mind cap. 28. where he saith That contracts be some naked and sans garnment and some furnished or to use the literal signification of his word apparelled but a naked Obligation giveth no action but by common assent And therefore it is necessary or needfull that every Obligation be apparelled And an obligation ought to be apparelled with these sive sorts of garnements c. Howbeit I read it generally used for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warn the Court. And reasonable garnishment in the same place is nothing but reasonable warning and again fol. 283. and many other Authors also But this may be well thought a Metonymy of the effect because by the warning of parties to the Court the Court is furnished and adorned Garrantie See Warrantie Garter Garterium cometh of the French Jartiere or Jartier i. periscelis fascia poplitaria It signifieth with us both in divers Statutes and otherwise one especiall Garter being the ensigne of a great and Noble Society of Knights called Knights of the Garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romans Virgil because they were of all others the most excellent This high order as appeareth by M. Camden pag. 211. and many others was first instituted by that famous King Edward the third upon good successe in a skirmish wherin the Kings Garter I know not upon what occasion was used for a token I know that Polydore Virgil casteth in another suspition of the originall But his grounds by his own confession grew from the Vulgar opinion yet as it is I will mention it as I have read it Edward the third King of England after he had obtained many great victories king John of France king James of Scotland being both prisoners in the Tower of London at one time and king Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weighty occasion first erect this order in Anno 1350. viz. He danceing with the Queen and other Ladies of the Court took up a Garter that happened to fall from one of them whereat some of the Lords smiling the king said unto them That ere it were long hee would make that Garter to be of high reputation and shortly after instituted this order of the Blew Garter which every one of the order is bound dayly to wear being richly decked with Gold and precious stones and having these words written or wrought upon it Honi soit qui maly pence which is thus commonly interpreted Evill come to him that evil thinketh But I think it might be better thus Shame take him that thinketh evill See knights of the Garter M. Ferne in his glory of generosity agreeth with M. Camden and expressier setteth down the victories whence this order was occasioned whatsoever cause of beginning it had the order is inferior to none in the world consisting of 26. martial and heroical Nobles whereof the king or England is the chief and the rest be either Nobles of the Realm or Princes of other Countries friends and confederates with this Realm the Honour being such as Emperours and kings of other Nations have desired and thankfully accepted it he that will read more of this let him repair to M. Camden and Polydore and M. Ferne fol. 120. ubi supra The Ceremonies of the chapter proceeding to election of the investures and robes of his installation of his vow with all such other Observations see in M. Segars new book intituled Honour militarie and civill lib. 2. cap. 9. fol. 65. Garter also signifieth the principall kings at Armes among our English Heralds created by king Henry the fifth Stow. pag. 584. Garthman anno 13 R. 2. stat 1. ca. 19. anno 17. ejusd ca. 9. Gavelet is a special and antient kind of Cessavit used in Kent where the custome of Gavell kind continueth whereby the tenent shall forfeit his Lands and tenements to the Lord of whom he holdeth if he withdraw from him his due rents and services The new Expounder of Law Termes whom read more at large I read this word anno 10. Edw. 2 cap. unico where it appeareth to be a Writ used in the Hustings at London And I find by Fleta that it is used in other liberties as the Hustings of Winchester Lincolne York and the Cinque ports lib. 2. cap. 55. in principio Gavelkind is by M. Lamberd in his exposition of Saxon words verbo Terra et scripto compounded of three Saxon words gyfe cal cin omnibus cognatione proximis data But M. Verstegan in his restitution of his decayed intelligence cap. 3. called it Gavelkind quasi give all kind that is give to each child his part It signifieth in our Common law a custome whereby the Land of the Father is equally divided at his death amongst all his Sons or the Land of the Brother equally divided among the Brethren if he have no issue of his own Kitchin fol. 102. This custome is said to be of force in divers places of England but especially in Kent as the said Authour reporteth shewing also the cause why Kentish men rather use this custome than any other Province viz. because it was a composition made between the Conquerour and them after all England beside was conquered that they should enjoy their ancient customes whereof this was one For. M. Camden in his Britannia pag. 239. saith in expresse words thus Cantiani eâ lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque imprimis quam Gavelkind nominant Haec terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint adding more worth the noting viz. Hanc haereditatem cùm quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Hac filii parent thus furti damnatis in id genus fundis succedunt c. This custome in divers Gentlemens lands was altered at their own petition by Act of Parliament anno 31 H. 8. cap. 3. But it appeareth by 18 H. 6. cap. pri that in those dayes there were not above thirty or fourty persons in Kent that held by any other Tenure See the new Terms Gavelet and Gavelkind Gawgeour gaugeator seemeth to come of the French Gawchir i. in gyrum torquere It signifieth with us an Officer of the Kings appointed to examine all Tunnes Hogsheads Pipes Barrels and Tercians of Wine Oil Honey Butter and to give them a mark of allowance before they be sold in any place And because this mark is a circle made with an iron Instrument for that purpose It seemeth that from thence he taketh his name Of this Office you may find many Statutes the first whereof is anno 27 Ed. 3. commonly called the Statute of provision or Purveyours cap. 8. GE Geld signifieth with the
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 2 Hen. 6. cap. 14. he is now called the warden of the Mint whose office see in Mint Master of the Court of Wards and Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 6. cap. 5. Master of the Posts is an Officer of the Kings Court that hath the appointing placing and displacing of all such through England as provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
Officers the staples had belonging to them you may see anno 27 Edw. 3. stat 2. cap. 21. Star-Chamber Camera stellata is a Chamber at Westminster so called as Sir Thomas Smith conjectureth lib. 2. cap. 4. either because it is full of windows or cause at the first all the roof thereof was decked with Images of guilded Stars And the latter reason I take to be the truer because anno 25 Henry 8. capit prim It is written the Sterred Chamber In this Chamber every week twice during the term and the very next day after Term is there a Court held by the Lord Chancellor or Keeper and other honourable personages of the Realm This Court seemeth to have taken beginning from the Statute anno 3. Hen 7. ca. or Whereby it is ordained that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal or two of them calling to them a Bishop and a temporal Lord the Kings most Honourable Councel and the two chief lustices of the Kings Bench and Common place for the time being or other two lustices in their absence should have power to call before them and punish such misdoers as there be mentioned The saults that they punish be Routs Riots Forgerits Maintenances Embraceries Perjuries and such other Mislemeanours as are not sufficiently provided for by the Common law It appeareth both by Sir Thomas Smith li. 2. de Repub. Anglor ca. 4. and by experience also that at this day the whole number of the Princes most honourable Privy Councel and such other Barons spiritual or temporal as be called thither by the Prince have place in this Court with those above named Of this Court thus speaketh Master Gwin in the Preface to his readings It appeareth in our books of the Terms of King Edward 4. And of the Report of Cases hapning under the usurpation of Richard the third that sometime the King and his Councel and sometime the Lord Chancellor and other great personages did use to sit judicially in the place then and yet called the Star-Chamber But for as much as belike that Assembly was not ordinary therefore the next Kings Henry the seventh and his Son Henry 8. took order by two several laws viz. 3 Hen. 7. cap. pri 21 H. 8. ca. 2. That the Chancellor assisted with others there named should have power to hear complaints against Retainours Embraceours Misdemeanours of Officers and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Iudges are not so meet to give correction And because that place was before dedicated to the like service it hath been ever since accordingly used Touching the Officers belonging to this Court see Camden pag. 112. et 113. Statute statutum hath divers significations in our Common law First it signifieth a Decree or Act of Parliament made by the Prince and three Estates which is the body of the whole Realm And though it borrow the name from that kind of Decree which those Cities that were under the Roman Empire made for the particular Government of themselves over and above the universal or common law of the Empire yet in nature it commeth nearest to that which the Romans called Legem for that as that was made by the whole People Noble and Ignoble so this is ordained by those that represent the whole number both of Prince and subjects one and other through the whole Kingdome The difference neverthelesse was this that Lex was offered to the consideration of the People by the Magistrate of the Senate or Consull but the Bills or suggestions whence our Statutes spring are offered by any of either house and so either passed or rejected In this signification a Statute is either general or special Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speech taken for a bond as statute Merchant or statute staple anno 5 H. 4. cap. 12. The reason of which name is because these Bonds are made according to the form statutes expresly and particularly provided for the same which direct both before what Persons and in what manner they ought to be made west parte prim symbol lib. 2. Sect. 151. where he defineth a statute Merchant thus A Statute Merchant is a bond acknowledged before one of the Clarks of the statutes Merchant and Maior or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Maior chief Warden or Master of other Cities or good Towns or other sufficient men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two pieces the grater is kept by the said Maior chief Warden c. and the lesser peece thereof by the said Clarks The form of which bond you may see in Fleta lib. 2. cap. 64. § 2. to be such Noverint universi me N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis c. et nisi fecers concedo quod currant super me et Haeredes meos districtio et poena provis in statuta Domini Regis edito apud Westm Datum London tali die anno supra dicto The fee for the same Seal is for statutes knowledged in Fairs for every pound an half-penny and out of Fairs a fording The execution upon statute Merchant is first to take the body of the Debtor if he be lay and can be found if otherwise then upon his Lands and goods The bond is founded upon the Statute anno 13 Ed. prim stat 4. Of this also as of the Statute staple see the new book of Entries verbo statute Merchant and read in Fleta ubi supra more touching this matter worth the reading Statute staple to use the very words of Master West is either properly so called or improperly A Statute staple properly so called is a Bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same staple for which seal the fee is of every pound if the sum exceed not 100 pound and half peny and if it excced an 100 pound of every pound a farthing And by vertue of such Statute staple the Creditor may forthwith have execution of the body lands and goods of the Debtor and this is founded upon the Statute anno 27 Ed. 3. cap. 9. A Statute staple improper is a bond of Record founded upon the Statute anno 23 H. 8. cap. 6. of the nature of a proper Statute staple as touching the force execution thereof and knowledged before one of the chief Justices and in their absence before the Maior of the Staple and Recorder of London The forms of all these bonds or statutes see in West parte pri symb lib. 2. sect 152 153 154 155. Statutes is also
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
16 R. 2. c. Visâ— Franciplegii is a writ to exempt him from comming to the view of Frankpledge that is not within the Hundred resident For men are bound unto this view by reason of their habitation and not of Lands held where they dwell not Regist. orig fol. 175. Vitteler victualarius commeth of the French victuailes i. commeatus and signifieth with us him that selleth victuals For these there is a writ in Fitzherbert nat brev fol. 172. if they exercise their trade bearing a magistracy in any Town Corporate VM Vmple anno 3 Edw. 4. cap. 5. VN Vncore prist is a plee for the Defendant being sued for a debt due at a day past to save the forfeiture of his bond saying that he tendred the debt at the time and place and that there was none to receive it and that he is now also ready to pay the same 7 Ed. 6. 83. Dyer See Unquest prist Vncuth is a Saxon word signifying as much as incognitus It is used in the antient Saxon laws for him that commeth to an Inne guest-wise and lyeth there for two nights at the most In which case his Host was not bound to answer for any offence that he committed whereof he was guiltlesse himself But if he laid there the third night then he was called guest hospes and then must the Host answer for him as for one of his own family And if he tarried any longer then was he called Agen hine that is to say familiaris Whom if he offend against the Kings peace his Host was to see forth-comming or if he could not bring him out within a month and a day he must satisfie for his offence Lamb. Archaiono fol. 133. num 7. Of this Bracton lib. 3. cap. 10. num 2. writeth thus Item secundum antiquam consuetudinem dici poterit de familia alicujus qui hospitus fuâ—rit cum alio per tres noctes quia primâ nocte poterit dici Vncuth secundâ verò Gust tertiâ nocte Hoghenhine c. This law was made for the better preservation of the Kings peace and to shew in what pledge every man was to be accounted that travelled by the way See Tuainnithes gest Vnite nihil habet is a writ See Dote unde nihil habet Vnder-chamberlain of the Exchequer is an Officer there that cleaveth the Tallies written by the Clerk of the Tallies and readeth the same that the Clerk of the Pel and the Controllers thereof may see their Entries be true He also maketh searches for all Records in the Treasury There be two Officers there of this name Vnderescheatour Subescheatour anno 5 Ed. 3. cap. 4. See Escheatour Vndershyreeve Subvicecomes See Shyreeve Vndersitter is an Inmate See Inmate Vndertakers be such as are employed by Purveyours of the King as their Deputies anno 2 3 Phil. Ma. cap. 6. and such as undertake any great work as drying of Fens c. anno 43 Eliz. cap. 11 Vnderâ—treasurer of England vicethesaurarius Angliae anno 39 Eliz. cap. 7. anno 43 ejusdem Subsidy of the Clergy This Officer as some Exchequer men think was first created in the time of King Henry the seventh to chest up the Kings Treasure at the end of every Term and to note the content of mony in each chest and to see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer as being a thing too mean for him to be troubled with and yet meet to be performed by a man of great secrecy and trust He in the vacancy of of the Lord Treasurers Office doth all things in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the party shall have them at the price or not He appointeth the Steward Cook and Butler for the provision of the Star-chamber But this Officer in other mens judgement is far more antient than Henry the sevenths dayes yet named Treasurer of the Exchequer in the Statutes untill Queen Elizabeths time where he is termed Under-treasurer of England Neverthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 8 Ed. 3. statut 2. cap. 17. 27 ejusdem Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 4. cap. 18. 8 H. 6. cap. 17. 27 H. 8. cap. 11. with divers other places that seem to approve this to be true Vnion unio is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an union Howbeit that there be two other sorts as when one Church is made subject to the other and when one man is made Prelate of both and when a Conventual is made Cathedral as you may read in the Glosse of the Chapter Licet de licato conducto in Lyndwoods Provincials Sect. Eâ—quia versu Appropriationis Touching Union in the first signification there was a statute anno 37 Hen. 8. cap. 21. that it should be lawfull in two Churches 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 Union in this signification is personal and that is for the life of the Incumbent or real that is perpetual whosoever be Incumbent Vnity of possession is called consolidatio usus fructus proprietatis in the Civil law signifying a joynt possession of two rights by several titles For example I take a lease of land from one upon a certain rent afterward I buy the Fee-simple This is an unity of possession whereby the Lease is extinguished by reason that I which had before the occupation only for my rent and become Lord of the same and am to pay my rent to none but my self Also an Abbot being seated within a certain Parish afterward obtaineth an appropriation of the Tithes belonging to that Church for the use of his house Here is an unity of possession by reason that the tythes which before were to be payd to the Incumbent are now to be paid to none but himself by vertue of the appropriation Vniversity Vniversitas is by the Civil law any body politick or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourses of learning and the liberal Sciences Cambridge and Oxford endowed with great favours and privileges for their better maintenance as appeareth not only by anno 2 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd cap. 6. but much more by their several Charters granted unto them by divers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some unlawfull act and abiding still not endeavouring the execution thereof as to assault or beat any person to enter into
life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from Tenents to their Lords as toward the relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd 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 both to give strength to the party that
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto another as to his Lord and also that Attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the Writ termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
