise as pester and take up much room in a Ship Anno 32 Hen. 8. ca. 14. Peter-Corne Rex Athelstanus concessit Deo beato Petro Ebor. Colideis praedictis de qualibet Caruca arante in Episcopatu Eboraci unam Travam bladi Anno Domini 936 quae usque in praesentem diem dicitur Peter-corne Ex Reg. S. Leonardi Ebor. in Bibl. Cottoniana fo 5. a. Peter-pence Denarii Sancti Petri otherwise called in the Saxon Romefeoh i. The Fee of Rome also Rome-scot and Romepennyng was a Tribute given by Inas King of the West-Saxons being in Pilgrimage at Rome in the year of our Lord 720 towards the maintenance of a Saxon-School which was a Peny for every house Lamb. Expl. of Saxon words verbo Nummus And fo 128. in St. Edwards Laws num 10. thus Omnes qui habent 30 denariatus vivae pecuniae in domo sua de suo proprio Anglorum lege dabit Denarium Sancti Petri lege danorum dimidiam markam Iste vero denarius debet summoniri in solemnitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad Vincula ita ut ultra illum diem non detineatur c. King Edgars Lawes fo 78. ca. 4. contain also a sharp constitution touching this matter See Romescot St. Peter ad vincula Anno 4 Edw. 4. ca. 1. 17 Ed. 4. ca. 5. See Gule of August Petit cape See Cape Petit larceny Parvum latrocinium See Larceny Petit-treason Fr. Petit trahizon i. Proditio minor Is Treason of a lesser or lower kind For whereas High-Treason is an offence committed against the person of the King and the security of the King and Common-wealth Petit-Treason is where a Servant kills his Master a Wife her Husband a Secular or Religious Man his Prelate Anno 25 Edw. 3. ca. 2. whereof see Cromptons Just of P. fo 2. And for the punishment of it the Stat. 22 Hen. 8. ca. 14. Petition Petitio Signifies in general a Supplication made by an Inferior to a Superior and especially to one having Jurisdiction Anno 13 Car. 2. ca. 5. Petra lanae A Stone of Wool See Stone Petty-fogger from the Fr. Petite Small and Sax. Fogere A Wooer Suiter or Solliciter A silly Advocate a petty Attorney or Lawyer or rather a trouble-Town having neither Law nor Conscience Pharos A Watch-tower No man can build or erect Light-houses Pharos Sea-marks or Beacons without lawful warrant and authority 3 Inst fo 204. Philiser See Filazer Picards A kind of great Boats of fifteen Tun or upwards on the River Severne mentioned 34 35 Hen. 8. ca. 9. Also a Fishers boat Anno 13 Eliz. ca. 11. Piccage Piccagium from the Fr. Piquer i. Effringere Effodere Money paid in Fairs to the Lord of the Soil for leave to break the ground to set up Booths Stalls or Standings Piccage i. Aliquis veniens ad forum nostrum de Rudham cum rebus suis frangendo vel pictando aliquam placcam in dicto foro Prior habebit inde redemptionem Ex registro Priorat de Cokesford Pickards No Person shall use any Iron Cards or Pickards in rowing any Woollen Cloth upon pain to forfeit the same and xx s. for every offence Anno 3 4 Edw. 6. ca. 2. Picle alias Pightel Pictellum Pightellum A small parcel of Land enclosed with a hedge a little Close perhaps from the Italian Picciola i. Minutus which the common people in some parts of England do usually call a Pingle Piepowder Court Curia pedis pulverizati From the Fr. Pied i. Pes Pouldreux i. Pulverulentus Is a Court held in Fairs to yield Justice to Buyers and Sellers and for redress of all disorders committed in them So called because they are most usual in Summer and Suiters to this Court are commonly Country Clownes with dusty feet or from the expedition intended in the hearing of Causes proper thereunto before the dust goes off the Plaintiffs and Defendants feet Of this Court read the Statute 17 Edw. 4. ca. 2. 4 Inst fo 272. and Cromp. Jur. fo 221. This among our old Saxons was called Ceapung-gemot i. A Court for Merchandise or handling matters of buying and selling See Justices of the Pavilion Pig of Lead See Fother Pike or Pick. See Polein Pille of Foddray or Fouldrey In the County of Lancaster Anno 2 Hen. 6. ca. 5. seems to be a defence built on a Creek of the Sea and called Pille by the Idiom of the Country for a Pile or Fort built for the safegard or protection of any place This Pile was erected there by the Abbot of Fornesse in the first year of Edw. 3. Cam. Brit. Rex Dedimus Henrico Comiti Northumb. Insulam Castram Pelam Dominium de Man c. Ror Pat. 1 Hen. 4. m. 36. Pillory Collistrigium q. Collum stringens Pilloria from the Fr. Pilleur i. Depeculator Is an Engin made of Wood to punish Offenders well known By the Statute of 51 Hen. 3. you may see who were then subject to this punishment In the Laws of Canutus ca. 42. it is called Halsfange Sir Henry Spelman says 't is supplicii Machina ad ludibrium magis quam paenam Item utimur tenere Statuta Pistorum omnino sicut antecessores nostri tenuerunt viz. Quod si Pistor in male agendo puniatur per tres vices si post terciam monicionem culpabilis inveniatur Balivi Capitales si ipsum poterint invenire ipsum capiant pro toto puniant habebit vile odibile Judicium de Collistrigio i. the Pillory MS. Codex de LL. Consuetud Burgi-villae Montgom a temp Hen. 2. fo 12. b. See Healfange Pioneers Fr. Pionniers i. Fossores Such Labourers as are taken up for the Kings Army to east up Trenches or undermine Forts Anno 2 3 Ed. 6. ca. 20. Pipe Pipa Is a Roll in the Exchequer otherwise called the great Roll
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
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
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
le mesme the Defence is good See Kitchin in Cha. Que est le mesme fo 236. Que estate Signifies verbatim which estate or the same Estate and is a Plea whereby a man entituling another to Land c. saith that the same estate himself had he has from him For example in a Quare impedit the Plaintiff alleageth that such four persons were seized of Lands whereunto the Advowson in question was appendant in Fee and did present to the Church and afterwards the Church was void que estate that is which estate of the four persons he has now during the vacation by vertue whereof he presented c. Broke tit que estate fo 175. and see Coke on Litt. fo 121. Queen Regina Is either she that holds the Crown of this Realm by right of Blood or she that is Marryed to the King which last is called Queen Consort In the former signification she is in all construction the same that the King is and has the same power in all respects In the later she is inferior and a person exempt from the King for she may sue and be sued in her own name yet what she hath is the Kings and what she loseth the King loseth Stamf. Praerog ca. 2. fo 10. and Coke lib. 4. Copyhold-Cases fo 23. b. Queen gold Aurum Reginae Is a Royal Duty or Revenue belonging to every Queen Consort during her Marriage to the King of England both by Law Custom and Praescription payable by sundry persons in England and Ireland upon divers Grants of the King by way of Fine or Oblation amounting to ten Markes or upwards to wit one full tenth part above the entire Fine as Ten pounds for every Hundred pounds Fine upon Pardons Contracts or Agreements which becomes a real debt and duty to the Queen by the name of Aurum Reginae upon the Parties bare agreement with the King for his Fine and recording it without any promise or contract for this tenth part exceeding it Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo 21. 22. and Mr. Pryns Tractate on this Subject per tot Quein redditum reddat Is a Writ Judicial lying for him to whom a Rent-Seck or Rent-Charge is granted by Fine levied in the Kings Court against the Tenant of the Land that refuseth to atturn to him thereby to cause him to atturn Old Nat. Br. fo 156. Querela frescae fortiae Is a Writ See Freshforce Querela coram Rege Consilio c. Is a Writ whereby one is called to justifie a complaint of a Trespass made to the King himself before the King and his Counsel Reg. of Writs fo 124. Questus est nobis c. Is the form of a Writ of Nusance which by the Stat. Anno 13 Ed. 1. ca. 24 lies against him to whom the House or other thing that breeds the Nusance is alienated whereas before the Statute this Action lay onely against him that first levied or caused the Nusance to the damage of his Neighbor Quia improvide Seems to be a Supersedeas granted in the behalf of a Clerk of the Chancery sued against the priviledge of that Court in the Common-Pleas and pursued to the Exigend or in many other cases where a Writ is erroneously sued out or misawarded See Dyer fo 33. n. 18. Quid juris clamat Is a Writ Judicial issuing out of the Record of a Fine which remains with the Custos Brevium of the Common-Pleas before it be engrossed for after it cannot be had and it lies for the Grantee of a reversion or remainder when the particular Tenant will not atturn West par 2. Symbol tit Fines Sect. 118. See New Book of Entries on this Writ Quid pro quo Is an artificial Speech signifying as much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Civilians which is a mutual performance of both parties to a Contract or a giving one thing for another as 10 l. for a Horse Kitchin fo 184. Quietancia sectae Hundredi Wichmote Per haec verba Johannes Stanley Ar. clamat quod ipse tenentes sui non teneantur venire ad Curiam istam Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia Quietancia Assisarum super Assisam Per haec verba Johannes Stanley clamat quod ipse tenentes residentes sui non ponantur in Assisis jurat nec magnis Assisis Plac. ut supra Quietus i. Freed or acquitted Is a word used by the Clerk of the Pipe and Auditors in the Exchequer in their Acquittances or Discharges given to Accountants usually concluding with abinde recessit quietus which is called a Quietus est and is mentioned in the Act of general Pardon 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff shall discharge him of all accounts due to the King Anno 21 Jac. ca. 5. Quinquagesima Sunday Is that we call Shrove-Sunday and is so called because it is about the fiftieth day before Easter of which you may read in Durandi Rationali Divinorum cap. de Quinquagesima and mentioned in Briton and other ancient Law-writers Quinque portus The Cinque-ports which are 1. Hastings 2. Romene 3. Hethe 4. Dover and 5. Sandwich To the first Winchelsea and Rye belong which are reckoned as part or members of the Cinque-ports Servitium quod Barones Quinque Portuum praescriptorum recognoscunt facere ad summonitionem Regis per annum si contigerit per 15 dies ad custum eorum proprium ita quod primus dies computatur a die quo vela navium erexerunt usque partes ad quas n dere debent vel ulterius quamdiu Rex voluerit ad custum ejus See Cinque Ports Quinsieme or Quinzime Decima quinta Is a French word signifying a Fifteenth with us it is a Tax so called because it is raised after the Fifteenth part of Mens Lands or Goods Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast as the Quinzime of S. John Baptist Anno 13 Ed. 1. in the Preamble Quintane Quintana Fr. Quintaine Bersant A kinde of exercise tkat young Men did and still do use in some parts of this Nation especially Shropshire by breaking Poles on Horse-back against a strong Plank or Butteress set up in the High-way most used at marriages What it was anciently Matthew Paris thus delivers Eo tempore juvenes Londini statuto Pavone pro bravio ad stadium quod Quintana vulgariter dicitur vires proprias equorum cursus sunt experti In Hen. 3 sub initio Anni 1253. Quint-exact Anno 31 Eliz. cap. 3. Quinto exactus Is the last Call of a Defendant who is sued to the Outlary when if he appear not he is by the judgment of the Coroners returned outlawed
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
purpose yet we stand Who so doth us any wrang In what place it fall Yet he must al 's wée le Al 's have I hap and héele Doe againe us all Sed perdonantur 28 ex eis Record continet quatuor Rotulos Ringhead Anno 43 Eliz. cap. 10. An Engin used in stretching Woollen Cloth Riot Fr. Riotte quod non solum rixam jurgium significat sed vinculum etiam quo plura in unum fasciculorum instar colligantur Signifies the forcible doing an unlawful act by three or more persons assembled together for that purpose West par 2. Symb. tit Indictments sect 65. The differences and agreements between a Riot Rout and Unlawful Assembly See in Lamb. Eiren. lib. 2. cap. 5. Stat. 1 Mar. cap. 12. and Kitchin fol. 19. who gives these Examples of Riots The breach of Enclosures Banks Conduits Parks Pounds Houses Barns the burning of Stacks of Corn c. Lamb. ubi supra mentions these To beat a Man to enter upon a Possession forcibly See Rout and Unlawful Assembly see also in Cromp. Justice of Peace divers Cases of Riots Anno 17 Rich. 2. cap. 8. and 13 Hen. 4. cap. 7. See Rout. Ripariae from Ripa a Bank in the Statute of Westm 2. cap. 47. Signifies the Water or River running between the Banks be it Salt or Fresh 2 Inst fol. 478. The word occurs also in Rot. Cart. 9 Edw. 2. num 12. Ripiers Riparii a Fiscella qua in devehendis piscibus utuntur Anglice a Ripp Are those that use to bring Fish from the Sea Coast to the inner parts of the Land Cam. Brit. pag. 234. Roather Beasts Anno 7 Edw. 6. cap. 11. See Rother-Beasts Robbery Robaria from the Fr. Robbe i. Vestis Is a Felonious taking away another Mans Goods from his Person Presence or Estate against his will putting him in fear and of purpose to steal the same West par 2. Symbol tit Indictments sect 60. This is sometimes called Violent Theft which is Felony of two pence Kitchin fol. 16. 22. See Cromptons Justice of Peace fol. 30. b. Robbers Robatores Were so called originally because they onely took away the Robes or Cloaths from Travellers Latrones validi qui in personas hominum insilientes bona sua diripiunt Robersmen or Roberdsmen Anno 5 Edw. 3. cap. 14. and 7 Rich. 2. cap. 5. Lambert interprets them to be Mighty Thieves Eiren. lib. 2. cap. 6. Sir Edward 〈…〉 ke in his Third Instit fol. 197. says Robin-Hood lived in Richard the First 's time in the Borders of England and Scotland by Robbery burning Houses Rape and Spoil c. And that these Roberdsmen took name from him Kod Roda terrae Is otherwise called a Pearch and is a measure of sixteen foot and a half long and in Staffordshire twenty foot to measure Land with See Pearch Rod Knights alias Rad Knights from the Sax. rad angl Road i. Equitatus tnyt i. puer minister famulus quasi pueri vel ministri equitantes Were certain Servitors who held their Land by serving their Lords on Horsback Debent equitare cum Domino suo de Manerio in Manerium vel cum Domini Uxore Bracton lib. 2. cap. 35. num 6. Not much unlike our Retainers Rose-tyle alias Creast-tyle Is that Tyle which is made to lay upon the Ridge of the House Anno 17 Edw. 4. cap. 4. Rogue Rogus from the Fr. Rogue Arrogans Signifies an idle sturdy Beggar who wandring from place to place without Pasport after he hath been by Justices bestowed or offered to be bestowed on some certain place of aboad is worthily so called who for the first offence is called A Rogue of the first degree and punished by whipping and boring through the Grissel of the Right Ear with a hot Iron an inch in compass and for the second offence is called A Rogue in the second degree and put to death