lawyers signifying him to whose use any other man is infeoffed in any Lands or Tenements See the new book of entries verbo uses and in Replevin fol. 508. colum 3. verbo Trespas fol. 606. fol. 123. a. b. colum 3. num 7. CH Chafe wax is an Officer in Chauncery that fitteth the wax for the sealing of the Writs such other instruments as are there made to be sent out This Officer is borrowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser i. sectari belluas apros cervos It signifieth two things in the Common Law First as much as actus in the Civil law that is a driving of cattel to or from any place as to chase a distress to a fortlet Old nat br fol. 45. Secondly it is used for a receit for Deer and wild beasts of a middle nature between a Forest and a Park being commonly lesse than a Forest and not endued with so many liberties as the Courts of attachment Swain mote and Justice seat and yet of a larger compas and stored with greater diversity both of keepers and wild beasts or game than a park And Crompton in his book of Jurisdictions fol. 148. saith that a Forest cannot be in the hands of a subject but it forth with loseth the name and becommeth a chase and yet fol. 197. he saith that a subject may be lord and owner of a Forest which though it seem a contrariety yet be both his sayings 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 leeseth the true property of a Forest because that the Courts called the Justice seat the Swain more and Attachment forthwith do vanish none being able to make a Lord chief Justice in Eyr of the Forest but the King as M. Manwood well sheweth parte 2. of his Forest Lawes cap. 3. 4. And yet it may be granted in so large a manner that there may be Attachment and Swainmote and a Court equivalent to a Justice seat as appeareth by him in the same chapter num 3. So that a Chase differeth from a Forest in this because it may be in the hands of a subject which a Forest in his proper true nature cannot and from a Park in that that it is not inclosed hath not onely a larger compasse and more store of game but of Keepers also and Overseers See Forest Chaleâ—ge calumnia cometh of the French chalenger i. sibâ— asserere is used in the Common law for an exception taken either against persons or things persons as in assise to the Jurors or any one or more of them or in a case of felony by the prisoner at the barre Smith de reâ— Angl. lib. 2. cap. 12. Briton cap. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration Old nat br fol. 76. Chalenge made to the Jurors is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not different Terms of the Law Chalenge to the Jurours is also divided into Chalenge principal and Chalenge per cause i. upon cause or reason Challenge principal otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the Law alloweth without cause alleged or farther examination Lamberd Eirena lib. 4. cap. 14. as a prisoner at the barr arraigned upon felonie may peremptorily chalenge to the number of 20. one after another of the Jurie empaneled upon him alleging 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 peremptorie is allowed anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge 35 men c. 27. but that law was abridged by anno 25 H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I observe between Chalenge principal and Chalenge peremptorie finding peremptorie to be used only in matters criminal and barely without cause alledged more than the prisoners own phantasie Stawnf pl. cor fol. 124. but principal in civil actions for the most part and with naming of some such cause of exception as being found true the law alloweth without farther scanning For example if either party say that one of the Jurors is the son brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farther examination of the parties credit And how far this Chalenge upon children reacheth you have a notable example in Plowden casu Vernon against Manners fol. 425. Also in the plee of the death of a man and in every action real as also every action personal where the debt or dammages amount to 40 marks it is a good Chalenge to any man that he cannot dispend 40 shillings by the year of Free-hold anno 11 H. 7. cap. 21. and Terms of the Law verbo Chalenge The ground of this Chalenge you may see farther in Fleta lib. 4. cap. 8. Chalenge upon reason or cause is when the party doth allege some such exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Jurors as for example if the son of the Juror have married or espoused the daughter of the adverse party Terms of the Law ubi supra This Chalenge per cause seemed to be tearmed by Kitchin chalenge for favour fol. â—2 or rather Chalenge for favour is said there to be one species of Chalenge per cause where you may read what chalenges be commonly accounted principal and what not See the new book of Enteries verbo Chalenge and the Old nat br fol. 158. 159. That this word Chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. lib. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him Of Chalenge you may farther read Fleta lib. 1. cap. 32. § Ad quem diem seq Chamberdekins are Irish beggers an 1 H. 5. c. 8. Chamberer is used for a Chamber-maid an 33 H. 8. cap. 21. Chamberlain camerarius vel camberlingus cometh of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly used in our Cbronicles Laws and Statutes as Lord great Chamberlain of England Lord Chamberlain of the Kings house the Kings Chamberlain anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope and to govern the under ministers
anno 35. H. 8. cap. 26. and the County of Litchfield Cromptons Justice of peace fo 59. a. County is in another signification used for the Countie court which the Sheriff keepeth every month within his charge either by himself or his Deputy anno 2. Ed. 6. ca. 25. Crompt Juris f. 221. Bract. li. 3. c. 7. l. 3. tract 2. cap. 12. Of these Counties or Shires one with another there are reckoned in England 37. beside twelve in Wales The word comitatus is also used for a jurisdiction or territory among the Feudists County court curia comitatus by M. Lamberd is otherwise called conventus in his explication of Saxon words divided into two sorts one retaining the geneeal name as the County-court held every moneth by the Shiereve or his Deputy the under Sheriff wherof you may read in Crompt jurisd f. 231. the other called the Turn held twice every year which see more at large in his place and Cromptons Jurisd fol. 231. This County court had in antient times the cognition of these and other great matters as may appear by Glanvile lib. 1. cap. 2.3.4 by Bracton and Britton in divers places and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico It had also and hath the determination of certain trespasses and debts under forty shillings Britton cap. 27 28. what manner of proceeding was of old used in this Court see Fleta ubi supra Coursitour See Cursetour Court curia cometh of the French court which signifieth the Kings Palace or Mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus divided the whole number of the Romans sometime also the Senat-house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curta agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput urbis c. Court with us signifieth diversly as the House where presently the King remaineth with his ordinary retinue and also the place where Justice is judicially ministred of which you find 32 several sâ—rts in M. Cromptons book of Jurisdictions well described And of them most be courts of record some be not and therefore are accounted base Courts in comparison of the rest Beside these also there are Courts Christian Smith de Repnb Anglor lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledg in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope of Rome because he chalenged the superiority in all causes spiritual but sithence his ejection they hold them by the Kings authority virtute magistratus sui as the Admiral of England doth his Court Whereupon it proceedeth that 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 lye to Rome now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie Court baron curia baronis is a Court that every Lord of a manor which in ancient times were called Barons hath within his own precincts Barons in other Nations have great Territories and jurisdiction from their Soveraignes as may be proved out of Cassanaeus de gloria mundi part 5. consideratio 56. by Vincentius de Franchis descis 211. and many others Bu here in England what they be and have been heretofore see in Baron Of this Court Baron you may read your fill in Kitchin that writeth a large Book of it and of a Court Leet Sir Edward Coke in his fourth Book of Reports amongst his Copy-hold cases fol. 26. b. saith that this Court is two after a sort and therefore if a man having a mannor in a Town and do graunt the inheritance of the Copy-holders thereunto belonging unto another this grantee may keep a Court for the customarie Tenants and accept surrenders to the use of others and make both admittances and graunts the other Court is of Free-holders which is properly called the Court Baron wherein the suters that is the Free-holders be Judges whereas of the other the Lord or his Steward is Judge Court of Pypowders See Pie-powders Court of Requests curia requestarum is a Court of equity of the same nature with the Chancerie principally instituted for the help of such petitioners as in conscionable cases deal by supplication with his Majestie This Court as M. Gwin saith in the Preface to his Readings had beginning from Commission first granted by Henry the eighth to the Masters of Requests whereas before that time by his opinion they had no warrant of ordinary jurisdiction but travelled between the King and the Petitioner by direction from the Kings mouth But Sir Julius Caesar in a Tractate of his painfully and very judiciously gathered from the Records of the same Court plainly sheweth that this Court was 9 Henrici septimi though then following the King and not setled in any certain place neither swayed particularly by the Masters of Requests as now it is but more at large by others of the Kings most Honourable Councel whom he pleased to employ in this service For page 148. of the said Tractate you have the form of the oath then ministred to those that were Judges in this Court and à pag. pri usque ad pag. 46. causes of divers natures which in the said Kings dayes were there handled and adjudged This Court as that right honourable and Learned Knight in a Brief of his upon the same Court plainly proveth was and is parcel of the Kings most honoutable Councel and so alwayes called and esteemed The Judges thereof were alwayes of the Kings most Honourable Councel appointed by the King to keep his Councel board The keeping of this Court was never tyed to any place certain but onely where the Counsel sate the suters were to attend But now of late for the ease of suters it hath been kept in the White-Hall at Westminster and onely in Term time It is a Court of Record wherein Recognizances are also taken by the Kings Councel The form of proceeding in this Court was altogether according to the processe of summarie causes in the Civil Law The persons Plaintiffs and Defendants were alwayes either privileged as officers of the Court or their servants or as the Kings servants or as necessary Attendants of them or else where the Plaintiffs poverty or mean estate was not matchable with the wealth or greatnesse of the Defendant or where the cause meerly contained matter of Equity and had no proper remedie at the Common law or where it was specially recommended from the King to the Examination of his Councel or concerned Universities Colleges Hospitals
Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry 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 levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be 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 And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
words Billa vera or disallow by writing Ignoramus such as they doe approve if they touch Life and Death are farther referred to another Jury to be considered of because the case is of such importance but others of lighter moment are upon their allowance without more work fined by the Bench except the party travers the Inditement 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 Jury and in the latter transmitted to the higher Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest a man is said to be indited Such as they disallow are delivered to the Bench by whom they are forthwith cancelled or torn The Petit Iury consisteth of twelve men at the least and are empaneled as well upon criminal as upon civil causes those that passe upon offences of Life and Death doe bring in their verdict either guiltie or not guilty wherupon the Prisoner if he be found guilty is said to be convicted and so afterward receiveth his judgement and condemnation or otherwise is acquitted and set Free Of this read Fortes cap. 27. Those that passe upon civil causes real are all or so many as can conveniently be had of the same Hundred where the land or tenement in question doth lie and four at the least And they upon due examination bring in their verdict either for the Demandant or Tenent Of this see Fortescue cap. 25 26. According unto which judgement passeth afterward 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 Country only to take the verdict of the Jury by the vertue of the writ called Nisi prius and so return it to the Court where the cause is depending See Nisi prius Joyn with this the chapter formerly cited out of the Custumary of Normandie and that of King Etheldreds laws mentioned by Master Lamberd verbo Centuria in his explication of Saxon words And by these two words you shall perceive that as well among these Normans as the Saxous the men of this Jury were Associates and Assistants to the Judges of the Court in a kind of equalitie whereas now adayes they attend them in great humility and are as it were at their command for the service of the Court the words set down by M. Lamberd are these In singulis centuriis comitia sunto atque liberae conditionis viri duodeni aetate superiores un à cum praeposito sacra tenentes juranto se aedeo virum aliquem innocentem hand condemnaturos sontemve absoluturos to this joyn also the 69. chapter of the said Custumary See Enquest See 12. Men. See Lamberds Eirenarch lib. 4. cap. 3. pag. 384. Juris utrùm is a writ that lieth for the incumbent whose predecessour hath alienated his lands or tenements the divers uses of which writ see in Fitzh nat br fol. 48. Jurisdictiou Jurisdictio is a dignity which a man hath by a power to doe Iustice in causes of Complaint made before him And there be two kinds of Jurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his fee The other is a Iurisdiction given by the Prince to a Bayliff this division I have in the Custumary of Normandie cap. 2. which is not unapt for the practice of our Commonwealth for by him whom they call a Bayliff wee may understand all that have commission from the Prince to give judgement in any cause The Civilians divide jurisdictionem generally in imperium jurisdictionem and imperium in merum et mixtum Of which you may read many especiall tractats written of them as a matter of great difficulty and importance Justes cometh of the French Joustes i. decursus and signifieth with us contentions between Martial men by speares on horsback anno 24 H. 8. cap. 13. Justice Justiciarius is a Freneh word and signifieth him that is deputed by the King to doe right by way of judgement the reason why he is called Justice and not Judex is because in ancient time the latine word for him was Justitia and not Justiciarius as appeareth by Glanv lib. 2. cap. 6. Roger Hoveden part poster suorum annalium fo l 413. a. and divers other places which appellation we have from the Normans as appeareth by the Grand Custumary cap. 3. And I doe the rather note it because men of this function should hereby consider that they are or ought to be not Justi in their judgements but in abstract ipsa justitia howbeit I hold it well if they perform their office in concreto Another reason why they are called Justiciari◠with us and not Judices is 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 only excepted who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices of these Justices you have divers sorts in England as you may perceive here following The manner of creating these Justices with other appurtenances read in Fortescue cap. 51. Justice of the Kings bench Justiciarius de Banco Regis is a Lord by his office and the chief of the rest wherefore he is also called Capitalis Justiciarius Angliae his office especially is to hear and determine all plees 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. tractat 2. per totum and in Stawnf treatise intituled The plees of the Crown from the first chapter to the fifty one of the first Book But either it was from the beginning or by time is come to passe that he with his Assistants heareth all personal actions and real also if they be incident to any personal action depending before them See Cromptons jurisd fol. 67. c. Of this Court Bracton lib. 3. ca. 7. nu 2. saith thus Placita vero civilia in rem personam in Curia domini Regis terminanda coram diversis Justiciariis terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet unam propriam sicut aulam regiam justiciariios capitales qui proprias causos Regis terminant aliorum omnium par querelam vel per privilegium sive libertatem ut si sit aliquis qui implacitari non debeat nisi coram domino Rege This Justice as it seemeth hath no patent under the broad Seal For so Cromp. saith ubi supra He is made only by Writ which is a short one to this effect Regina Johanni Popham militi salutem Sciatis
of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel as he thinketh fit for that function Keeper of the Touch anno 2 H. 6. cap. 14. seemeth to be that Officer in the Kings Mint which at this day is termed the Master of the Assay See Mint Keeper of the Forest Custos Forestae is also called Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look in Oath of the King The Kings Oath in English you may see in the old Abridgement of Statutes titulo Sacram. Regis Fourthly the Kings only Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum is an Officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a Sword in the ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction and cognisance of any transgression within the Kings House and Verge as also of Contracts made within the same House whereunto one of the House is a party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