as a Felon if he be above eighteen years old See the Stat. 14 Eliz. cap. 5. and 18 Ejusdem cap. 3. and Anno 36 cap. 17. See Lamb. Eiren. lib. 4. cap. 4. Rogus Lat. A great Fire also a Pile of Wood. Mandatum est constabulario castri de Divis. Et custodi Forestae de Cippeham quod fieri fac unum Rogum in Foresta praedicta ad operationes Castri praedicti prout melius viderit expedire c. T. x Maii. Claus 54 Hen. 3. m. 8. Rogus cum comburitur pira est congeries lignorum ad comburendum Vocab utriusque Juris Roll Rotulus Signifies a Schedule of Paper or Parchment which may be turned or wound up with the hand to the fashion of a Pipe Of which there are in the Exchequer several kindes as the Great Wardrobe Roll the Cofferers Roll the Subsidy Roll c. Of which see the Practice of the Exchequer Court fol. 75. Rider-Roll Noys Reports fol. 84. The Court Ex Officio may Award a Certiorari ad informandam conscientiam and that which is certified shall be annexed to the Record and is called a Rider Roll. Or a Rider Roll is a Schedule or small piece of Parchment not seldom sewed or added to some part of a Roll or Record Rolls or Office of the Rolls in Chancery-lane anciently called Domus Conversorum Was an House built or appointed by King Henry the Third for such Jews as were converted to the Christian Faith But King Edward the Third in the One and fiftieth year of His Raign expulsed them for their wickedness and deputed the place for the Custody of the Rolls and Records of the Chancery the Master whereof is the second person in Chancery and in the absence of the Lord Chancellor or Lord Keeper sits as Judge being commonly called The Master of the Rolls Romefeoh Romepeny Sax. romfeoh i Nummus Romae datus nam feoh est nummus pecunia stipendium rompening Romae Denarius Pening enim hodie A peny est Denarius Vide Romescot Romescot Romefeoh vel Romefee Rome-peny alias Denarius Sancti Petri Hearthpony Is compounded of Rome and Scot from the Sax. sceat i. Census pecunia quasi nummus Romae dicatus It was an annual tribute of one peny from every family or houshold paid yearly to Rome at the Feast of St. Peter ad Vincula 1 Aug. It was given by Inas King of the West-Saxons Anno 725. as an Alms being in Pilgrimage at Rome and was prohibited in the days of Edward the Third It amounted to Three hundred Marks and a Noble yearly Romfeoh in Festo Sancti Petri ad Vincula debet reddi Qui supra tenebit reddat Episcopo Denarium illum 30 Denarios addat Regi 50 solidos LL. Hen. 1 cap. 12. See Peter-pence Rood of Land Rodata Terr◠Is the fourth part of an Acre Anno 5 Eliz. cap. 5. Rother-Beasts Sax. Hryther Under this Name are comprehended Oxen Cows Steers Heyfers and such like Horned-Beasts Anno 21 Jac. cap. 28. And in Herefordshire the Dung of such Beasts is still called Rothersoyl Rotulus Wintoniae Domesday
imaginibus equitum in Sigillis posuerunt Arma sua in parvis Scutis Chron. Joh. Rossi in Bibl. Cotton Sealer Sigillator Is an Officer in the Chancery who is appointed by the Lord Chancellor or Keeper of the Great Seal of England to Seal the Writs and Instruments there made in his presence Seam Sax. See Seme Sean fish Anno 1 Jac. Ses 1. ca. 25. Seems to be that sort of Fish which is taken with a great long Net call'd a Sean Searcher See Alneger Sea-rover Anno 16 Car. 2. ca. 6. See Privateir Second Deliverance Secunda Deliberatione Is a Writ that lies after a return of Cattle replevied adjudged to him that distrained them by reason of a default in the party that replevied for the replevying the same Cattle again upon security put in for the redelivery of them in case the Distress be justified New Book of Entries verbo Replevin in Second Deliverance fol. 522. Vide Dyer fol. 41. num 4 5. Secta ad Curiam Is a Writ that iies against him who refuseth to perform his Sute either to the County or Court Baron Fitz. Nat. Br. fol. 158. Secta facienda per illam quae habet aeniciam partem Is a Writ to compel the Heir that hath the Elders part of the Coheirs to perform service for all the Coparceners Reg. of Writs fol 177. a. Secta Molendini Is a Writ lying against him that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him that this Writ lies especially for the Lord against his Frank-tenant who held of him by making Sute to his Mill. See the New Book of Entries on this word Secta ad Molendinum and Assises of Nusance are now much turned into Trespasses and Actions upon the Case Secta ad justitiam faciendam Bracton lib. 2. cap. 16. num 6. Is a Service which a Man is bound by his Fee to perform Secta Shirarum Per Sectam Shirarum clamat esse quiet de secta in Com. Cestriae Flint coram Justic Domini Principis in Communi Aula placitorum Plac. in Itin. apud Cestriam 14 Hen. 7. Secta unica tantum facienda pro pluribus haereditatibus Is a Writ that lies for that Heir who is distrained by the Lord to more Sutes than one in respect of the Land of divers Heirs descended to him Reg. of Writs fol. 177. 4. Sectis non faciendis Is a Writ that lies for a Woman who for her Dower ought not to perform Sute of Court Reg. of Writs fol. 174. Secunda super oneratione Pasturae Is a Writ that lies where Admeasurement of Pasture hath been made and he that first surcharged the Common does it again notwithstanding the Measurement Reg. of Writs fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8. Secundary Secundarius A Second Officer who is next to the Cheif Officer As the Secundary of the Fine Office Secundary of the Compter who is next to the Sheriff of London in each of the two Compters Secundary of the Office of the Privy Seal Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe two Secundary to the Remembrancers which are two Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quod se non divertat ad partes exteras sine Licentia Regis Is a Writ that lies for the King against any of His Subjects to stay them from going out of His Kingdom The ground whereof is That every Man is bound to serve and defend the Commonwealth as the King shall think meet Fitz. Nat. Br fol. 85. Securitate Pacis Is a Writ that lies for one who is threatned death or danger against him that so threatens and is taken out of the Chancery directed to the Sheriff whereof the form and farther use you may see in Reg. of Writs fol. 88. b. and Fitz. Nat. Br. fol. 79. Se Defendendo Is a Plea for him who is charged with the death of another saying He was forced to what he did in his own defence the other so assaulting him that if he had not done as he did he must have been in danger of his own life Which danger ought to be so great as that it appears to have been otherwise inevitable Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chancelor and forfeits notwithstanding his Goods to the King Seignior Dominus Fr. Seigneur Signifies generally as much as Lord but particularly it is used for the Lord of the Fee or of a Mannor as Dominus or Senior among the Feudists is he who grants a Fee or Benefit out of the Land to another and the reason is because as Hotoman says having granted the use and profit of the Land to another yet the property i. Dominium directum he still retains in himself Seignior in Gross See Lord in Gross Seignory Dominium Fr. Seigneurie i. Ditio Dominatus c. Signifies a Mannor or Lordship Seignorie de Sokemans Kitchin fol. 80. Seignorie in Gross seems to be the title of him who is not Lord by means of any Mannor but immediately in his own person As Tenure in Capite whereby one held of the King as of His Crown was Seignorie in Gross Idem fol. 206. Seignourage Anno 9 Hen. 5. stat 2. cap. 1. Seems to be a Regality or Prerogative of the