The rest touching this writ see in Fitzh nat brev fol. 75. See Misericordia Modo forma are words of Art in a Process and namely in the answer of the Defendant whereby he denyeth himself to have done the thing laid to his charge modo forma declarata Kitchin fol. 232. It signifieth as much as that clause in the Civil law Negat allegata prout allegantur esse vera Moitie commeth of the French moitiè id est coaequa vel media pars and signifieth the half of any thing Littleton folio 125. Monks Cloths anno 20 Hen. 6. cap. 20. Moniers monetarii Regist orig fol. 262. b. anno 1 Edw. 6. ca. 15. be ministers of the Mint which make and coyn the Kings mony It appeareth by some Antiquity which I have seen that in antient times our Kings of England had Mints in most of the Countries of this Realm And in the Tractate of the Exchequer written by Ockham I find that whereas Sheriffs ordinarily were tyed to pay into the Exchequer the Kings Sterling for such debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any sort of mony so it were silver And the reason is there given because those two Shires monetarios de antiqua institutione non habent Monstrance de droyt is as much as to say as shewing of his right It signifieth in our Common law a sute in Chancery to be restored to Lands or Tenements that indeed be mine in right though they were by some office found to be in possession of another lately dead See Stawnf praerog cap. 21. at large and Broke titulo Petition Of this also read Sir Edward Cokes Reports lib. 4. fo 54. b. c. The Wardens of the Sadlers Case Monstraverunt is a writ that lieth for tenents that hold freely by Charter in antient Demean being destreined for the payment of any toll or imposition contrary to their liberty which they do or should enjoy which se in Fitzh na br f. 14. Moriam is all one in signification with the French morion i. cassis a head-piece which word the Frenchman borroweth from the Italian morione anno 4 5 Phil. Mar. cap. 2. Morling aliâs mortling seemeth to be that wool which is taken from the skin of a dead sheep whether dying of the rot or being killed anno 27 H. 6. c. 2. This is written Morkin an 3 Jac. c. 18. Mort d'ancester See Assise Mortgage mortuum vadium vel mortgagium is compounded of two French words mort id est mors and gage id est pignus merces It signifieth in our Common law a pawn of land or tenement or any thing moveable laid or bound for mony borrowed peremptorily to be the Creditours for ever if the mony be not paid at the day agreed upon And the Creditour holding land or tenement upon this bargain is in the mean time called Tenent in mortgage Of this we read in the grand Customary of Normandy ca. 113. in these words Notandum insuper est quod vadiorum quoddam vivumqu oddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat ut terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis proventibus acquiratur ut terra tradita in vadium pro centum solidis usque tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de ejusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant So you see by both these Books that it is called a dead gage because whatsoever profit it yieldeth yet it redeemeth not it self by yielding such profit except the whole sum borrowed be likewise paid at the day See Skene de verb. significat eodem He that layeth this pawn or gage is called the Mortgager and he that taketh it the Mortgagee West parte 2. symb titulo Fines Sect. 145. This if it contain excessive usury is prohibited anno 37 H. 8. c. 9. Morimain manus mortua is compounded of two French words mort i. mors and main i. manus It signifieth in the Common law an alienation of Lands or Tenements to any Corporation Guild or Fratemity and their Successors as Bishops Parsons Vicars c. which may not be done without licence of the King and the Lord of the Manor The reason of the name proceedeth from this as I conceive it because the services and other profits due for such lands as Escheats c. commeth into a dead hand or into such a hand as holdeth them and is not of power to deliver them or any thing for them back again Magna Charta cap. 36. anno 7 Ed. pri commonly called the Statute of Mortmain and anno 18 Edw. 3. statut 3. cap. 3. anno 15 Rich. 2. cap. 5. Polydor. Virgil in the seventeenth Book of his Chronicles maketh mention of this Law and giveth this reason of the name Et legem hanc manum mortuam vocarunt quòdres semel datae collegiis sacerdotum non utique rursus venderentur velut mortuae hoc est usui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic ut nihil possessionum ordini sacerdotali à quoquam detur nisi Regio permissu But the former Statutes be something abridged by anno 39 Elizabeth cap. 5. by which the gift of land c. to Hospitals is permitted without obtaining of Mortmain Hotoman in his Commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An usus fructus 56. D. de usufr ligat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Judiciis Haec Hotomanus and read the rest Amortizatio est in manum mortuam trar slatio Principis jussu Petrus Belluga in speculo principum fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may read a learned Tractate both of the beginning and nature of this Doctrine To the same effect you may read Cass de consuet Burg. pag. 348 387 1183 1185 1201 1225 1285 1218 1274. M. Skene de verbo signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive univer sitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu Ã
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
proferre est testimonium legalium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is used for a witnesse Idem lib. 4. cap. 16. § final Habes tamen sectam unam vel plures c. Secta ad justiciam faciendam is a service due for a mans fee to be persormed being by his fee bound thereunto Bracton lib. 2. cap. 16. num 6. Secta unica tantum facienda propluribus haereditatibus is a Writ that lyeth for that Heir that is distreined by the Lord to more sutes than one in respect of the Land of divers Heirs descended unto him Register original folio 177. a. Sectis non faciendis is a VVrit that lyeth for one in wardship to be delivered of all sutes of Court during his wardship Register origin fol. 173. b. See other use of this writ eodem fol. 174. touching women that for their Dower ought not to perform sure of Court Secunda superoneratione pasturae is a writ that lyeth where measurement of pasture hath been made and he that first surcharged the common doth again furcharge it the measurement notwithstanding Register original fo 157. Old nat br fol. 73. Secundarie secundarius is the name of an Officer next unto the chief Officer as the Secundary of the fine Office the Secundary of the Counter which is as I take it next to the Shyreeve in London in each of the two Counters Secundary of the Office of the privy seal anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two Secundary to the remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quòd se non divertat ad partes exteras sine licentia Regis is a writ that lyeth for the King against any of his subjects to stay them from going out of his Kingdom The ground whereof is this that every man is bound to serve and defend the Common-wealth as the King shall think meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or danger against him that threateneth taken out of the Chancery to the Shyreeve whereof the form and farder use you may see in the Register orig fo 88. b. and Fitz. nat brev fo 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driven unto that which 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 peril of his own life Which danger ought to be so great as that it appear inevitable As Stawnford saith in his plees of the Crown lib. 1. cap. 7. And if he do justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chanceller and forfeiteth his goods to the King As the said Author saith in the same place Seignior Dominus is borrowed of the French seigneur It signifieth in the general signification as much as Lord but particularly it is used for the Lord of the see or of a Mannor even as Dominus or senior among the Feudists is he who granteth a fee or benefit out of the Land to another And the reason is as Hotoman saith because having granted the use and profit of the land to another yet the property i. Dominium he still reteineth in himself See Hotoman in verbis Feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no mannor and therefore can keep no Court. Fitz. nat br fol. 3. b. See Signorie Seignourage anno 9 H. 5. stat 2. cap. 1. seemeth to be a regality or Prerogative of the King whereby he challengeth allowance of gold and silver brought in the Masse to his Exchange for coyn Seignorie Dominium is borrowed of the French seigneury i. ditio dominatus Imperium principatus potentatus It signifieth peculiarly with us a Manor or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the Title of him that is not Lord by means of any Manor but immediately in his own person as Tenure in capite whereby one holdeth of the King as of his Crown is seignorie in grosse because it is held of the King for the time being and not of the King as of any honour manor c. Kitchtn fol. 206. See Seignior Seisin seisina is borrowed of the French seisine i. possessio and so it signifieth in our Common law and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin Of the French word seisir is made a Latine seisire used by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Civilians Guido Pap. singulo 865. Seisire est etiam possessionem tradere Tiraquellas in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our Common Lawyers is two fold seisin in fact and seisin in Law Perkins Dower 369.370 Seisin in fact is when a corporal possession is taken seisin in Law is when something is done which the Law accounteth a seisin as an Inrollment Seisin in Law is as much as a right to Lands and Tenements though the Owner be by wrong disseised of them Perkins Tenent per le courtesie 457.478 And it seemeth by Ingham that he who hath had an hours possession quietly taken hath seisin de droit de claim whereof no man may disseise him by his own force or subtilty but must be driven to his action § Bref de novel disseisin Sir Edward Cook lib. 4. calleth it seisin in Law or seisin actual fol. 9. a. The Civilians call the one civilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a Writ that lyeth for delivety of seisin to the Lord of his Land or Tenements that formerly was couvicted of felony after the King in the right of his Prerogative hath had the year day and waste Reg. orig fol. 165. a. Selion selio is borowed of the French sello i. terra elata inter duos sulcos in Latine Porca in English a Ridge or land It signifieth even so with us also and is of no certain quantity but sometime containeth half an Acre sometime more and sometime less West parte 2. symbol titulo Recovery sect 3. Therefore Crompton in his jurisdictions fol. 221. saith that a selion of Land cannot be in demand because it is a thing uncertain Seneshall senescallus is a French word but borrowed from Germany being as Tilius saith compounded of Scal i. servus aut officialis and Gesnid i. familia we English it a Steward As the high Seneshall or Steward of England pl. cor fo 152. High Seneshall or steward and South Seneshall or Understeward Kitchin fol. 83. is understood for a steward or understeward
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium 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 differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically
72. the office is as Crompton saith loco allegato properly to look to the vert and to see that it be well maintained Also when any forfeiture is taken in the Forest before the Foresters or other Ministers the price thereof shall be delivered to the Verdour who is to answer for it before the Iustices in Eyr And if he die his heir is chargeable therewith Crompton ibidem The form of his oath at his admittance you may see in Manwoods first part of his Forest laws pag. 51. who there calleth him verderour alià s verdictor You shall truly serve our Soveraign Lord the King in the office of a verderor of the Forest W. you shall to the uttermost of your power and knowledge do for the profit of the King so far as it doth appertain unto you to do You shall preserve and maintain the antient rights and franchises of his Crown you shall not conceal from his Majesty any rights or privileges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shall indeavour your self to manifest and redresse the same and if you cannot do that of your self you shall give knowledge thereof unto the King or unto his Iustice of the Forest You shall deal indifferently with all the Kings liege people you shall execute the laws of the Forest and do equal right and justice as well unto the poor as unto the rich in that appertaineth unto your office you shall not oppress any person by colour thereof for any reward favour or malice All these things you shall to the uttermost of your power observe and keep Their Office is farther expressed eodem pag. 93. which is to sit in the Court of Attachment to see the Attachments of the Forest to receive the same of the Foresters and Woodwards that do present them and then to enter these attachments into their Roles Verdict veredictum is the answer of a Jury or Enquest made upon any cause civil or criminal committed by the Court to their consideration or tryal And this verdict is two-fold either general or especial Stawnf 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 pleadeth No wrong no disseisin Then the issue is this in general whether the fact in question be a wrong or not And this committed to the Iury they upon consideration of their evidence come in and say either for the Plaintiff that it is wrong and disseisin or for the Defendant that it is no wrong no disseisin And again the prisoner at the bar pleading Not guilty the Enquest in like general terms bring in their verdict either for the King Guilty or for the prisoner Not guilty A special verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinion it is proved and for the quality of the fact they pray the discretion 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 Stawnf pl. cor lib. 3. cap. 9. and one or two in Littleton fol. 78. 79. See the new book of Entries verb. Verdict Verge virgata may seem to come from the French verger i. viridarium hortus It is used here in England for the compass about the Kings Court that boundeth the jurisdiction of the Lord Steward of the Kings houshold and of the Coroner of the Kings house and that seemeth to have been twelve miles compass anno 13 Richard 2. Stat. prim cap. 3. Fitzh nat br fol. 24. B. and Briton fol. 68. b. 69. a. and Fletae lib. 2. cap. 2. and Sir Edward Cooks Reports lib. 4. fol. 47. a. For this see the Statute anno 33 Hen. 8. cap. 12. toward the end But Fleta saith that this compass about the Court is called virgatä à virga quam Marishalus portat ut signism suae potestatis lib. 2. cap. 4. sect prim Verge hath also another signification and is used for a stick or rod whereby one is admitted Tenent and holding it in his hand sweareth fealty unto the Lord of a manor who for that cause is called Tenent by the Verge Old nat br fol. 17. Vergers virgatores be such as cary white wands before the Iustices of either bank c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Very Lord and very Tenent verus Dominus et verus Tenens are they that be immediate Lord and Tenent one to the other Brook titulo Hariot fol. 23. In the Old nat br and in the writ Replegiari de averiis fol. 42. I find these words And know ye that in taking of Leases six things are necessary that is to say very Lord and very Tenent Service behind the day of the taking seisin of the services and within his Fee And know yee that a man is not very tenent untill he have atturned to the Lord by some services So that by Brook the very Lord and the very Tenent must be immediate and by this Book there must be an acknowledgement See anno 19 Hen. 7. cap. 15. See Tenent Vert viride is made of the French verd i. viridis and significth with us in the laws of the Forest every thing that doth grow and bear green leaf within the Forest that may cover and hide a Dâ—er Manwood in the second part of his Forest laws fol. 6. a. and fol. 33. b. with whom also Crompton agreeth fol. 170. of his Iurisd And vert as the same Author saith eodem fol. 34. is divided into Over vert and Neather vert Over vert is that which our Lawyers call Hault bois and Neather vert is that which they call South boil And of this you may read him in his second part of Forest laws cap. 6. per totum Where you shall find that he divideth vert into general and special General is as it is above defined Vert special is every tree and bush within the Forest to feed the Deer withall as Pear trees Crab-trees Hauthorns Blackbush and such like And the reason of this name is because the offence of destroying of such vert is more highly punished than of any other according to the quantity thereof codem cap. 6. num 2. fol. 35. a. Vervise otherwise called Plonkets anno 1. R. 3. cap. 8. a kind of cloath Vesses anno 1 R. 3. cap. 8. anno 14 15 H. 8. cap. 11. otherwise called Set cloaths Vesture Vestura is a French word signifying a garment but in the use of our Common law turned metaphorically to betoken a possession or an admittance to a possession So it is taken Westm. 2. cap. 25. anno 13 Ed. prim And