King whereby He challengeth allowance of Gold and Silver brought in the Mass to His Exchange to be coyned Seisin Seisina Fr. Scisine Possession and Primier Seisin is the first Possession Seisin is twofold in Fact and in Law Perkins Dower 369 370. Seisin in Fact is When an Actual Possession is taken Seisin in Law is When something is done which the Law accounts a Seisin as an Inrolment Seisin in Law is as much as a right to Lands and Tenements though the owner be by wrong dâ—â—â—eised of them Perkins Tenant pur le Curtesie 457 478. Coke lib. 4. fol. 9. a. Calls it Seisin in Law or Seisin Actual Seisina habenda quia Rex habuit annum diem vastum Is a Writ that lies for Delivery of Seisin to the Lord of his Lands or Tenements who was formerly convict of Felony after the King in right of His Prerogative hath had the Year Day and Waste Reg. of Writs fol. 165. a. Selda From the Sax. Selde a Seat Stool or Settle Assisa Mensurarum Anno 9 Rich. 1. apud Hoveden Prohibemus ne quis mercator praetendat Seldae suae rubros pannos vel nigros vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur ad bonum pannum eligendum In Majoribus Chronicis ubi locus hic vertitur Selda Window exponitur says Spelman But by what follows it seems clearly to signifie a Shop Shed Standing or Stall Sciant praesentes futuri quod
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
of a Toft Toftmanni similiter operabantur a Sancto Michaele usque ad autumpnum in autumno per 6 hebdomadas unaquaque hebdomade per 2 dies c. Pri. Lew. pag. 18. See Molman Tol Tollere As it is a Verb signifies to defeat or take away Anno 8 Hen. 6. cap. 9. As to Tol the Entry i. To take away the right of Entry Toll Tolnetum vel Theolonium Is a Saxon word and hath two significations First It is used for a liberty to buy and sell within the Precincts of a Mannor Secondly For a Tribute or Custom paid for Passage Buying Selling c. Bracton lib. 2. cap. 24. num 3. interprets it to be a Liberty as well to take as to be Free from Toll for they who are enfeoffed with Toll are Custom-free says Skene Toll hoc est quod vos homines vestri de toto Homagio vestro sint quieti de omnibus mercatis de Tolneto de omnibus rebus emptis venditis Of this freedom from Toll the City of Coventry boasts of an ancient Charter granted by Leosric or Luriche Merciorum Comes who at the importunity of Godeva his vertuous Lady granted this Freedom to that City and in Richard the Seconds time according to Mr. Dugdale in his Description of Warwickshire the Picture of him and his Lady was set up in the South-Window of Trinity Church there holding in his right hand a Charter with these words written thereon I Luriche for the love of thée Do make Coventry Toll-frée Some Authors make mention of Toll-through which is Money paid for passage in or through some High-ways or over Ferries Bridges c. Toll-travers for passing over a private Mans Ground and Toll-turn which is Toll paid at the return of Beasts from Fair or Market though they were not sold Plowden Casu Willion fol. 236. Kitchin fol. 104. By the ancient Law of this Land the Buyers of Corn or Cattle in Fairs or Markets ought to pay Toll to the Lord of the Market in testimony of the Contract there lawfully made in open Market because privy Contracts were held unlawful Horns Mirror lib. 1. Tollage Anno 17 Car. 1. cap. 15. See Tallage Tolsester Per Tolsester clamat esse quiet de reddend unum Sextarium Cervisiae quod continet xvi Lagenas de nova cervisia mensurata desubtus le Shakelif pro licencia braciandi cervis per totum annum Ex Rol. Plac. in Itin. apud Cestriam 14 Hen. 7. The same word occurs in Carta 55 Hen. 3. m. 6. See Gavel-sester Tolt Tolta Is a Writ whereby a Cause depending in a Court Baron is removed to the County Court and so called because it does Tollere loquelam from the one Court to the other Preface to Cokes 3 Rep. Plac. Coram Rege Pasc 22 Edw. 1. Rot. 18. Tolta placiti significat processum per quem causa a jurisdictione juris temporalis tollitur Toltray Venditio salis quae debet solvi i. Bushel dimid salis per mensuram 4 d. MS. de Temp. Edw. 1. Tonne See Tun. Tort Fr. Injustice injury As De son tort mesme in his own wrong Crokes Rep. Whites Case fol. 20. Wrong or injury is properly called Tort because it is wrested or crooked Coke on Littl. fol. 158. b. Tortfeasor Fr. Tort faiseur A Doer of wrong a Trespasser Croke 2 part fol. 383. num 11. Toties quoties Anno 19 Car. 2. cap. 4. As often as Totted A good debt to the King is by the Foreign Apposer or other Officer in the Exchequer noted for such by writing this word tot to it Anno 42 Edw. 3. cap. 9. and 1 Edw. 6. cap. 15. See Practice of the Exchequer pag. 71. Totteray Was a Customary payment of four pence for every Bushel and a half of Corn sold at Maldon in Essex Hil 15 Edw. 1. Tourn See Turne Tout temps prist uncore est i. Always ready and is so at this present Is a kinde of Plea in way of excuse or defence for him that is sued for any Debt or Duty belonging to the Plaintiff See Brooks Abr. fol. 258. Towage Towagium Fr. Touaige Is the towing or drawing a Ship or Barge along the Water by Men or Beasts on Land or by another Ship or Boat fastned to her Also that Money or other recompence which is given by Bargemen to the owner of the Ground next a River where they tow a Barge or other Vessel The word may probably be derived from the Saxon teon Ducere trahere Dominus Rex habeat habere debeat Thowagium navium batellorum majorum minorum in aqua de Tyne c. Pla. Coram Rege ejus Concil Parl. 18 Edw. 1. in Turre London Traylbaston See Justices of Traylbaston and see the Copies of several Commissions granted to them by Edward the First in Spelmans Glossarium verbo Traylbaston The common people in those days called them Traybaston quod sonat Trahe baculum Edward the First in his Thirty second year says Sir Rich. Baker sends out a new Writ of Inquisition called Trailbaston against Intruders on other Mens Lands who to oppress the right owner would make over their Lands to great Men against Batterers hired to beat men Breakers of Peace Ravishers Incendiaries Murderers Fighters False Assisors and other such Malefactors which Inquisition was so strictly executed and such Fines taken that it brought in exceeding much Treasure to the King Chron. fol. 111. See Plac. Parliamentaria fol. 211. 280. and 4 Instit 186. And in a Parliament 1 Ric. 2. the Commons of England Petitioned the King That no Commission of Eyre or Trayle Baston might be issued during the Wars or for Twenty years to come Rot. Parl. 1 Ric. 2. Traytor Traditor Proditor See Treason Traiterous Position Of taking Arms by the Kings Authority against his person and those that are commissionated by him condemned by the Stat. 14 Car. 2. cap. 3. Transcript Anno 34 35 Hen. 8. cap. 14. Is the Copy of any Original written again or exemplified As the Transcript of a Fine Transcripto Recognitionis factae coram Justiciariis itinerantibus c. Is a Writ for the certifying of a Recognizance into Chancery taken before Justices in Eyre Reg. of Writs fol. 152. b. Transcripto pedis Finis levati mittendo in Cancellariam Is a Writ for the certifying the Foot of a Fine levied before Justices in Eyre c. into the Chancery Reg. of Writs fol. 169. and Reg. Judic fol. 14. Transgressione Is a Writ commonly called a Writ or Action of Trespass Of which Fitzherbert hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differs from the other because it hath not these words Quare vi Armis c. Nat. Br. fol. 84. G. The other is termed a Writ of Trespass which is to be sued in the Common Pleas or Kings Bench. Nat.