titulo Fines Sect. 156. Warrantia icustodiae is a Writ judicial that lyeth for him that is challenged to be ward unto another in respect of land said to be holden in Knights service which when it was bought by the Ancestors of the Ward was warranted to be free from such thraldome And it lyeth against the warranter and his heirs Regist. judic fol. 36. Warrant of Attorney See Letter of Attorney and Warranty Wardwite significat quietantiam misericordiae in casu qno non invenerit quis hominem ad wardam facteudam in castra vel alibi Fleta lib. 1. cap. 47. Warren Warrenna alià s varrenna commeth of the French Garrenne i. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum duntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attic. ca. 20. A warren as we use it is a prescription or grant from the King to a man of having Feasants Partridges Connies and Hares within certain of his Lands Cromptons Jurisd fol. 148. where he saith that none can have warren but only the King no more than Forest or Chase Because it is a special privilege belonging to the King alone And a little after he hath these words to this effect the King may grant warren to me in mine own lands for Feasants and Patridges only And by this grant no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the fruits of the earth as to eat Corn and pill the bark of Apple trees Master Manwood in his first part of Forest laws saith thus of it a warren is a franchise or privileged place of pleasure only for those beasts and fowles that are beasts and fowles of warren tantùm campestres non sylvestres viz. For such beasts fowls as are altogether belonging to the fields and not unto the woods and for none other beasts or fowles There are but two beasts of warren that is to say Hares and Connies And there are also but two fowles of warren viz. Feasants and Partridges And none other wildbeasts or birds have any firm peace privilege or protection within the warren If any person be found to be an offendor in any such free warren he is to be punished for the same by the course of the Common law and by the Statute anno 21 Edward 3. called the Statute de malefactoribus in parcis chaceis c. For the most part there are no Officers in a warren but the Master of the Game or the Keeper A free warren is sometime inclosed and also the same sometime doth lye open for there is no necessity of inclosing the same as there is of a Park for if a Park is suffered to lye open it ought to be seised into the Kings Kings hands Thus far M. Manwood Warscot is the contribution that was wont to be made towards Armor in the Saxons time In Canutus his Charter of the Forest set out by M. Manwood in the first part of his Forest laws uum 9. you have these words Sint omnes tam primaris quà m madiocres minuti immunes liberi quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus aâ—morum oneribus quod Warscot Angli dicunt et forinsecis querelis Warwis aliâs Wardwit is to be quit of giving mony for keeping of watches New exposition of law terms Wasie vastum commeth of the French gaster i. populari It signifieth diversly in our Common law first a spoil made either in houses woods gardens orchards c. by the tenent for term of life or for term of anothers life or of years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168. c. usque 178. upon this committed the Writ of waste is brought or the recovery of the things wherupon the waste is made See Vastâ— Waste may be also made of tenents or bondmen belonging or regardant to the manor Regist. orig fol. 72. a. et 73. a. See the new book of Entries verbo Waste A waste of the Forest as M. Manwood saith parte prim of his Forest laws pag. 172. is most properly where a man doth cut down his own woods within the Forest without license of the King or of the Lord Chief Justice in Eyr of the Forest But it is also where a man doth plow up his own meadow or Pasture and converteth it unto tillage And of this you may read him at large in his second part cap. 8. num 4 et 5. Waste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and Tenent from one place to another and sometimes for all the Kings Subjectâ— VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that use which others have of it in passing to and fro Upon this none may build or feed or cut down Trees without the Lords license VVaste hath a third signification as year day and waste Annus dies et vastum which is a punishment or forfeiture belonging to petit treason or felony wherof you may read Stawnf pl. cor lib. 3. cap. 30. And see Year Day and Waste Wasters anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches Wastoll bread anno 51 H. 3. statute of br ad and statute of pilory Waterbayliffs seem to be officers in Porttowns for the searching of Ships an 28 H. 6. ca. 5. Watling street is one of the four waies which the Romans are said to â—have made here in England and called them Consulares Praetorias Militares Publicas Master Cambden in his Britannia perswadeth himself that there were more of this sort than four This street is otherwise called Werlam street as the same Author saith and howsoever the Romans might make it and the rest the names be from the Saxons And Roger Hoveden saith it is so called because the Sons of Wethle made it leading from the East sea to the VVest Annal part prior fol. 248. a. This street leadeth from Dover to London and so to Saint Albons and there onward directly toward the North-west through the Land as from Dunstable to Westchester anno 39. El. cap. 2. The second street is called Ikenild street beginning ab Icenis who were the people inhabiting Norfolk Suffolk and Cambridge shire as M. Cambden declareth pag. 345. The third is called Fosse the reason of the name he giveth because he thinketh it was ditched on each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Iâ—munsull i. Mercurii columma Germani majores nostri colueruâ—t Of these read more in the said Author pag. 43 44. In the description of England
THE INTERPRETER OR BOOK CONTAINING The signification of WORDS Wherein is set forth the true meaning of all or the most part of such words and terms as are mentioned in the Law-Writers or Statutes of this victorious and renowned Kingdom requiring any Exposition or Interpretation A Work not only profitable but necessary for such as desire throughly to be instructed in the knowledge of our Laws Statutes or other Antiquities Collected by JOHN COWELL Doctor sometime the Kings Majesties Professor of the Civil Law in the University of Cambridge In Legum obscuritate captio LONDON Printed by F. Leach and are to be sold by Hen. Twyford Tho. Dring and Io. Place 1658. To his Reverend Father in GOD his especial good Lord THE LORD ARCHBISHOP OF CANTERBVRY Primate and Metropolitan of England and one of his MAJESTIES most Honourable Privie Councel AFter long deliberation I hardly induced my self to crave your gracious protection towards this simple work valuing it at so low a price as I think it hardly worth the respect of any grave man much lesse the favourable aspect of so honourable a personage Yet the remembrance of those your Fatherly provocations whereby at my coming to your Grace from the University you first put me upon these studies at the last by a kind of necessity inforced me to this attempt because I could not see how well to avoid it but by adventuring the hatefull note of unthankfulness For I cannot without dissimulation but confesse my self perswaded that this poor Pamphlet may prove profitable to the young Students of both Laws to whose advancement that way I have of late addicted mine endeavours else were I more than mad to offer it to the world and to offer it without mention of him that by occasioning of this good more or less deserveth the prime thanks were to prove my self unworthy of so grave advice And therefore howsoever I account this too much boldness in respect of the subject yet could I be exceedingly glad it might please your Grace to ascribe mine intention to the integrity of my duty For he that meaneth truly well and cannot perform much must needs rejoyce at the good acceptance of that little which he performeth All I crave for this at your Graces hands is patience and pardon for this enterprise with the continuance of those your many favours that hitherto to my great comfort I have enjoyed And so my long observation of your judicious disposition having taught me what small delight you take in affected complements and verbal commendation without more words In all true humblenesse I beseech the Almighty long to continue your Grace in health and prosperity to his glory and the good of his Church Your Graces at all Commandement JO. COWELL To the Readers GENTLE Readers I here offer my self to your censures with no other desire than by you to be admonished of my faults For though I doe professe the amplifying of their works that have gone before me in this kind and have both gathered at home and brought from abroad some ornaments for their better imbellishing of our English Laws yet am I neither so vain as to deny my imperfections nor so passionate as to be offended at your charitable reformations Nay my true end is the advancement of knowledge and therefore have published this poor work not only to impart the good thereof to those young ones that want it but also to draw from the learned the supply of my defects and so by degrees if not my self to finish this model yet at least by the heat of emulation to incense some skilfuller Architect thereunto Yea I shall think my pains sufficiently recompensed if they may be found but worthy to stir up one learned man to amend mine errors The Civilians of other Nations have by their mutual industries raised this kind of work in their profession to an unexpected excellency I have seen many of them that have bestowed very profitable and commendable pains therein And Lastly one Calvinus a Doctor at Heidelberge like a laborious Bee hath gathered from all the former the best juyce of their flowers and made up a hive full of delectable honie And by this example would I gladly incite the learned in our Common Laws and Antiquities of England yet to lend their advice to the gaining of some comfortable lights and prospects towards the beautifying of this antient Palace that hitherto hath been accounted howsoever substantial yet but dark and melancholy Whosoever will charge these my travels with many oversights he shall need no solemn pains to prove them for I will easily confesse them And upon my view taken of this Book sithence the Impression I dare assure them that shall observe most faults therein that I by gleaning after him will gather as many omitted by him as he shall shew committed by me But I learned long sithence out of famous Tully That as no mans errors ought to be followed because he saith some things well so that which a man saith well is not to be rejected because he hath some errors No man no Book is void of imperfections And therefore reprehend who will in Gods name that is with sweetnesse and without reproach So shall he reap hearty thanks at my hands and by true imitation of the most indicious that ever wrote more soundly help on this point of learning to perfection in a few months than I by tossing and tumbling my books at home could possibly have done in many years Experience hath taught me this in my Institutes lately set forth by publishing whereof I have gained the judicious observations of diverse learned Gentlemen upon them which by keeping them private I could never have procured By which means I hope one day to commend them to you again in a more exact purity and so leave them to future times for such acceptance as it shall please God to give them I have is some Towardnesse a Tract De Regulis Juris wherein my intent is by collating the cases of both Laws to shew that they both be raised of one foundation and differ more in language and terms than in substance and therefore were they reduced to one method as they easily might to be attained in a manner with all one pains But my time imparted to these studies being but stoln from mine employments of greater necessity I cannot make the hast I desire or perhaps that the discourse may deserve Wherefore untill my leisure may serve to perform that I intreat you lovingly to accept this One thing I have done in this Book whereof because it may seem strange to some I think to yeeld my reason and that is the inserting not only of words belonging to the art of the Law but of any other also that I thought obscure of what sort soever as Fish Cloath Stices Druggs Furrs and such like For in this I follow the example of our Civilians that have thought it their part to expound any thing they could meet with in
classis as appeareth by Tully in Verrem 7. but his Authority was not continual as the Admirals in these day but only in time of War Neither do I find any such Officer belonging to the Emperors in our Code And M. Gwin in the Preface to his reading is of opinion that this Office in England was not created untill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his Book taking upon him to name all the Courts of Justice maketh no mention of this Court or Magistrate And again Richard the second finding the Admiral to extend his Jurisdictions over far ordained by Statute made the 10 year of his Reign that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies whereby the said Master Gwin conjectureth that he did nought else but reduce him to his original But contrarily to this it appeareth by antient Records the Copies wherof I have seen that not only in the daies of Edward the first but also of King John all causes of Merchants and Mariners and things happening within the Flood-mark were ever tryed before the Lord Admiral Ad jura Regis is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown Of this you may see divers forms upon divers Cases Register orig fo 61. a. Admittendo clerico is a Writ granted to him that hath recovered his right of presentation against the Bishop in the Common-bank the form whereof read in Fitzh nat br fol. 38. and the Register orig fol. 33. a. Admittendo in socium is a Writ for the association of certain Persons to Justices of Assises formerly appointed Register orig fol 206. a. Ad quod damnum is a Writ that lyeth to the Escheater to inquire what hurt it will be to the King or other Person to grant a Fair or Market or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion or other body politick For in that Case the Land so given is said to fall into a dead hand that is Such an estate and condition that the chief Lords do leese all hope of Heriots service of Court and escheats upon any traiterous or felonious Offence committed by the Tenant For a body politick dieth not neither can perform personal service or commit Treason or Felony as a single Person may 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 Granter Of this read more in Fitzh nat brev folio 221. and look Mortmain Ad terminum qui praeteriit is a Writ of Entry that lyeth in case 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 Tenent or other Stranger that occupieth the same and deforceth the Leasour Which Writ belongeth to the Leasour and his Heir also Fitzh nat br fol. 201. Advent adventus is a certain space of time comprising a Month or thereabouts next before the Feast of Christs Nativity Wherein it seemeth that our Ancestors reposed a kind of Reverence for the neerness of that solemn Feast so that all contentions in Law were then remitted for a season Whereupon there was a Statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest it might be lawfull in respect Justice and Charity which ought at all times to be regarded to take Assises of novel disseisin mort d'auncester and darrein presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof unto the end of the Octaves of the Epiphany the solemnizing of Mariages were forbidden by reason of a certain spiritual joy that the Church and so consequently every Member thereof for that time doth or ought to conceive in the remembrance of her Spouse Christ Jesus and so abandon all affections of the flesh See Rogation week and Septuagesima Advocatione decimarum is a Writ that lyeth for the claim of the fourth part or upward of the Tithes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to justifie or maintain an Act formerly done For example one taketh a distress for rent or other thing and he that is distreined sueth a Replevin Now he that took the Distress or to whose use the Distress was taken by another justifying or maintaining the Act is said to avow Terms of the Law Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton useth the Latine word in the same signification as advocatio disseifinae li. 4. cap. 26. And I find in Cassanaeus de consuet Burg. pag. 1210. advohare in the same signification and pag. 1213. the Substantive desavohamentum for a disavowing or refusal to avow Advowzen advocatio signifieth in our Common-law a right to present a benefice as much as jus patronatus in the Canon-law The reason why it is so termed proceedeth from this Because they that originally obtained the right of presenting to any Church were Maintainers and Upholders or great Benefactors to that Church either by building or increasing it and are thereupon termed sometime Patroni sometime Advocati cap. 4. cap. 23. de jure Patronatus in Decretal And advowzen being a bastardly French word is used for the right of presenting as appeareth by the Statute of Westm the second anno 13 Edw. 1. ca. 5. Advowzen is of twosorts advowzen in grosse that is sole or principal not adhering or belonging to any Manor as parcel of the right thereof advowzen dependant which dependeth upon a Manor as appertinent unto it termed of Kitchin an incident that may be separated from the Subject Of this M. John Skene de verbo sig hath these words dicitur advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potiùs cùm aliquis nempe patronus advocat alium jure suo ad Ecclesiam vacantem cumque loco alterius veluti defuncti praesentat quasi exhibet See Advowè next following Advowè alias avowè advocatus is used for him that hath right to present to a benefice Anno 25 Ed. 3. stat 5. ca. unico There have you also Advowe paramount which is as much as the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta l. 5. ca. 14. § 1. Fitzh in his nat br fol. 39. useth it in
himself or his Deputie in places convenient looketh to the Assise of wollen cloth made through the land and to seales for that purpose ordained unto them anno 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for every cloth so sealed in a fee or custom therunto belonging an 17 R. 2. c. 2. Read of this more an 27. Ed. 3. c. 4. an 17. R. 2. c. 2. 5. an 1. H. 4. c. 13. an 7. ejusd c. 10. an 11. ejusd cap. 6. an 13. ejusd ca. 4. an 11. H. 6. ca. 9. an 31. ejusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. ejusdem ca. 1. an 1. R. 3. cap. 8. AM Ambidexter is that jurour or embraceour that taketh of both parties for the giving of his verdict He forfeiteth ten times so much as he taketh anno 38. Edw. 3. cap. 12. Cromptons Juflice of Peace fol. 156. b. Amendment amendatio commeth of the French amendment and signifieth in our common Law a correction of an errour committed in a Processe and espyed before judgement Terms of the law Brook titulo Amendment per totum But if the fault be found after judgement given then is the party that will redresse it driven to his writ of errour Terms of the Law Brok titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the king or other Lord in his court that is found to be in misericordia i. to have offended and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines Kitthin fol. 214. And I have heard common Lawyers say that fines as they are taken for punishments be punishments certain which grow expresly from some Statute and that amerciaments be such as be arbitrably opposed by affeerors This is in some sort confirmed by Kitch f. 78. in these words l'amerciament est affire per pares M. Manwood in his first part of Forest Lawes pag. 166. seemeth to make another difference as if he would inferre an amerciament to be a more easie or more mercifull penaltie and a fine more sharp and grievous Take his words If the pledges for such a trespasse saith he do appear by common summons but not the defendant himself then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himself doe appear and be ready in Court before the Lord Justice in eyr to receive his judgement and to pay his fine But if such pledges do make default in that case the pledges shall be amerced but not fined c. The Author of the new terms of law saith that amerciament is most properly a penaltie assessed by the peers or equals of the partie amercied for an offence done for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal and defineth it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the Kings amercied by Justices for his offence See Misericordia Amoveas maium Look ouster le maine AN An tour waste annus dies vastum Look year day and waste Anealing of tile anno 17. Ed. 4. ca. 4. Annats Annaies seemeth to be all one with first fruits anno 25. H. 8. ca. 20. Look First fruits The reason is because the rate of first fruits payed of spiritual livings is after one years profit Of which Polydore Virgil de inventione rerum lib. 8. cap. 2. saith thus Nullum inventum majores Romano Pontifici cumulavit opes quam annatum qua vocant usus qui omnino multò antiquior est quam recentiores quidam scriptores suspicantur Et annates more suo appellant primos fractus unius anni sacer dotii vacantis aut dimidiam eorum partem Sanè hoc vectigal jam pridem cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet cum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re ut gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic ut Franciscus Zabarellus tradat posthac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse ut eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua massa retinuit ut ne indidem exire possent lege caetera Anniented commeth of the French anneantir i. se abjicere atque prosternere It signifieth with our Lawyers as much as frustrated or brought to nothing Littleton lib. 3. cap. warrantie Annua pensione is a writ whereby the King having due unto him an annual pension from an Abbot or Prior for any of his Chaplaines whom he shall think good to name unto him being as yet unprovided of sufficient living doth demand the same of the said Abbot or Prior for one whose name is comprised in the same writ untill c. and also willeth him for his Chaplaines better assurance to give him his Letters patents for the same Register orig fol. 265 307. Fitz. nat br fol. 231. where you may see the names of all the Abbeys and Priories bound unto this in respect of their Foundation or creation as also the form of the Letters Patents usually granted upon this writ Annuitie annuus reditus signifieth a yearly rent to be paid for term of life or years or in fee and is also used for the Writ that lyeth against a man for the recovery of such a rent either out of his Land or out of his Coffers or to be received of his person at a day certain every year not satisfying it according to the Grant Register Origin fol. 158. Fitzh nat br fol. 152. The Author of the new terms of Law defineth annuitie to be a certain sum of mony granted to another in fee-simple fee-tail for term of life or of years to receive of the Granter or his Heirs so that no Free-hold be charged therewith whereof a man shall never have assise or other action but a Writ of Annuity Saintgerman in his Book intituled The Doctor and Student dialogo primo cap. 3. sheweth divers differences between a Rent and an Annuity wherof the first is That every rent be it rent-charge rent-service or rent-seck is going out of Land but an Annuity goeth not out of any Land but chargeth only the person that is to say the Granter or his Heirs that have Assets by descent or the House if it be granted by a House of Religion to perceive of their Coffers The second difference is that for the recovery of an Annuity no Action lyeth but only the Writ of Annuity against the Granter his Heirs or Successors