Br. fol. 92. E. See Trespass and the divers use of this Writ in the Table of Reg. of Writs 2 Inst fol. 419. Transire Anno 14 Car. 2. cap. 11. I used for a Custom-house Warrant or Let-pass from transeo to go forth or let pass Transitory Is the opposite to Local See Local Trantery So in some Mannors they call the Money arising by Amercements of Ale-sellers and Victuallers for breaking the Assise of Bread and Ale as at Luston and other Mannors in Herefordshire especially those belonging to the Brishopric of Hereford But why so called Quaere Travers from the Fr. Traverser i. Transfigere Signifies sometimes to deny sometimes to overthrow or undo a thing or to put one to prove some matter much used in answers to a Bill in Chancery or it is that which the Defendant pleadeth or saith in Bar to avoid the Plaintiffs Bill either by confessing and avoiding or by denying and traversing the material parts thereof The formal words of which Travers are in our French sans ceo in Latin absque hoc in English without that See Kitchin fol. 227. 240. To Travers an Office is nothing else but to prove That an Inquisition made of Goods or Lands by the Escheater is defective and untruly made So to Travers an Indictment is to take issue upon the cheif matter and to contradict or deny some point of it As in a Presentment against A. for a High-way overflown with Water for default of scouring a Ditch c. A. may Travers either the matter that there is no High-way there or that the Ditch is sufficiently scoured or otherwise he may Travers the Cause viz. That he hath not the Land or that he and they whose estate c. have not used to scour the Ditch Lamb. Eiren. lib. 4. cap. 13. pag. 521 522. See the New Book of Entries verbo Travers Treason Fr. Trahison i. Proditio Is divided into high and petit Anno 25 Edw. 3. stat 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth whether it be by imagination word or deed as to compass or imagin the death of the King Queen or Prince or to deflower the Kings Wife or His eldest Daughter unmarried or His eldest Sons Wife or levy War against the King in His Realm adhere to His enemies counterfeit His Great Seal Privy Seal or Money or wittingly to bring false Money into this Realm counterfeited like the Money of England and utter the same To kill the Kings Chancellor Treasurer Justices of either Bench Justices in Eyre of Assise or of Oyer and Terminer being in their place doing their Office An. 25 Edw. 3. cap. 2. Forging the Kings Seal-Manuel or Privy Signet Privy Seal or Foreign Coyn current here Anno 2 Mar. cap. 6. or diminishing or impairing current Money 5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say the King is an Heretick or Papist or that He intends to introduce Popery c. Anno 13 Car. 2. cap. 1. And many others which you may read there and in other places particularly expressed In case of this Treason a Man shall be hanged drawn and quartered and forfeit his Lands and Goods to the King it is also called Treason Paramount Anno 25 Edw. 3. cap. 2. Petit Treason Is when a Servant kills his Master a Wife her Husband or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience and in how many other Cases Petit Treason may be committed See Cromp. Just of Peace This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee See Bracton lib. 3. tract 2. cap. 3. num 1. 2. There is also mention of Accumulative Treason and Constructive Treason in the Stat. 14 Car. 2. cap. 29. Treasure-trove Fr. Tresor-trouve i. Treasure-found Signifies veterem depositionem pecuniae cujus non extat memoria ut jam dominum non habeat And though the Civil Law give it to the finder according to the Law of Nature yet our Law gives it to the King by His Prerogative or to some other who claims by the Kings grant or by praescription as appears by Bracton lib. 3. Tract 2. ca. 3. nu 4. The punishment for concealing Treasure found is imprisonment and fine But if the owner may any wayes be known then it does not belong to the Kings Prerogative Briton ca. 17. sayes 't is every Subjects part as soon as he has found any Treasure in the earth to make it known to the Coroners of the County c. See Kitchin fo 40. Anno 1 2 Ph. Mary ca. 15. This was anciently called Fyndaringa of finding the Treasure LL. Hen. 1. ca. 11. See 3 Inst fo 132. Treasurer Thesaurarius Is an Officer to whom the Treasure of another is committed to be kept and truly disposed of The chief of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose Government is all the Princes Wealth contained in the Exchequer as also the Check of all Officers any way employed in collecting Imposts Tributes or other Revenues belonging to the Crown c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes relating to this Great Officer There is also Treasurer of the Kings Houshold who is also of the Privy-Council and in the absence of the Steward of the Kings houshold has power with the Controller and Steward of the Marshalsea without Commission to hear and determin Treasons Murder c. committed within the Kings Palace Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer Treasurer of the Navy Treasurer of the Kings Chamber Treasurer of the Kings Wardrobe Treasurer of the Wars c. And most Corporations throughout the Kingdom have an Officer of this Name who receives their Rents and disburseth their common expences Treat From the French Traire i. Emulgerâ— Signifies as much as taken out or withdrawn As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute Old Nat. Br. fo 159. that is removed or discharged Trebuchet Terbichetum A Tumbrel or Cokestole 3 Part. Inst fo 219. See Tribuch Treet Triticum i. Wheat In the Statute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat See Cocket Trental Trentale An Office for the Dead continued thirty dayes or consisting of thirty Masses from the Italian Trenta i. Triginta mentioned Anno 1 Ed. 6. ca. 14. Et volo ordino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae Will proved Anno 1456. Trespass Transgressio Signifies any transgression of the Law under Treason Felony or Misprision of either Stam. pl. Cor. fo 38. where he
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
morum Was wont to be the name of the Regarders Office in ancient time Manwood Par. 1. pa. 195. See Regarder Uisne Vicinetum Signifies a Neighbour-place or a place near at hand Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant qui olim intelligebantur de eadem villa sive adjacentibus atque alias de eodem Hundredo vel proximit modo vero de eodem pago sive Comitatu 〈◊〉 hoc est compagenses Spelm. See Venew Uisu Franciplegii Is a Writ to exempt him from coming to the View of Frankpledge who is not resident within the Hundred For men are bound to this View by reason of their habitation and not of Lands held where they dwell not Reg. of Writs fo 175. Uitteller alias Uictualer Victualarius al. Vitellarius Is he that sells Victuals for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade bearing a Magistracy in any Town Corporate Uiva pecunia Anciently used for live Cattle See Pecunia Uiva voce See Deposition Uivary Vivarium Signifies a place on Land or Water where living things are kept In Law it most commonly signifies a Park Warren Fish-pond or Piscary Cokes second part Inst fol. 100. Haec est conventio inter Priorem Conventum Canonicorum de Rudham Rogerum de Glanvilla de Molendino stagno de Thorp sc quod Canonici reddent annuatim praefato Rogero 7 sol quemadmodum pater ejus Robertus de Glanvilla solebat habere tempore Michaelis Prioris si Rogerus de Glanvilla fuerit in Ructon vel uxor ejus ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm. Ulnage See Alnage Uncore prists Is a Plea for the Defendant being sued for a debt due at a day past to save the forfeiture of his Bond saying he tendred the debt at the time and place and that there was none to receive it and that he is yet also ready to pay the same 7 Edw. 6. 