the name I take to be this because that whereas Parsons ordinarily be not accounted domini but usufructuarii having no right of fee simple Littleton titu Discontinuance these by reason of their perpetuity are accounted owners of the fee simple and therefore are called proprietarii And before the time of Richard the second it was lawfull as it seemeth simply at the least by mans law to appropriate the whole fruits of a benefice to an Abbey or Priory they finding one to serve the cure But that King made so evill a thing more tolerable by a Law whereby he 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 mony yearly to be 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 R. 2 c. 6. Touching the first institution and other things worth the learning about Appropriations read Plowden in Grendons Case fo 496. b. seq as also the new terms of Law verbo Appropriation To an appropriation after the Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full but if the Church be void the Diocesan and the Patron upon the Kings license may conclude it Plowden ubi supra To dissolve an appropriation it is enough to present a Clerk to the Bishop For that once done the benefice returneth to the former nature Fitz. nat br fol. 35. E. Approvour approbatur commeth of the French approuver i. approbare comprobare calculum albo adjicere It signifieth in our Common law one that confessing felony of himself appealeth or accuseth another one or more to be guilty of the same he is called so because he must prove that which he hath alleged in his appeal Stawnf pl. cor fo 142. And that proof is by battel or by the Country at his election that appealed The form of this accusation you may in part gather by M. Cromptons Justice of Peace fo 250 251. that it is done before the Coroner either assigned unto the felon by the Court to take and record what he saith or els called by the felon himself and required for the good of the Prince and Commonwealth to record that which he saith c. The oath of the Approver when he beginneth the combat see also in Crompton in the very last page of his book as also the Proclamation by the Herald Of the antiquity of this Law you may read something in Horns mirror of Justices lt 1. in fine cap. del Office del Coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approvers of the King Appruatores Regis be such as have the letting of the Kings demesnes in small Mannors to the Kings best advantage anno 51. H. 3. Stat. 5. See Approve Approve appruare commeth of the French approver i. approbare comprobare caleulum albo adjicere it signifieth in the Common law to augment or as it were to examine to the uttermost For example to approve land is to make the best benefit thereof by increasing the rent c. So is the Substantive Approvement used in Cromptons Jurisd fol. 153. for the profits themselves So is it likewise in the Statute of Merton ca. 4. anno 2. H. 3. land newly approved Old nat br fol. 79. So the Sheriffs called themselves the Kings approvers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the Kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approvers But anno 2. Ed. 3. cap. 12. Approvers be certain men especially sent into leveral Counties of the Realm to increase the Farms of Hundreds and Wapentakes which formerly were set at a certain rate to the Sheriffs who likewise demised them to others the County-Court excepted Approvement appruamentum see Approve See the Register judicial fol. 8. br 9 a. See the New terms of Law verbo Approvement AR Arbitratour arbiter may be taken to proceed from either the Latine arbitrator or the French arbitre it signifieth an extraordinary Judge in one or moe Causes between party and party chosen by their mutual consents West parte 2. Symbol titulo Compromise Sect. 21. who likewise divideth arbitrement into general that is including all actions quarrels executions and demands and special which is of one or more matters facts or things specified codem sect 2 3 4. The Civilians make 2 difference between arbitrum arbitratorem li. 76. π. pro socio For though they both ground their power upon the compromise of the parties yet their liberty is divers For arbiter is tyed to proceed and judge according to Law with equity mingled arbitrator is permitted wholly to his own discretion without solemnity of process or course of Judgement to hear or determine the controversie committed unto him so it be juxta arbitrium bont viri Arches court Curia de arcubus is the chief and antientest Consistory that belongeth to the Archbishop of Canterbury for the debating of Spiritual causes and so is called of the Church in London dedicated to the blessed Virgin commonly called Bow-Church where it is kept And the Church is called Bow-Church of the fashion of the Steeple or clocher thereof whose top is raised of stone Pillars builded Arch-wise like so many bent bows The Judge of this Court is termed the Dean of the Arches or the Official of the Arches Court Dean of the Arches because with this officialty is commonly joined a peculiar Jurisdiction of thirteen Parishes in Londor termed a Deanrie being exempted from the authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court is there kept Some others say that he was first called Dean of the Arches because the official to the Archbishop being many times imployed abroad in Ambassages for the King and Realm the Dean of the Arches was his Substitute in his Court and by that means the names became confounded The jurisdiction of this Judge is ordinary and extendeth it self thorow the whole Province of Canterbnry So that upon any Appeal made he forthwith and without any further examination of the Cause sendeth out his Citation to the party appealed and his inhibition to the Judge from whom the Appeal is made Of this he that will may read more in the book intituled De antiquitate Ecclesiae Britan. historiae Arma moluta seem to be sharp weapons that do cut and not blunt that do only break or bruise Bract. lib. 3. tract 2. cap. 23. Stawnf pl. cor fo 78 79 whereof Bracton bath these words arma moluta plagam faciunt sicut gladius hisacuta
agreeth the Statute anno 34 35 H. â— cap. 14. in ipso principio and anno 1 Ed. 6. cap. 12. in these words that then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And again in these words every Woman that is or shall fortune to be Wife of the person so attainted convicted or out-lawed c. To this you may likewise adde the Statute an 2 3 Ed. 6. c. 33. And Ifind by Stawnf pl. cor f. 66. that a Man by our antient Laws was said to be convicted presently upon the verdict guilty but not to be attainted until it appeared he was no clerk or being a Clerk demanded of his Ordinary could not purge himself So that a man was not attainted upon Conviction except he were no Clerk and in one word it appeareth that Attainder is larger than Conviction Conviction being only by the Jury And attainder is not before Judgement Perkins Graunts num 27 29. Yet it appeareth by Stawnf fo 9. that Conviction is called attainder sometime For there he saith that the verdict of the Jury doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3 Edw. 1. This antient Law touching the Conviction and Purgation of Clerks is altered by an 23 Eliz. cap. 2. as you may further read in Clergie Attainder Attinctus though it be most used in matters of Felony or Treason yet it is likewise applied to inferiour transgressions as to Disseisin Westm 1. cap. 36. an 3 Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens commeth of the French attendere i. demorari operiri expectare praestolari it signifieth in our Common law one that oweth a Dutie or Service to another or after a sort dependeth of another For example there is a Lord Mesn and Tenent the Tenent holdeth of the Mesn by a pennie the Mesn holdeth over by two pence The mean releaseth to the Tenent all the right he hath in the Land and the Tenent diâ—â—h His wife shall be endowed of the Land and she shall be attendent to the Heir of the third part of the peny and not of the 3d. part of the two pence For she shall be endowed of the best possession of her husband Another hath Kithin f. 209. in these word where the wife is endowed by the gardian she shall be attendant to the gardian and to the heir at his full age with whom agreeth Perkins also in Dower 424. Atturney atturnatus cometh of the french tourner i. vertere as tourner son esprit a faire quelque chose i. animum adrem aliquam inclinare Thence cometh the participle tourne i. versus conversus and the Substantive tour i. vices vicissitudo as chacun a sontour i. quilibet sua vice It signifieth in our Common law one appointed by another man to do any thing in his stead as much as procurator or syndicus in the Civil law West parte 1. Symbolaogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandment or request to take heed see to and take upon them the charge of other mens businesse in their absence by whom they are commanded or requested And where it seemeth that in ancient time those of authority in Courts had it in their arbitrement whether they would suffer men to appear or sue by any other than themselves as is evident by Fitzh nat br fol. 25. in the writ Dedimus potestatem de atturnato faciendo where it is shewed that men were driven to procure the Kings writs or letters patents to appoint Atturneys for them it is sithence provided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6 Edw. 1. c. 8. anno 27 ejusdem stat 2. anno 12 Edw. 2.1 anno 15 ejusdem cap. unico anno 7 Ric. 2. cap. 14. anno 7 H. 4. cap. 13. anno 3 H. 5. cap. 2. anno 15 Hen. 6. cap. 7. anno 17 H. 7. cap. 2. is to be proved And you may set great diversity of writs in the table of the Regi origen wherein the King by his writ commandeth the Judges to admit of Atturneys Whereby there grew at the last so many unskilfnl Atturneys and so many mischiefes by them that provision for restraining them was requisite Wherefore anno 4 H. cap. 18. it was ordained that the Justrces should examine them and displace the unskilful And again anno 33 H. 6. cap. 7. that there should be but acertain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see Fitzh ubi supra Atturney is either general or special Atturney general is he that by generall authority is appointed to all our affaires or sutes as the Atturney general of the King pl. cor fol. 152. which is as much as Procurator Caesaris was in the Romane Empire Atturney general of the Duke Cromptons jurisd fol. 105. Atturney special or particular is he that is employed in one or more causes particularly specified Atturneys-general be made after two sorts either by the Kings letters patents before him or the Lord Chancellour or by our appointment before Justices in Eyr in open court Glanvile l. 11. c. pri Britton c. 126. whom of this thing you may read more at large There be also in respect of the divers Courts Atturneys at large and Atturnies special longing to this or that Court only The name is borrowed of the Norman as appeareth by the Custumary c. 65. And I find the word Attornaty or as some read Turnati in the same signification in the title de statu regularium ca. unico Sect. Porro in sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta eonstituti Our old Latine word for this seems to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the Defendant as prolocutor is for the Perssewer M. Skene de verb. significatione Responsalis as Sigonius witnesseth in his first book De regno It aliae was in an ancient time the title of the Popes Ambassador Page 11. Atturney of the Court of Wards and Liveries Atturnatus regis in curia Wardorum Liberatur arum is the third office in that Court who must be a person learned in the lawes of the Land being named and assigned by the King At his admission into the office he taketh an oath before the Master of the said Court well and truly to serve the King as his Attorney in all Courts for and concerning any matter or cause that toucheth the possessions and hereditaments limited to the Survey and government of this Court and to procure the Kings profit thereof truly to counsel the King and the Master of the Court in all things concerning the
d 14 b c. See Monstraverunt and Fitzherb fol. 14. and Dessendo quietum de telonio fol. 226. Fleta maketh three tenures holding of the Crown Ancient demeasne by Echeate and by Purchase lib. 1. cap. 2. See Demaine Auncient Demesn arere antiquum dominicum à retro is that auncient demeasn which the King granteth over to hold of a mannor Kitch fol. 67 b. Avowè Advocatus see Advowè Britton saith that Avowè is he to whom the right of Advowzen of any Church appertaineth 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 Gardian that presenteth in the name of his Ward and for a difference also from them which have the lands whereunto an advowzen appertaineth but only for term of their lives or of yeers or by intrusion or Disseisin cap. 29. Avowrie see advowry Avoir du pois is in true French avoir du poix i. habere pondus aut justi esse ponderis It signifieth in our Common law two things first a kinde of weight diverte from that which is called Troy weight containing but twelve ounces to the pound whereas this containeth sixteen And in this respect it may be probably conjectured that it is so called because it is of more weight than the other Then also it signifieth such merchandise as are weighed by this weight and not by Troy weight as in the statute of York anno 9 Edw. 3. in proaem anno 27 Edw. 3. statut 2. cap. 10. anno 2 Rich. 2. cap. 1. See Weights Auxilium ad silium militem faciendum filiam maritandam is a Writ directed to the Sheriff of every County where the King or other Lord hath any Tenents to levy of them reasonable ayde toward the knighting of his son and the marriage of his daughter See Ayde and Fitzh Nat. Brev. fol. 82. B. BA BAcheler bachalaureus cometh of the French bachalier i. tyro and thereupon I think those that be called Bachelers of the companies in London be such of eath company as be springing towards the estate of those that be employed in councel but as yet are inferiors For every company of the twelve consisteth of a Master two Wardens the Livery which are assistants in matters of counsel or at the least such as the assistants be chosen out of and the Bachelers which are yet but in expectance of dignity among them have their function only in attendance upon the Master and Wardens I have read in an old monument this word Bacheler attributed to the Lord Admiral of England if he be under a Baron in French words to this effect And it is to weet that when the Admiral rideth to assemble a ship of war or other for the business and affairs of the realm if he be a Bacheler he shall take for his dayes wages 4 s. sterling if he bean Earl or Baron he shall take wages after the rate of his estate and degree This word is used an 13 R. 2. stat 2. cap. 1 and signifieth as much as Bacheler knight doth anno 3 Ed. 4. cap. 5. that is a simple knight not a knight baneret See Baneret Touching the farther etymologie of this word Bachalarii teste Renano à Bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur jam consecuti fuissent Ut fuerit velut quoddam mancipationis signum in hujusmodi aliquod studium baculi traditto Alciat writeth the word baccalaurei eosque dicit visos à baccâ laureâ nomen sumpsisse in l. cui praecipua 57 π. de verbo signif Backberond is a Saxon word and almost English at this day signifying as much as bearing upon the back or about a man Bracton useth it for a signe or circumstance of manifest theft which the Civilians call Furtum manifestum For dividing Furtum in manifestum non manifestum he defineth furtum manifestum in this sort Furtum verò manifestū est ubi latro deprehensus est seisitus de aliquo latrocinio sc haud habend backberend insecutus fuerit per aliquem cujus res illa fuerit lib. 3. tract 2. cap. 32. Master Manwood in the second part of his Forest laws noteth 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 saith he taken with the manner is when one is found in the kings forest in any of these four degrees sc Stable stand Dog draw Back bear and Bloody hand In which place you may find all these interpreted Badger cometh of the French bagage i. sarcina impedimentum It signifieth with us one that buyeth corn or victuals in one place and carrieth it into another See Cromptons Justice of Peace f. 69 70. Baye or Penne is a Pond head made up of a great height to keep in a great quantity or store of water so that the wheels of the furnace or hammer belonging to an iron mill may stand under them and be driven by the water coming out of them by a passage or floud-gate called the Penstock and falling upon the said wheels This word is mentioned in the statute an 27 Elizab. cap. 19. Bayl ballium plevina manucaptio commeth of the French bailler i. attribuere tradere tribuere It is used in our Common law properly for the freeing or setting at liberty of one arrested or imprisoned upon action either civil or criminal under surety taken for his appearance at a day and place certainely assigned Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bayl is because by this means the party restrained is delivred into the hands of those that binde themselves for his forth-coming There is both common special bayl Common bayl is in actions of small pre judice or slight proof being called common because any Sureties in that case are taken wheras upon causes of greater weight or apparent specialty special bayl or surety must be taken as Subsidy-men at the least and they according to the value Master Manwood in his first part of Forest lawes pag. 167. maketh a great difference between Bayland Mainprise in these words and note that there is a great diversity between bayle and mainprise For he that is mainprised is alwayes sayd to be at large to go at his own liberty out of ward after that he is let to mainprise until the day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle by four or two men by the Lord chief Justice in the Eyre of the forest until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in ward or in
called bannimertum which was aunelently tearmed depertatlo if it were perpetual or religatio in insulam if for a time Vincentius de Franchis Petrus de Bellug a in suo speculo fol. 125. num 4. Barbaries Oxycantha is a thornie shrub known to most men to bear a berry or frâ—â—t of a sharp taste These berries as also the leaves of the said tree be medicinable as Goard in his Herbal sheweth lib. 3. cap. 21. You find them mentioned among Drugges to be garbled Anno 1 Jacob. cap. 9. Bargain and sale as it seemeth by Westpart 1. symb lib. 2. sect 436 is properly acontract made of mannors lands renements hereditaments other things transferring the property thereof from the bargainer to the bargainee But the Author of the new terms of Law addeth that it ought to be for money saying farther that this is a good contract for Land c. and that Fee-simple passeth thereby though it be not said in the deed To have and to hold the land to him and to his heire and though there be no liverie and selfin made by the seller so it be by deed intended sealed and enrolled either in the County where the land lyeth or within one of the Kings Courts of Records at Westminster within six moneths after the date of the Deed intended an 27 H. 8. cap. 16. Barkarie Barkaria is a heath house New book of Entries titulo Assise corp poliâ— 2. Some call it a Tan-house Baron Barao is a French word and hath divers fignifications here in England First it is taken for a degree of Nobility next unto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this fignification it is borrowed from other Nations with whom Baroniae be as much as Provinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as have the government of Provinces as their Fee holden of the King fome having greater some lesser authority within their territories as appeareth by Vincentius de Franobis in divers of his disceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call Court-barons as they be at this day called Seigneurs in France that have any such Mannor or Lordship Yea I have heard by men very learned in our Antiquities that neer after the Conquest all such came to the Parliament and sate as Nobles in the upper-house But when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custome that none should come but such as the King for their extraordinary wisedome or quality thought good to call by Writ which Writ ran hac vice tantùm After that again men feeing this estate of Nobility to be but casual and to depend meerely upon the Prineâ—s pleasure they sought a more certain hold and obtained of the King letters patents of this dignity to them and their heires male And these were called Barons by letters patents or by creation whose postority be now by inhefitance and true delcent of Nobility those Barons that be called Lords of the Barliament of which kind the King may create more at his pleasure It is thought neverthelesse that there are yet Barons by writ as well as Barons by letters patents and that they may be discerned by their titles because the Barons by writare those that to the title of Lord have their own surnames annexed as Crompton North Norice c. whereas the Barons by letters patents are named by their Barronies These Barons which were first by writ may now justly also be called Barons by prescription for that they have continued Barons in themselves and their auncestors came beyond the memory of man The original of Barons by writ Master Camden in his Britaunia Pag. 109. in meo referreth to Henry the third Barons by letters patents or creation as I have heard among our Antiquaries were first created about the days of Henry the sixth the manner of whose creation read in Master Stows Annals pag. 1121. Of all these you may also read Mast Ferns glory of Generofity pa. 125. 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. dâ—â—â—pub Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by year or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour civill and militariy addeth a â—ird kind of baron calling them Barons by conure and those be the Bishops of the land all which by vertue of Baronies annexed to their Bishopricks have alwaies had place in the upper house of Parliament and are termed by the name of Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer be to the King of which the principal is called Lord chief Baron capitalis Baro and the three other for so many there be are his Assistants in causes of Justice between the King and his subjects touching causes appertaining to the Exchequer The Lord chief Baron at this day is the chief Judge of the Court and in matter of Law Information and Plea answereth the Barr and giveth order for judgement thereupon He alone in the Term time doth sit upon Nist 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 taketh recognisancea for the Kings debts for appearances and observing of orders He taketh the presentation of all the officers in Court under himself and of the Maior of London and seeth the Kings Remembrancer to give them their oaths He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires He giveth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chief Baron answereth the Barr in matters aforesaid he also taketh recognisances for the Kings debts apparences and observing of orders He giveth yearly the oath to the late Maior and Escheatour of London for the true account of the profits of his office He taketh a declaration of certain receivers accounts He also examineth the letters and sums of such Sheriffs forrain accounts as also the accounts of Escheatours and Collectours of subsidies and Fifteens as are brought unto him by the Auditors of the Court. The third Baron in the absence of the other two answereth the barr in matters aforesaid he also taketh recognisances as aforesaid He giveth yearly the oath of the late Major and Gawger of London for his true accounting He also taketh a declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him The fourth Baron is alwayes a
Coursetour of the court and hath been chosen of some one of he clerks in the remembrancers offices or of the clerk of the Pipes office He at the days of prefixion taketh oath of all high Sheriffs and their under Sheriffs and of all Escheatours Bayliffs and other accountants for their true accounting He taketh the oath of all Collectours Controllers Surveyours 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 He informeth the rest of the Barons of the course of the Court in any matter that concerneth the Kings Prerogrative He likewise as the other Barons taketh the declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him These Barons of the exchequer are antient officers for I find them named West 2. c. 11. an 13 Ed. 1. they be called Barons because Barons of the realm were wont to be employed in that office Fleta li. 2. c. 24. S. Tho. Smith saith of them that their office is to look to the accounts of the Prince and to that end they have Auditors under them as also to decide all causes appertaning to the Kings profits coming into the Exchequer by any means This is in part also proved by the Stat. an 20. Ed. 3. ca. 2. anno 27 ejusd stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. et anno 14. ejusd ca. 11. And hereupon they be of late men learned in the Common Law of the Realm whereas in autient times they were others viz. majores et discretiores in regno sive de clero essent sive de curia Ockam in his lucubrations de fisci regii ratione Horn. in his mirrour of Justices saith that Barons were wont to be two and they Knights cap. De la place del Eschequer Then be there in this signification Barons of the Cinque Ports anno 31 Ed. 3. stat 2. cap. 2. an 33 H. 8. cap. 10. which are two of every of the seven towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich that have places in the lower-house of Parliament Cromptons jurisd fol. 28. Baron in the third signification is used for the husband in relation to his wife which is so ordinary in all our law-writers that write in French as it were superfluous to confirm it by any one Baronet I read this word anno 13 R. 2. stat 2. cap. 1. But I hold it falsly printed for Baneret or else to signifie all one with it Baronye baronia baronagium is the fee of a Baron In which account are not onely the fees of Temporal Barons but of Bishops also who have two respects One â—s they are Spiritual men without possessions as was the Tribe of Levie among the Israelites being susteined by the onely First fruits and Tenths of the other Tribes Josh cap. 13. vers 14. The other respect they have groweth from the bounty of our English Kings whereby they have Baronies at the least and are thereby Barons or Lords of the Parâ—iament This Baronie as Bracton saith lib. 2. cap. 34. is a right indivisible and therefore if an inheritance be to be divided among Co-parteners Though some capital messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he faith they may not be parcelled The reason is ne sic caput per pluâ—es particulas dividatur plura jura comitatuum baroniarium deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baroniis dicitur esse constitutuÌ„ Barre Barra commeth of the French barre or barriere i. repagulum obex vectis It is used in our Common law for a peremptory exception against a Demand or plaint and is by the Author of the terms of Law defined to be a Plee brought by the Defendant in an Action that destroyeth the Action of the Plaintiff for ever It is divided into a Barre to common intent and a Barre scecial A Barre to a common intendment is an ordinary or general Barre that ordinarily disableth the Declaration or Plee of the Plaintiff A Barre special is that which is more than ordinary and falleth out in the case in hand or question upon some special circumstance of the fact Plowden casu Colthirst fol. 26. a.b. For example an Executor being sued for his Testators debt pleadeth that he had no goods left in his hands at the day when the Writ was purchased or taken out against him This is a good barre to common intendment or prima facie But yet the case may so fall out that more goods might come to his hands sithence that time which if the Plaintiff can shew by way of replication then except he have a more especial plee or barre to allege he is to be condemned in the action See also Plowden in the case aforenamed fol. 28. a. b. and Broke tâ—â—ulâ— Barre num 101. and Kitchin fol. 215. Barre also in the same signification is divided into barre material and barre at large Kitchin fol. 68. A barre material as it seemeth may otherwise be called a barre special as when one in the stop of the Plaintiffes Action pleadeth some particular matter as a descent from him that was the undoubted owner a Feoffment made by the Ancester of the Plaintiff or such like A bar at large is when the Tenent or Defendant by way of exception doth not traverse the Plaintiffs title by pleading not guilty nor confe ie and avoid it but onely maketh to himself a title in his barre As if in an Assise of novel disseisin the Tenent plead a Feoffment of a stranger unto him and gives but a colour onely to the Plaintiff Of this there is an apt example to be found 5 H. 7. fol. 29. Barre is also in regard of the effect divided into barre perpetual and barre pro tempore Perpetual is that which overthroweth the action for ever Barre pro tempore is that which is good for the present and may fail hereafter look an example or two in Broke titu Barre nu 23. where he saith that to plead plenè administravit is good until it may appear that more goods come to the Executors hands afterward which also holdeth for an heir that in an action of his Ancesters debt pleadeth rien per discent This word is also used for a material bar as the place where Sergeants or Councellers stand to plead causes in Court or Prisoners to answer to their Indictment Of which our Common lawyers that be licensed to plead in other Countries called licentiati are termed Baristers anno 24 H. 8. cap. 24. Barrator barectator cometh from the French Barat i. astutia and is neer the French it self in signification For barateur in that tongue betokeneth a deceiver and a barator in our Common law is a common wrangler that setteth men at ods and is
as l. ult Cod. de conveniendis fisci debitoribus l. 10. tit 2. you have these words Inter chartul as confiscati brevis quidam adseveratur inventus qui nomina continebat debitorum Where it it is used for a short note Again I find a title restored by Gothofred in the first book of the Code de quadrimenstruis brevibus Quadrimenstruâ— autem breves erant qui de singulis indictionum pensionibus quarto quoque mense solutis conficiebantur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorio retulisset c. And in the Authenticks Novel 105. cap. 2. you have this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Gothofred there noteth Where he noteth likewise out of Zonacas in Carthagin Concilio that this is a Greek word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breve Of these briefs see also Bracton l. 5. tract 5. c. 17. num 2. Breve quidem cùm sit formatum ad similitudinem regulae juris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula juris rem quae est breviter enarrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the French brigandine that is a coat of mail This is used anno 4. 5. Ph. Mar. cap. 2. Brigbote significat quietantiam reparationis pontium Fleta lib. 1. cap. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that lived in the dayes of K. Edward the first at whose commandement and by whose authority he writ a learned book of the law of this realm The tenure whereof runneth in the Kings name as if it had been penned by himself answerably to the institutions which Justinian assumeth to himself though composed by others Stawnf praero f. 6. 21. S. Eaward Coke saith that this Britton writ his book in the fiftieth year of the said Kings raign lib. 4. fol. 126. a. lib. 6. fo 67. a. M. Guin in the Preface to his reading mentioneth that this John Britton was Bishop of Hereford Broke commonly called S. Robert Broke was a great Lawyer and Lord chief Justice of the Common plees in Queen Maries time Cromptons Justice of peace f. 22. b. he made an abridgment of the whole law a book of high account Broker brocarius seemeth to come from the French broicur i. tritor that is a grinder or breaker into small pieces Because he that is of that trade to deal in matters of money and marchandise between English men and Strangers doth draw the bargain to particulars and the parties to conclusion not forgetting to grinde out something to his own profit These men be called broggers anno 10 R. 2. cap. 1. It may not improbably be said that this word cometh from brocarder i. cavallari because these kind of men by their deceitful speeches and abusing their true trade many times inveigle others In Scotland they be called broccarii and in their own idiome blockers or brockers that is mediators or intercessors in any transaction paction or contract as in buying or selling or in contracting mariage Skene de de verbo sig verbo broccarii He that will know what these brokers were wont and ought to be let him read the statute anno 1 Jacobi ca. 21. These in the Civil law are called proxeneti as also of some licitatores mediatores tit de proxeneticit in Digestis This kind of dealer is also of the Romanes called pararius Sencca l. 2. de benef ca. 22. Caelius Rhodoginus libro 6. c. 32. li. 3. cap. 15. Broderers cometh of the French brodeur and that cometh of bordure i fimbria limbus the edge or hemme of a garment And that because it is distinguished from the rest most commonly by some conceited or costly work he that worketh it is called brodeur in French and broderer or embroderer with us Brodehalpeny commeth of the three Saxon words bret or bred i. a boord and halve that is for this or that cause cujus rei gratia as the Latinists speak and penning it signifieth a tolle or custome for setting up of tables or boords in a Fair or Market From the which they that are freed by the Kings Charter had this word mentioned in their letters patents Insomuch as at this day the freedom it self for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatic It signifieth with us a tribute contribution or ayde toward the mending or reedifying of Briâ—ges whereof many are freed by the Kings Charter And thereupon the word is used for the very liberty or exemption from this tribute See Pontage and Brigbote BU Bull bulla seemeth to come from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polydorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the letters by the Canonists called Apostolick strengthened with a leaden seal and containing in them the decrees or commandments of the Pope or Bishop of Rome The word is used many times in our Statutes as anno 28 H. 8. cap. 16. anno 1. and 2. Ph. Ma. cap. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with us gold or silver in masse or billet anno 9 Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whither such gold in the lump is brought to be tryed or exchanged anno 27 Ed. 3. stat 2. cap. 14. anno 4 H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burgbote cometh of burg i. castellum and bote 1. compensatio and signifieth a tribute or contribution toward the building or repairing of Castles or walls of defence or toward the building of a Borrow or City From this divers had exemption by the ancient Charters of the Saxon Kings Whereupon it is taken ordinarily for the exemption or liberty it self Rastals expos of words Fleta hath these words of it Significat quietantiam reparationis murorum civitatis vel burgi lib. 1. c. 47. Burg English See Borow English Burgage burgagium is a tenure proper to Cities and Towns whereby men of Cities or Borows hold their lands or tenements of the King or other Lord for a certain yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. num 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our Common law thus defined Burglary is a felonious entring into another