83 Dyer See Unques prist Uncuth Sax. Unknown It is used in the ancient Saxon Laws for him that comes to an Inn guest-wise and lies there but one night in which case his Host was not bound to answer for any offence he committed whereof he was guiltless himself See Lamb. Archai fol. 133. num 7. Item secundum antiquam consuctudinem dici poterit de familia alicujus qui hospes fuerit cum alio per tres noctes quia prima nocte poterit dici Uncuth Secunda vero Gust tertia nocte Hoghenehine Bracton lib. 3. cap. 10. num 2. See Thirdnightawnhine Unde nihil habet Is a Writ See Dote unde nihil habet Under-chamberlain of the Exchequer Is an Officer there that cleaves the Tallies written by the Clerk of the Tallies and reads the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true he also makes searches for all Records in the Treasury and hath the custody of Domesday Book There are two Officers there of this name Under Sheriff Subvicecomes See Sheriff Under sitter Is an Inmate See Inmate Undertakers Were such as were employed by the Kings Purveyors as their Deputies Anno 2 3 Phil. Ma. cap. 6. And such as undertake any great work as draining of Fens c. Anno 43 Eliz. cap. 11. Under Treasurer of England Vicethesaurarius Angliae Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer as in 35 Eliz. In the vacancy of the Lord Treasurers Office he does all things in the Receipt that the Lord Treasurer doth Anciently he did Chest up the Kings Treasure at the end of every Term and note the content of Money in each Chest and see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer c. Uniformity Uniformitas One form of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies in the Church of England prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4. Union unio Is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and Incumbent But there are two other sorts of it as when one Church is made subject to the other and when one Man is made Rector of both and when a Conventual is made Cathedral as you may read in the Gloss of the Chapter Licet de locato conducto in Lyndwoods Provincials Sect. Et quia In the first signification by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consolidation of two Churches in one whereof the value of the one is not above six pounds in the Kings Books of the First Fruits and not above one mile distant from the other And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess Major Bailiff c. of any City or Corporate Town and the Patron or Patrons to unite two Churches or Chappels in any such City Town or the Liberties thereof provided such Union shall not be good if the Churches so united exceed the sum of One hundred pound per annum unless the Parishioners desire otherwise c. Unity of Possession Signifies a Joynt-possession of two Rights by several Titles As if I take a Lease of Land from one upon a certain Rent afterwards I buy the Fee-simple this is an Unity of Possession whereby the Lease is extinguished by reason that I who had before the occupation onely for my Rent am become Lord of the same and am to pay my Rent to none but my self University Universitas Is most usually taken for those two Bodies which are the Nurseries of Learning and Liberal Sciences in this Realm Oxford and Cambridge endowed with great favors and priviledges as appears not onely by Anno 2 3 Ph. Mar. cap. 15. 13 Eliz. cap. 21. 18 Ejusdem cap. 6. But much more by their several Charters granted by divers pious and munificent Kings of this Land Anno 14 Car. 2. cap. 4. Unlage Sax. Un-laga A wicked or unjust Law In which sence the word occurs in LL. Hen. 1. cap. 34. 84. Unlawful Assembly Illicita Congregatio Is the meeting of three or more persons together with force to commit some unlawful Act and abiding together though not endeavoring the execution of it as to assault or beat any person to enter into his House or Land c. West par 2. Symbol tit Indictments sect 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem cap. 1. If five persons or more shall be Assembled together above those of the Family at any Conventicle or Meeting under colour of any Exercise of Religion it is unlawful and punishable by Fines and otherwise as in
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot
symbolum Hac autem solutione multi se contendunt immunes esse a minoribus quibusdam decimis persolvendis Ejusdemque generis sunt quae alias Cock Wax alias Maineport appellantur Spelm. This Waxscot was anciently paid thrice a year towards the charges of Candles in Churches Way See Chimin Wde for so they anciently wrote Wood. See Strond Weald or Weld Sax. weald i. Sylva desertum Is the Woody part of a Countrey as the Weald of Kent Cam. Britan pag. 247. Anno 26 Hen. 8. cap. 7. In the Collection of Statutes 14 Car. 2. cap. 6. It is mis-printed Wildes of Surrey Sussex or Kent for Wealds Wear or Were Wera Wara Sax. waer A Stank or great Dam in a River well known accommodated for the taking of Fish or to convey the stream to a Mill. Unam Waram duas Cotlandas cum Dominio prato Mon. Angl. 2 par fol. 128. And I have seen an old Deed with Boera stans in aqua supposed to signifie a Wear See Kiddel Weif See Waif Weigh Waga Is a Weight of Cheese or Wool containing Two hundred fifty six pounds of Avoir du pois See Waga Cokes 12 Rep. fol. 17. mentions Eighty Weigh of Bay-Salt See Waga Weights Pondera There are two sorts of them in use with us The one called Troy Weight which hath Twelve ounces to the Pound by which Pearl Precious Stones Electuaries and Medicinal things Gold Silver and Bread are weighed The other Avoir de pois containing Sixteen ounces to the pound by which all other things are weighed that pass by weight Geo. Agricola in his Learned Tract De ponderibus Mensuris pag. 339. termeth the Pound of Twelve ounces Libram Medicam and the other Libram Civilem saying thus Medica et Civilis Libra numero non gravitate unciarum differunt By these words Avoir du pois are sometimes signified such merchandise as are bought and sold by this kinde of Weights The first Statute of York 9 Edw. 3. in Proaem 27 Edw. 3. stat 2. cap. 10. And 24 Hen. 8. cap. 13. All our Weights and Measures have their first composition from the Penny Sterling which ought to weigh Thirty two Wheat Corns of a middle sort Twenty of which pence make an ounce and Twelve such ounces a Pound but Fifteen ounces make the Merchants Pound Fleta lib. 2. cap. 12. which though an ounce less should probably be all one in signification with Avoir du pois and the other Pound called by Fleta Trone Weight plainly appears to be all one with that we now call Troy Weight See Tronage From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm c. Anno 17 Car. 1. cap. 19. Weights of A wncel Anno 14 Edw. 3. stat 1. cap. 12. See Auncel Weight Weythe Et omnia animalia advenientia fugitiva Gallice Weythe in toto Hundredo de Halton Mon. Angl. 2 par fol. 187. b. See Waif Wend Wendus i. Perambulatio circuitus from the Sax. wendan to Wend Meare Procinctus terrae amplior plurima juga in se continens Rentale Regalis Manerii de Wy pag. 31. Tres sunt Wendi viz. Dounwend Chiltones Wend Bronsford Wend in quolibet Wendo sunt decem juga sic in tribus Wendis sunt 30 juga quorum 26 juga dimid sunt in Wy c. Et infra Quilibet Wendus faciet 10 averagia semper de tribus septimanis in tres c. Were alias Werre Sax. ƿere ƿera i. pretium Signifies as much as aestimatio capitis or pretium hominis that is so much as one paid in ancient time for