until he content the King for his fine Coke lib. 3. fol. 12. a. Capias utlagatum is a word of execution or after judgement which lyeth against him that is outlawed upon any sure by the which the Sheriff upon the receipt thereof apprehendeth the party outlawed for not appearing upon the exigend and keepeth him in safe custodie until the day of return assigned in the writ and then presenteth him unto the Court there farther to be ordered for his contempt Capias utlagatum inquir as de bonis catallis is a writ all one with the former but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body to inquire of his goods and cattels The form of all these writs see in the Old nat br fol. 154. and see the Terms of law verbo Proces Lastly you may find great variety of this kind in the table of the Register judiciall verbo Capias Capias in Wiâ—hernamium de averiis is a Writ lying for Cattel in Withernam Register orig f. 82. 83. see Withernam Capias in Withernamium de bemine is a writ that lieth for a servant in Withernam Register onig f. 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking up of such as having received prest money to serve the King slink away and come not in at their time assigned Register orig fo 191. Captain aliâs capitayne capitaneus commeth of the French capitaine and signifieth with us him that leadeth or hath charge of a company of Souldiers and is either generall as he that hath the governance of the whole host or speciall as he that leadeth one only band The word capitanei in other nations signifieth more generally those that are in Latine called principes or proceres because as Hotteman saith in verbis feudalibus tanquam caput reliquo corpori sic hii reliquis civibus praesunt He divideth them into two sorts and to use his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguntur l. 1. feud tit 1. § 1. ti 7. Alii impropriè qui urbium praefecti sunt quibus plebs ab liquo superiorum gubernanda committitur qui vallasoâ—es rigit majores appellantur l. feud tit 1. § 1. tit 7. et tit 17. So we have captaines of Castles here in England and other places as of the Isles of Gersay and Gernsey of the Isle of Wight c. Capite is a tenute which holdeth imâ— ediately of the King as of his crown be it by Knights service or socage Broke tet tenures 46. 94. Dyer fo 123. nu 38. et fo 363. nu 18. and not as of any Honour Castle or Mannor therefore it is otherwise called a tenure that holdeth meerely of the King because as the crown is a corporation and seigneurie in grosse as the Common lawyers term it so the King that possesseth the crown is in account of law perpetually King and never in his minority nor never dieth no more than populus doth whose authoritie he beareth See Fitzh nat br f. 5. F. Note by the way that a man may hold of the King and not in Capite that is not immediately of the crown in grosse but by means of some Honour Castle or Mannor belonging to the Crown whereof I hold my land Wherof Kitchin saith wel that a man may hold of the King by Knights service and yet not in capite because he holdeth happily of some honour by Knights service which is in the Kings hands as by descent from his ancestors not immediatly of the King as of his crown f. 129. with whom agreeth Fitzh nat or f. 5. K. whose words are to this effect So that it plainly appeareth that lands which be held of the King as of an Honour Castle or Mannor are not held in capite of the King because that a writ of right in that case shall be directed to the Bailiff of the Honour Castle or manor c. but when the lands be held of the King as of his Crown then they be not held of Honour Castle or Mannor but meerly of the King as King and of the Kings Crown as of a seigneury of it self in gross the chief above all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. nu 37. Author of the new Terms ver Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hold of the person of the King and not in capite His example is this If the King purchase a mannor that I. S. holdeth the Tenent shall hold as he held before and shall not render livery or primeiâ— seisin nor hold in capite And if the King grant that mannor to W. N. in fee excepting the services of I. S. then I. S. holdeth of the King as of the person of the King and yet holdeth not in capite but as he held before So that by this Book tenure holding of the person of the King and tenure in capite are two divers tenures To take away this difficulty I think M. Kitchin is in that place to be taken as if he said not in capite by Knights service but by socage following 〈◊〉 usuall speech because most commonly where wee talk of tenure in capite wee mean tenure by knights service Carno Cromptons jurisd fol. 191. is an immunitie Carke seemeth to be a quantity of Wool whereof thirty make a Sarpler anno 27 H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a ship of burthen so called of this Italian carrico or carco a burthen or charge or the Spanish cargo you have this word anno 2 R. 2. ca. 4. anno 1 Ja. ca. 33. Carroway seeds alià s Carruway seeds semen cari vel carei is a Seed springing of the herb so called of whose operation you may read in Gerards Herball li. 2. cap. 396. It is reckoned among the Merchandise that ought to be garbled anno 1 Jaco ca. 19. Carue of land carrucata terrae commeth of the French charue i. aratrum and with us is a certain quantity of land by the which the Subjects have sometime been taxed whereupon the tribute so levied is called Caruago Caruagium Bracton li. 2. cap. 16. nu 8. It is all one with that which the same Author lib. 2. cap. 17. calleth carucatam terrae For Littleton ca. Teuure in socage saith that haec soca socae idem est quod caruca sc one soke or one plow land Yet one place I find in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time King Henry took caruage that is to say two marks of silver of every Knights fee toward the marriage of his sister Izabell to the Emperour where caruage cannot be taken for a Plow land
Officers and usages be For of this thus writeth Boerius in his tract De authorit Magni Consilii nu 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum judicii tribunal hoc in regno sub Principe tamen nostro moder anti sigillum â— authenticum quo sine publicis patentibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Justiciarii quocunque nomine nuncupontur ac quavis authoritate fung antur co inferiores sant Et meritò Succedit enim in quaestoris locnm c. He that beareth this Magistracie is called the Chancellor of England anno 7 R. 2. c. 14. and by the Statute anno 5 Eliz. cap. 18. the Lord Chancellor and Keeper have all one power Nore farther that divers inferior Officers are called Chancellors as Chancellor of the Exchequer anno 25 H. 8. cap. 16. whose office hath been thought by many to have been created for the qualifying of extremities in the Exchequer He fâ—teth in the Court and in the Exchequer chamber and with the rest of the Court ordereth things to the Kings best benefit he is alwayes in commission with the Lord Treasurer for the letting of the Lands that came to the Crown by the dissolution of Abbeyes and hath by privie seal from the King power with others to compound for forfeitures of honds and forfeitures upon penal statutes He hath also much to do in the revenue come by the dissolution and first fruits as appeareth by the acts of uniting them to the Crown Chanchellor of the Dutchie of Lancaster anno 3 Ed. 6. cap. 1. anno 5 ejusdem cap. 26. whose office is principal in that Court to judge and determine all controversies between the King and his Tenents of the Dutchie land and otherwise to direct all the Kings affaires belonging to that Court. Chancellor of the Order i. of the Garter Stowes annals pag. 706. Chancellor of the University anno 9 H. 5. cap. 8. anno 2 H. 6. cap. 8. Chancellor of the Court of Augmentations anno 27 H. 8. cap. 27. anno 32. ejusdem cap. 20. anno 33. ejusdem cap. 39. Chancellor of the nâ—â—t truits anno 32 H. 8. cap. 45. Chancellor of Courts anno 32 H. 8. cap. 28. Chancellor of the Diocesse anno 32 H. 8. cap. 15. Chancerie Cancellaria is the Court of equity and conscience moderating the rigour of other Courts that are most straightly tyed to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Cromptons jurisd fol. 41. or else the Lord Keeper of the great Seal sithence the statute 4 Eliz. cap. 18. It taketh the name from the Chancellor as M. Cambden noteth in his Britannia pag. 114. in meo The Officers belonging to this Court are as is abovesaid the Chancellor or Keeper of the broad Seal twelve Masters of the Chancery whereof the Master of the Rolls is one and the chief the six Clerks the Examiners a Sergeant at Armes the Marshall and Crier of the Court the Clerks of the courts otherwise called Courseters the Clerks of the Pettie bagge the Clerk of the Crown the Clerk of the hanapar the protonotary or register the controller of the hanaper the Clerk of appeals the Sealer the Chafe-wax the Clerk of the faculties the Clerk of the patents Clerk of the statre chamber Clerk of presentations Clerk of dismission Clerck of licenses to alienate Clerks of the enrollements Clerk of the protections Clerk of the court of wards Clerk of the subpenaes which lee described in their places Chapel Capella cometh of the French chapelle i. aedicnla and is of two sorts either adjoyning to a Church as a parcel of the same which men of worth do build ut ibidem familiaria sepalchra sibi constituant to the use of the Romanes l. 5. Ï€. de religio or else separate from the mother Church where the Parish is wide and is commonly called a Chapel of ease because it is builded for the ease of one or more Parishioners that dwell over farre from the Church and is served by some inferior Curate provided at the charge of the Rector or of them that have benefit by it as the composition or custome is Whence the word is derived the Caronists differ in opinion Rebuffus de pacif possess num 104. saying that some take it à capiendo l. icos others à capra because it representeth those cottages which men wore wont to cover over with Goats skins Petrus Gregorius in suo syntagmate lib. 15. cap. 29. hath these words of this thing Capellanus a capella is capella cui praeficitur nominatur item ab officio sen bene ficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens landem vel secundùm praepositum à cappa Divi Martini aut à caprinis pellibus quibus olim altaria tegebaâ—tur secundùm Archidiacanum Arbitrarer à simplici tecto quo oratorium campestre operitur laeteribus undiquaque patentibus patulis Tectum enim Gallis simpliciter dicitur chapelle à capite Under formata aliqua aomina chape in cape c. Aut capella locus qui minor is spatii sit quà m ecclesia quod tot homines non capiat ut ecclesia Ita altare eapella est ca. quaesitum c. penult i. quaest 3. Jahan Aâ—draeas in cap. 1. de succes ab intesta praebenda cum onere quotidie celebrandi sacram lâ—turgiam ca. significatum 11. de praebend or atorium ca. authoritate de privilegiis in 6. quòd in eo loco orationes non aliae res profanae peragi debeant ca. pen. fina 42. distinct The same author in his book de beneficiis cap. 11. nu 10. hath these words Dâ—cti porrò primi tùs cappellant à cappa Sancti Martini quam Reges Francorum ob adjuratorium in praeliis solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquiis clerici capellani caeperunt vocari ut omnia refert Valafridus Strabo Abbas Augensis ca. fina de incrementis rerum ecclesiastica There is of these chapels one kind called a fâ—ee chapel which seemeth to be such as hath maintenance perpetual toward the upholding thereof and wages of the curate by some lands charitably bestowed on it without the charge of the Rector or Parish anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Chapellain capellanus is he that performeth divine service in a chapel and therefore in our Common law it iâ— used most ordinarily for him that is depending upon the king or other man of worth for the instruction of him and his family the executing of prayers and preaching in his private house where commonly they have a Chapel for that purpose as anno 21 H. 8. cap. 13. Where it is set down what persons may privilege one or mo Chaplains
his Hoast or to be his Marshall or to blow a Horn when he seeth his enemies invade the Land or to find a man at Armes to fight within the four Seas or else to do it himself or to bear the Kings Sword before him at his Coronation or at that day to be his Sewer Carver Butler or Chamberlain Litleton tit Sergeantie Petit Sergeantie is where a man holdeth land of the King to yeeld him yearly some small thing toward his warres as a Sword Dagger Bow Knife Spear pair of Gloves of mail a pair of Spurs or such like Litleton titulo petit Sergeantie Chivalrie that may hold of a Common person as well as of the King is called scutagium escuage that is service of the shield And this is either uncertain or certain Escuage is uncertain is likewise twofold first where the Tenent by his tenure is bound to follow his Lord going in person to the Kings wars against his enemies either himself or to send a sufficient man in his place there to be maintained at his cost so many dayes as were agreed upon between the Lord and his first Tenent at the granting of the fee. And the dayes of such service seem to have been rated by the quantity of the land so holden as if it extend to a whole Knights fee then the Tenent was bound thus to follow his Lord fortie dayes And a Knights see was so much land as in those dayes was accounted a sufficient living for a Knight and that was 680 acres as some opinion is or 800. as others think or 15 pounds per annum Camdens Britan. pag. 110. in meo S. Thomas Smith sayeth Census equestris is fortie pounds revenue in free lands If the law extend but to half a knights fee then the Tenent is bound to follow his Lord as above is said but twentie dayes If to a fourth part then ten dayes Fitz. nat br fo 83. C. 84. C. E. The other kind of this Escuage uncertain is called Castleward where the Tenent by his land is bound either by himself or by some other to defend a Castle as often as it shall come to his course Escuage certain is where the Tenent is set at a certain summe of money to be paid in lien of such uncertain service as that a man shall yearly pay for a Knights fee twenty shillings Stow. annal pag. 238. for half a Knights fee ten shillings or some like rate And this service because is it drawn to a certain rent groweth to be of a mixt nature not meerly Socage for that it smelleth not of the Plough and yet Socage in effect being now neither personal service nor uncertain Litleton titulo Socage This tenure called Chivalrie hath other conditions annexed unto it as Homage Fealtie Wardship Relief and Mariage Bracton lib. 2 cap. 35. which what they signify look in their places Chivalrie is either generall or especiall Dyer fo 161. num 47. Generall seemeth to be where only it is said in the Feosment that the Tenent holdeth per servitium militare without any specification of Sergeantie Escuage c. Speciall that which is declared particularly what kind of Knights service he holdeth by Chorall choralts seemeth to be any that by vertue of any of the orders of Clergy was in antient time admitted to fit and serve God in the Quire which in Latine is tearmed Chorus Chose res is the French word as generall as thyng is with us It is in the Common law used with divers Epithites worthy the interpretation as Chose locall is such a thing as is â—nnexed to a place Fo example a mill is Chose locall Kitchin fol. 18. Chose transitorie in the same place seemeth to be that thing which is moveable and may be taken away or carried from place to place Chose in action is a thing incorporeall and only a right as an Annuitie an obligation of debt a Covenant or Voucher by warrantie Broke titulo Chose in action And it seemeth that Chose in action may be also called Chose in suspence because it hath no reall existence or being neither can be properly said to be in our possession Broke ibidem Church wardens Ecclesiarum gardiani be Officers yearly chosen by the consent of the Minister and Parishioners according to the Cnstome of everie severall place to look to the Church Church-yard and such things as belong â—o both and to observe the behaviours of â—heir Parishioners for such faults as appertain â—o the Jurisdiction or censure of the Court Ecclesiastical These be a kind of Corporation enabled by law to sue for any thing belonging to their Church or poor of their Parish See Lamberd in his Pamphlet of the duty of church-wardens Churchesset is a word that I find in Fleta l.b. 1. cap. 47. in fine whereof he thus writeth Certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die Sancti Martini empore tam Britonum quà m 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 traxsmisso continetur in quo illam contributionem chirchsed appellant quasi semen Ecclesiae CI Cinamon cinamomum is a tree whereof the bark is known to be a pleasant comfortable and medicinall spice which you have described in Gerards Herball li. 3. cap. 142. This is reckoned among garbleable spices anno 1 Jac. 19. Cinqne portes quinque portus be those special Havens that ly toward France therfore have been thought by out Kings from time to time to be such as ought most vigilantly to be observed against Invasion In which respect the places where they be have an especial governour or keeper called by his office Lord Warden of the Cinque Ports and divers pri vileges granted unto them as a particular ju risdiction their Warden having the authority of an Admirall among them and sending out writs in his own name Crompton in his jurisdictions fol. 28. nameth the Cinque por s Dover Sandwich Rye Hastings Winchelsea Rumney Hithe whereof some because the number exceedeth five must either be added to the first institution by some latter graunt or be accompted as appendents to some of the rest See Gardein of the Cinque ports and the Statute anno 32 H. 8. cap. 48. Circuit of action circuitus actionis is a longer course of proceeding to recover the thing sued for than is needfull See the new Terms of law Circumstantibus is a word of art signifying the supply or making up of the number of Jurors if any impaneled appear not or appearing be challenged by either party by adding unto them so many other of those that are present or standing by as will serve the turn v. an 35 H. 8. cap. 6. and anno 5 Elizab. cap. 25. Citie civitas commeth of the French cite and signifyeth with us as it doth in other Regions such a Town