killing a Man when such crimes were punished with pecuniary mulcts nor death In LL. Edw. Conf. cap. 11. We read Were suum id est Pretium suae redemptionis his ransom Si quis ante Comitem in placito pugnaverit emendet secundum precium sui ipsius forisfacturam quod Angli dicunt were wite Can. LL MS. pag. 150. In which words the Saxon ƿ w is often mistaken into p and written Pere and Pite See Pere and Pite and see Gavelet Weregelt-thef Significat latronem qui redimi potest Fleta lib. 1. cap. 47. also Wergild Wergeld Wergildus Pretium seu valor hominis occisi homicidii precium which was paid partly to the King for the loss of His Subject partly to the Lord whose Vassal he was and partly to the next of kin Quaedam crimina emendari non possunt quae sunt Husbrech Bernet Openthef Ebere-mord Lafordfith infractio pacis Ecclesiae vel per Manus Regis per homicidium LL. Hen. 1. cap. 13. In which Chapter the crimes are enumerated which might be redeemed per Weram De unoquoque fure per totam Scutiam est Wergelt 30 Vaccae una juvenca sive fuerit liber homo sive servus Reg. Majest lib. 4. cap. 19. The Weregild of an Archbishop and of an Earl was 15000 Thrimsa's Seldens Titles of Honor fol. 604. Weretoff Et sint quieti de communi misericordia Comitatus de Wardpenny Averpenny de Hundredpenny Thirdingpenny de Weretoff de Forfeng Carta Hen. 1. from the Sax. ƿere-to-fon i. To take a ransom or price for killing a Man See Were Wervagium Cum omnibus aliis consuetudinibus legibus libertatibus suis Wervagio suo bi lande bi strande Carta Hen. 3. Leveshamensi Coenob Quaere West Saxonlage alias West Sexenlage Was the Law of the West Saxons See Merchenlage Westminster Westmonasterium Sax. Westmynster i. Occidentale Monasterium Was the ancient Seat of our Kings and is now the well known place where the High Court of Parliament and Courts of Judicature sit It had great Priviledges granted by Pope Nicholas among others Ut amplius in perpetuum Regiae constitutionis locus sit atque repositorium Regalium Insignium Ep. ejus ad div Edovard Concil Tom. 3. B. fol. 1228. See City And 4 Inst fol. 255. Wetecroft Habebit mensuram unam sc Wetecroft cum orto ubi possit manere c. Mon. Angl. 2. par sol 40. b. Wharf Wharfa Is a broad plain place near a Creek or Hithe of the Water to lay Wares on that are brought to or from the Water New Book ef Entries fol. 3. Anno 12 Car. 2. cap. 4. Wharfage Wharfagium Is Money paid for Landing Wares at a Wharf or for Shipping or taking Goods into a Boat or Barge from thence It is mentioned Anno 27 Hen. 8. cap. 26. And 22 Car. 2. cap. 11. Wharfinger Is he that owns or keeps a Wharf or hath the over-sight or management of it Anno 7 Edw. 6. cap. 7. 12 Car. 2. cap. 4. And 22 Ejusdem cap. 11. Whéelage Rotaticum Fr. Rouage Tributum est quod rotarum nomine penditur hoc est pro plaustris carris transeuntibus Spelm. Whitehart-silver Candidi cervi argentum Is a Tribute or Mulct paid into the Exchequer out of
be accounted of than a VVoolfs head LL. hdw. set forth by Lamb. fo 127. b. num 7. and Bracton lib. 3. Tract 2. ca. 11. See Utlary Vâ—oolfeshead VVulferford are all one Coke on Litt. fo 28 b. Wyke VVyka A Farm or little Village Et tutam Wykam cum hominibus c. Mon. Angl. 2 Par. fo 154. Wyte or Wite VVyta vcl VVita Sax. Æ¿ite i. Paena mulcta Saxones duo mulctarum genera statuere Weram Wptam Wera mortis reos gravissime peccantes liberabat Wyta mediis levioribus delictis statuta fuit non certa sed pro qualitate commissi alias gravior alias levior salvo tamen semper contenemento delinquentis ut lex loquitur in Mag. Char. ca. 14. hoc est aestimatione ejus Anglice his Countenance Ex his placitis quaedam emendantur centum solidis quaedam Wera quaedam Wyta quaedam emendari non possunt Leg. Hen. 1. ca. 13. Emendet juxta ordinis diguâ—tatem sive per redemptionem i. Were per forisfacturam i. Wite per Legis transgressionem i. Lasblite MS. de LL. Canuâ—i in Bibl. Cotton sub tit Vitellius C. 9. X. XEnia Dicuntur munuscula quae 〈◊〉 Provincialibus Rectoribus Provinciarum offerebantur Vox in Privilegiorum Chartis non insueta ubi quietos esse a Xeniis inmunes notat ab hujusmodi muneribus aliisque Donis Regi vel Reginae praestandis quando ipsi per praedia Privilegiatorum transierint ut in Chart. Domus Semplingham Principibus enim olim fuit in more a subditis vel invitis munera extorquere Itaque ab hoc jugo liberos fecit Ecclesiasticos Aethelbaldus Rex Merciorum Anno 749. ut ab exemplari Chartae suae cum apud Ingulphum Saxtum Wil. Malmsb. Lib. de Gestis Reg. Angl. p. 29. l. 4. His verbis habetur Concedo ut omni Monasteria Ecclesiae Regni mei a publicis vectigalibus operibus oneribus absolvantur Nec munuscula praebeant Regi vel Principibus nisi voluntaria Spelm. Nulla autem persona parva vel magna ab bominibus terrae Radingensis Monasterii exigat non equitationem sive expeditiunem non summagia non vectigalia non navigia non opera non tributa non Xenia c. In Memorand Scacc. de Anno 20 Edw. 3. Trin. Rot. 3. Y. YA Nay Quod homines sui Riponienses sint credendi per suum Ya per suum Nay in omnibus querelis Curiis licet tangen Fréedmortel c. Carta Athelstani Regis Yard Virga Is a well known measure of three foot in length which according to Sir Richard Baker Henry the First ordained by the length of his own Arm. See Virga Terrea Yard Land Virgata Terrae a Sax. gyrd i. Virga Is a quantity of Land various according to the place As at Wimbleton in Surrey it is but 15 Acres in other Counties 20 in some 24 in some 30 and in others 40 Acres Virgata terrae continet 24 acras 4 virgatae constituunt unam Hidam quinque Hidae constituunt feodum militare MS. Abbatiae Malmsb. This Yardland Bracton lib. 2. cap. 10. 27. calls Virg 〈…〉 m Terrae but expresseth no certainty what it contains It is called a Verge of Land Anno 28 Edw. 1. Statute of Wares See Seldens Titles of Honor fol. 622. Year and day Annus dies Is a time that determines a right in many cases and is in some an usucaption and in others a prescription as in case of an Estray if the owner Proclamation being made challenge it not within that time it is forfeit So is the year and day given in case of Appeal of Descent after entry or claim of Non claim upon a Fine or Writ of Right of the death of a Man sore bruised or wounded of Protections Essoigns in respect of the Kings Service of a Wreck and divers other cases Coke Vol. 6. fol. 107. b. and 3 Inst fol. 53. Year Day and Waste Annus dies vastum Is a part of the Kings Prerogative whereby he challengeth the profits of their Lands and Tenements for a year and a day that are attainted of Petit-Treason or Felony whosoever is Lord of the Mannor whereto the Lands or Tenements do belong and not onely so but in the end may waste the Tenement destroy the Houses Root up the Woods Gardens Pasture and Plough up Meadows except the Lord o the Fee agree with him for redemption of such Waste afterwards restoring it to the Lord of the Fee whereof you may read at large Stamf. Praerog cap. 16. fol. 44. Yelding or Yéelding and Paying Reddendo solvendo Is a corruption from the Sax. geldan and gyldan Sulvere praestare And in Domesday Gildare is frequently used for solvere reddere the Saxon g being often mistaken into Y. Yeme Is an ancient corruption of Hieme Winter as I have seen in an old Deed Reddend Ad Festum S. Martini in Yeme c. And in another of 4 Edw. 3. Thus Reddend quando dict quatuor acrae terrae sâ—miaantur somine Yemali duodecim Bussel boni legalis frumenti ad Festum Purificationis c. Yeven or Yeoven as we use at the end of Indentures and other Instruments Yeoven the day and year first above written Is a corruption from the Saxon Geofian i. Dare and is the same with Given So Dictum de Kenelworth concludes with Yeoven and proclaimed in the Castle of Kenelworth the day before the Calends of Nov. Anno 1256. Yeman or Yoman from the Sax. geman i. Communis These Camden in his Britan pag. 105. placeth next in order to Gentleman calling them ingenuos whose opinion the Statute affirms Anno 6 Ric. 2. cap. 4. And 20 Ejusdem cap. 2. Sir Tho. Smith in his Repub. Angl. lib. 1. cap. 23. calls him a Yoman whom our Laws call Legalem hominem which says he is in English a Freeman born that may dispend of his own Free-land in yearly Revenue to the sum of Forty shillings Sterling Verstegan in his restitution of Decayed Intelligence cap. 10. writes That Gemen among the ancient Teutonicks and Gemein among the Modern signifies as much as Common and that the first Letter G. is in this word as in many others turned into Y. and so written Yemen which therefore signifies Commoner Yoman signifies also an officer in the Kings House in the middle place between the Serjeant and the Groom as Yoman of the Chaundry Yoman of the Scallery Anno 33 Hen. 8. cap. 12. Yoman of the Crown Anno 3 Edw 4. cap. 5. The word Yongmen is used for Yomen in the Statute of 33 Hon. 8. cap. 10. And I have seen it written Jeman in old Deeds See Jeman Yingeman LL. Hen. 1. cap. 16. Danagildum quod aliquando Yingeman dabatur i. 12 d. de unaquaque hida per annum si ad terminum non reddatur Wita emendetur The Learned Spelman thinks this may possibly be mistaken for Inglishman or Englishman though he
as well as in other Lords Of which I finde mention in the Statute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy or rather from a more ancient Original viz. The Feodal Laws For in the Grand Custumary cap. 35. you have a Tractat entituled 〈◊〉 aides Chevelz i. De auxiliis capitalibus whereof the first is A faire Paine filz de son seigneur Chevalier i. To make the eldest son Knight The second Son ainee fille marier i. To marry the eldest daughter c. Both these and all charges incident thereunto are taken away and discharged by Statute 12 Car. 2. cap. 24. This word Aid is also particularly used in Matter of Pleading for a Petition made in Court for the calling in of help from another that hath an interest in the Cause in question and is likely to give strength both to the party that prays in Aid of him and also to avoid a prejudice growing toward his own right if not prevented But this course of proceeding is of late much disused Fitz-Herbert mentions both Prier in Ayde and Prier Ayde de Patron c. Auxilium petere à patrono Nat. Br. fol. 50. d. And the New Book of Entries verbo ayde de parcener fol. 411. col 4. The word is also found in 13 Rich. 2. cap. 17. This Ayd-prier or Aid-prayer is sometime also used in the Kings behalf that there be no proceeding against him till his Council be called and heard what they can say for avoiding the Kings prejudice or loss in the cause in hand Also a City or Borough that hath a Fee-Farm of the King may pray in Ayd of him if any thing be demanded of them relating thereto Of this you may read the Statute De Bigamis An. 4 Edw. 1. cap. 1. 2 3. 14 Edw. 3. Stat. 1. cap. 14. 19 Car. 2. cap. 8. Vide Resceit Aile of the Fr. aieul i. avus signifies a Writ that lies where the Grand-father or great Grand-father called by us Besaile but in true French Bisaycul was seised of any Land or Tenement in Fee-simple the day he died and a Stranger abateth or enters the same day and dispossesseth the Heir Fitz. Nat. Br. fol. 222. See Plowden fol. 449. b. Airie of Hawks See Aerie Alba firma Census annalis qui Centenario sive Domino Hundredi penditur Ideo alba dicta quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit hoc est census vel firma nigra sed argento quasi censu albo reddebatur Spelman Duplex est tenura in Com. Westmerland scil una per Albam firmam alia per Cornagium c. 2 Part. Inst fol. 10. Alderman Sax. Ealdorman i. Senior Was among the Saxons as much as Earl among the Danes Camb. Brit. fol. 107. Also an Elder Senator or Statesman At this day we call them Aldermen who are associates to the Civil Magistrate of a City or Town Corporate 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word where you shall finde that we had here anciently a title of Aldermannus totius Angliae Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus totius Angliae Aldermannus hujus sacri Caenohii i. Ramesien miraculosus Fundator Alepiman alepimannus Omnis Alepiman de tota Soca de Hecham debet singulis annis unum Denarium de Chevagio operabitur per tres Dies in antumpno exceptis illis qui ab hac servitute liberi sunt Consuetudinar de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepimannos istos mancipia fuisse Chevagii enim solutio servitutis judicium est Spelman Aler sans jour Fr. Is verbatim to go without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 104 Ale-silver A Rent or Tribute yearly paid to the Lord Major of London by those that sell Ale within the City Antiq. of Purveyance fol. 183. Aletaster Is an Officer appointed in every Court Leet and sworn to look to the Assize and goodness of Bread and Ale or Beer within the Precincts of that Lordship Kitchin fol. 46. where you may see the Form of his Oath Alias vide Capias alias Alien alienare signifies to transfer the property of any thing to another person To Alien in Mortmain is to make over Lands or Tenements to a Religious House or other Body Politick See Mortmain To alien in Fee is to sell the Fee-simple of any Land or Tenements or of any Incorporeal right Westm 2. cap. 25. Anno 13 Edw. 1. Alien alienus One born in a strange Countrey It is usually taken for the contrary to Denizen or a natural subject that is a stranger never here enfranchised Brook Denizen 4 c. Yet a man born out of the Land so it be within the limits of the Kings obedience beyond the Seas or of English Parents out of the Kings obedience so the Parents at the time of the Birth be of such obedience is no Alien in account but a Subject to the King Stat. 2. 25 Edw. 3. commonly called the Statute De natis ultra mare Also if one born out of the Kings alleagiance come and dwell in England his Children begotten here are not Aliens but Denizens See Denizen Alimony alimonia Nourishment maintenance But in a modern legal sence it signifies that portion or allowance which a married Woman sues for upon any occasional separation from her Husband wherein she is not charged with Elopement or Adultery This Alimony was anciently expressed by rationabile estoverium for reasonable maintenance Rex Vic. Bucks salutem Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire qui excommunicatus est eo quod praedictam Emmam affectione maritali non tractat eidem Emmae rationabile estoverium suum invenias donec idem Laurentius vir suue eam tanquam uxorem suam tractaverit ne iteratus clamor ad nos inde perveniat T. 29 Aug. Anno Regni nostri 7. Rot. Claus 7. Hen. p. 1. m 3. Allay Fr. Is used for the temper or mixture of other Metals with Silver or Gold Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is with a baser metal to augment the weight of the Silver or Gold so much as may countervail the Princes charge in the Coyning and to make it the more fusile Anto. Faber de Nummariorum debitorum solutionibus cap. 1. Anno 4 Hen. 7. cap. 2 Allocation allocatio A placing or adding unto also allowance made upon an account used in the Exchequer Allocatione facienda Is a Writ directed to the Lord Treasurer and Barons of the Exchequer upon a Complaint of some Accomptant commanding them to allow him such sums as he hath by vertue of his Office lawfully and reasonably expended Register of Writs fol. 206. b. Allodium See Fee Alluminor
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author