parchment rolles for their better keeping to all posterity Of these there be two one of the higher another of the lower or Common house Cromptons Jurisd fol. 4 8. Smith de republ Anglorum pag. 38. See also Vowels book touching the order of the Parliament Clerk of the Crown in the Chancery clericus coronae in Cancellaria is an Officer there that by himself or his Deputy is continually to attend the Lord Chancellor or Lord Keeper for special matters of estate by commission or the like either immediately from his Majesty or by order of his councel as well ordinary as extraordinary viz. commissions of Lieutenancies of Justices errant and of Assises of Oyer and Terminer of Gaol-delivery of the peace and such like with their writs of Association and Dedimus potestatem for taking of oaths Also all general pardons upon grants of them at the Kings coronation or at a Parliament where he sitteth in the higher-house at the Parliament time he writs of Parliament with the names of Knights and Burgesses which be to be returned into his office He hath also the making of all special pardons and writs of execution upon bonds of statute of the Staple forfeited which was anneâ—ed to his office in the reign of Queen Mary in consideration of his continual and chargeable attendance both these before being common for every Cursitour and Clerk of Court 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 other offendors there arraigned upon any publike crime He is otherwise tearmed Clerk of the Crown-office And anno 2 H. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of the Extreats clericus Extractorum is a Clerk belonging to the Exchequer who termely receiveth the Extreats out of the Lord Treasurers Remembrancer his office and writeth them out to be levied for the King He also maketh schedules of such summes extreated as as are to be discharged Clerk of assise clericus assisae is he that writeth all things judicially done by the Justices of assise in their circuits Cromptons Jurisdict fol. 227. Clerk of the Pell clericus Pellis is a Clerk belonging to the Exchequer whose office is to enter every Tellers bill into a parchement rolle called Pellis receptorum and also to make another rolle of payments which is called Pellis exitum wherein he setteth down by what warrant the money was payd Clerk of the Warrants clericus Warrantorum is an officer belonging to the Court of Common Plees which entreth all warrants of Atturney for Plaintiff and Defendant and intolleth all Deeds of Indentures of bargain and sale which are acknowledged in the Court or before any Judges out of the Court. And he doth extreat into the Exchequer all issues fines and amerciaments which grow due to the King any way in that Court and hath a standing fee of ten pounds of the King for making the same ex treats See Fitzh nat br fol. 76. in prin Clerk of the pety Bag clericus parvae bagiae is an Officer of the Chauncerie of which sort there be three and the Master of the Rolles their chief Their office is to record the return of all inquisitions out of â—every Shire all Liveries granted in the Court of Wards all ouster le maines to make all patents of Customers Gaugers Controllers and Aulnegers All conge de eslires for Bishops All liberateis upon extents of statute staples the recovery of Recognisances forfeited and all Elegits upon them the summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and other of every Shire for seising of the Subsidies Writs for the nominations of Collectours for the fifteenths and all traverses upon any office bill or otherwise and to receive the mony due to the King for the same This Officer is mentioned anno 33 H. 8. cap. 22. Clerk of the Kings great Wardrobe clericus magnae garderobae regis is an Officer of the Kings house that keepeth an account or Inventary in writing of all things belonging to the Kings wardrobe This Officer is mentioned an 1 Ed. 4. cap. 1. Clerk of the Market clericus merketi is an Officer of the Kings house anno 1 Ed. 4. cap. 1. anno 13 R. 2. cap. 4. whose duty is to take charge of the Kings measures and to keep the standards of them that is the examples of all the measures that ought to be through the Land as of Elns Yards Lagens as Quarts Pottles Gallons c. of Weights Bushels and such like and to see that all measures in every place be answerable unto the said Standard Fleta lib. 2. cap. 8.9.10.11.12 of which office as also of our diversity of weights and measures you may there find a Treatise worth the reading Britton also in his 30 chapter saith in the Kings person to this effect We wil that none have Measures in the Realm but we our selves but that every man take his Measures and Weights from our Standards and so goeth on with a Tractat of this matter that well sheweth the ancient law and practice in this point Touching this Officers duty you have also a good statute anno 13 R. 2. c. 4. Clerk of the Kings silver clericus argenti Regis is an Officer belonging to the Court of Common plees unto whom every fine is brought after it hath been with the custos Brevium and by whom the effect of the Writ of Covenant is entred into a Paper-book and according to that note all the fines of that term are also recorded in the Rolles of the Court. And his entrie is in this form He putteth the Shire over the Margin and then saith A.B. dat domino Regi dimidium merkam or more according to the value pro licentia concordandi C. cum C.D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the Peace clericus pacis is an Officer belonging to the Sessions of the peace His duty is in the Sessions to read the Endictments to enrol the Acts and draw the Processe to record the Proclamations of rates for servants Wages to enrol the discharge of Apprentices to keep the Counterpain of the Indenture of Armour to keep the Register book of Licenses given to Badgers and laders of corn and of those that are licensed to shoot in gunnes and to certifie into the Kings Bench transcripts of Indictments Outlawries Attainders and Convictions had before the Justices of the peace within the time limited by statute Lamberts Eirenarcha lib. 4. cap. 3. fol. 379. Clerk of the Signet clericus signeti is an Officer attendant continually on his Majesties principal secretary who alwayes hath the custody of the privy Signet as well for sealing his Majesties privat Letters as also such grants as passe his Majesties hand by bill assigned Of these there be four
that attend in their course and have their dyet at the Secretaries table More largely you may read of their office in the statute made anno 27 H. 8. cap. 11. Clerk of the privy seal clericus privati sigilli is an officer whereof there be four of number that attendeth the Lord Keeper of the privy Seal or if there be none such upon the principal Secretary writing and making out all things that be sent by warrant from the Signer to the privy Seal and are to be passed to the great Seal as also to make out as they are tearmed privy Seals upon any special occasion of his Majesties affairs as for loan of money and such like Of this officer and his function you may read the statute an 27 H. 8. cap. 11. He that is in these dayes called the Lord Keeper of the privy Seal seemeth in antient time to have been called Clerk of the privy Seal and to have been reckoned in the number of the great officers of the realm Read the statute anno 12 R. 2. cap. 11. Clerk of the Juries or Jurata writs clericus Juratorum is an Officer belonging to the Court of the Common plees which maketh out the Writs called Habeas corpora and Distringas for appearance of the Jury either in Court or at the Assises after that the Jury or Panel is returned upon the Venire facias He entreth also into the Rolles the awarding of these Writs and maketh all the continuance from the going out of the Habeas corpora until the verdict be given Clerck of the Pipe clericus Pipae is an Officer in the Kings Exchequer who having all accounts and debts due to the King delivered and drawn out of the Remembrancers offices chargeth them down into the great Roll who also writeth summons to the Sheriff to levy the said debts upon the goods and cattels of the Debtours and if they have no goods then doth he draw them down to the Lord Treasurers Remembrancer to write extreats against their Lands The antient renew of the Crown remaineth in charge before him and he seeth the same answered by the Fermers and Sheriffs to the King He maketh a charge to all Sheriffs of their summons of the Pipe and Green wax and seeth it answered upon their accounts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the Hamper or Hanaper clericus Hanaperii is an Officer in Chauncery 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 Kings Majesty 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 Chauncellour or Lord Keeper daily in the Term time and at all times of sealing having with him leather bagges wherein are put all Charters c. after they be sealed by the Lord Chancellour and those bagges being sealed up with the Lord Chauncellours private Seal are to be delivered to the Controller of the Hamper who upon receipt of them doth as you shal read in his office This Hanaper representeth a shadow of that which the Romans tearmed Fiscum that contained the Emperors treasure Clerk of the Plees clericus placitorum is an Officer in the Exchequer in whose office all the Officers of the Court upon especial privilege belonging unto them ought to sue or to be sued upon any action Clerk of the Treasury clericus the saurariae is an Officer belonging to the Common plees who hath the charge of keeping the records of the Court and maketh out all the records of Nisi prius hath the fees due for all searches and hath the certifying of all records into the Kings Bench when a Writ of Error is brought and maketh out all Writs of Supersedeas de non molestando which are granted for the Defendants while the Writ of Error hangeth Also he maketh all Exemplifications of Records being in the Treasurie He is taken to be the servant of the chief Justice and removeable at his pleasure whereas all other Officers are for tearm of life There is also a Secundary or Under-Clerk of the Treasurie for assistance which hath some allowances There is likewise an Underkeeper who alway keepeth one key of the Treasury door and the chief Clerk of the Secundary an other so the one cannot come in without the other Clerk of Essoines clericus essoniorum is an Officer belonging to the Court of Common plees who onely keepeth the Essoins rolle and hath for entring every essoin six pence and for every exception to barr the essoin 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 rolles to every Officer and the receiving of them again when they be written and the binding and making up of the whole bundles of every term and this he doth as servant to the chief Justice For the chief Justice is at charge for all the parchment of all the rolles Clerk of the outlawries clericus utlagariarum is an Officer belonging to the Court of Common plees being onely the servant or Deputy to the Kings Atturny general for making out the writs of capias utlagaâ—um after outlawry And the Kings Atturnies name is to every one of those writs And whereas seven pence is payd for the Seal of every other writ betwixt party and party there is but a penny payd for the Seal of this writ because it goeth out at the Kings sute 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 the which see Sewers and see the statute of anno 13 Elizab. cap. 9. Clerk controller of the Kings house whereof there be two is an officer in Court that hath place and seat in the Counting-house and authority to allow or disallow the charges and demands of persuivants or messengers of the Green cloath purveyours or other like He hath also the oversight and controlling of al defaults defects and miscarriages of any the inferiour officers and to sit in the Counting-house with the superior officers viz. the Lord Steward Treasurer Controller and Cofferer either for correcting or bettering things out of order and also for bringing in Countrey provision requisite for the Kings houshold and the censure for failing of carriages and carts warned and charged for that purpose This Officer you have mentioned an 33 H. 8. cap. 12. Clerk of the Nihils clericus Nihilorum is an officer in the Exchequer that maketh a roll of all such summes as are nihiled by the Sheriffs upon their estreats of green wax and delivereth the same into the lord Treasurers Remembrancer his office to have execution done upon it for the King Clerk of the check
places they there have this commissary is but superfluous and most commonly doth rather vex and disturb the Country for his lucre than of conscience seek to redresse the lives of offenders And therefore the Bishop taking prestation money of his Archdeacons yearely pro exteriori jurisdictione as it is ordinarily called doth by super-onerating their circuit with a commissary not only wrong Archdeacons but the poorer sort of subjects much more as common practice daily teacheth to their great woe Commission commissio is for the most part in the understanding of the Common law as much as delegatio with the Civilians See Brook titulo Commission and is taken for the warrant or Letters Patents that all men exercising jurisdiction either ordinary or extraordinary have for their power to hear or determine any cause or action Of these see divers in the table of the Register original verbo Commissio Yet this word sometime is extended further than to matters of judgement as the Commission of Purveyers or takers anno 11 H. 4. cap. 28. But with this epitheton High it is most notoriously used for the honourable Commission Court instituted and founded upon the Statute 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical but especially such as are of higher nature or at the least require greater punishment than ordinary jurisdiction can afford For the world being grown to that loosenesse as not to esteem the censure of excommunication necessity calleth for those censures of fines to the Prince and imprisonment which doe affect men more neerly Commission of rebellion commissio rebellionis is otherwise called a writ of Rebellion Breve Rebellionis and it hath use when a man after proclamation made by the Sheriff upon an order of the Chauncery or court of Statrechamber under penalty of his allegeance to present himself to the Court by a certain day appeareth not And this commission is directed by way of command to certain persons to this end that they or three two or one of them doe apprehend or cause to be apprehended the party as a rebell and contemner of the Kings lawes wheresoever they find him within the Kingdom and bring him or cause him to be brought to the court upon a day therein assigned The true copie of this commission or Writ you have in Cromptons divers jurisdictions Court de Starre-Chamber as also in West tractat touching proceedings in chancery Sectio 24. Commissioner commissionarius is he that hath commission as Letters Patents or other lawful warrant to execute any publike office as Commissioners of the office of Fines and Licenses West parte 2. symbol titulo Fines sect 106. Commissioners in Eyr anno 3 Ed. 1. cap. 26. with infinite such like Committee is he to whom the consideration or ordering of any matter is referred either by some Court or consent of parties to whom it belongeth As in Parliament a Bill being read is either consented unto and passed or denied or neither of both but referred to the consideration of some certain men appointed by the house farther to examine it who thereupon are called Committees Committee of the King West part 2. symbol titulo Chancerie sect 144. This word seemeth to be something strangely used in Kitchin fol. 160. where the widow of the Kings Tenent being dead is called the Committee of the King that is one committed by the ancient law of the land to the Kings care and protection Common bench bancus communis is used some time for the Court of Common plees anno 2 Ed. 3. cap. 11. So called as M. Cambden saith in his Britannia pag. 113. quia communia placita inter subditos ex jure nostro quod commune vocant in hoc disceptantur that is the Plees or Controversies tryed between Common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Justices in Eyr consueverunt Justiciarii imponere villatis juratoribus hundredis toti comitatui concelamentum omnes separatim amerciare quod videtur voluntarium cùm de per jurio concelauâ—ento non fuerint convicti sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis conservatione lib. 1. cap. 48. § Quibus And a little following § Et provisum he hath these words Et provisum ests quòd communes misericordiae vel fines comitatuum amerciatorum in finibus ininerum Justiciariorum ante recessum ipsorum Justiciariorum per sacramenta militum aliorum proborum hominum de comitatu eodem affidentur super eos qui contribuere debent unde particulae Justiciariis liberentur ut cum aliis extractis suis ad Scaccarium liberare valeant These last words of his have relation to the statute Westminst pr. cap. 18. which read See Fine Common Plees communia placita is the Kings Court now held in Westminster Hall but in antient time moveable as appeareth by the Statute called Magna charta cap. 11. as also anno 2 Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his Readings saith that until the time that Henry the third granted the great Charter there were but two Courts in all called the Kings Courts whereof one was the Exchequer the other the Kings Bench which was then called Curia Domini regis and Aula regia because it followed the Court or King and that upon the grant of that Charter the Court of Common plees was erected and setled in one place certain viz. at Westminster And because this Court was setled at Westminster wheresoever the King lay thereupon M. Gwin ubi supra saith that after that all the Writs ran Quòd sit coram Justiciariis meis apud Westmonasterium whereas before the party was commanded by them to appear coram me vel Justiciariis meis simply without addition of place as he well observeth out of Glanvile and Bracton the one writing in Henry the seconds time before this Court was erected the other in the latter end of Henry the thirds time who erected this Court. All civil causes both real and personal are or were in former times tryed in this Court according to the strict law of the Realm and by Fortescue cap. 50. it seemeth to have been the onely Court for real causes The chief Judge thereof is called the Lord chief Justice of the Common Plees accompanied with 3 a 4 Assistants or Associates which are created by Letters Patents from the King and as it were enstalled or placed upon the Bench by the Lord Chancelor and Lord chief Justice of the Court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the Officers belonging to this Court are these The Custos brevium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerk of the Warrants Clerk of the Juries or Jurata
possession Conspiracie conspiratio though both in Latine and French it be used for an agreement of men to do any thing either good or bad yet in our Lawyers books it is alway taken in the evil part It is defined anno 34 Ed. pri stat 2. to be an agreement of such as do confeder and bind themselves by oath covenant or other aliance that every of them shall bear and ayde the other falsly and maliciously to indite or falsly to move or maintain Plees and also such as cause children within age to appeal men of Felonie whereby they are imprisoned and fore grieved and such as retain men in the Countries with liveries or fees to maintain their malicious enterprises And this extendeth as well to the takets as to the givers And Stewards and Bayliffes of great Lords which by their seignorie office or power undertake to bear or maintain quarrels plees or debates that concern other parties than such as touch the estate of their Lords or themselves anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more anno 1 H. 5. cap. 3. an 18 H. 6. cap. 12. as also in the new book of Entries ver Conspiraey Conspiracie in the places before mentioned is taken more generally is confounded with maintenance and champerty But in a more special signification it is taken for a confederacie of two at the least falsely to endict one or to procure one to be endicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Kings sute is that the party attainted leese his frank law to the intent that he be not empaneld upon Juries or Assises or such like éploiments for the testifying of truth And if he have to do in the Kings Court that he make his Atturney and that his lands goods and chattels be seised into the Kings hands his Lands estreaped if he find no better favour his trees raced and his body committed to prison 27 lib. assis 59. Cromptons Justice of Peace fol. 156. b. This is called villanous judgement or punishment See Villanous judgement But if the partie grieved sue upon the Writ of conspiracy then see Fitzh nat br fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fol. 116. A. c. See Frank Law Conspiratione is a Writ that lyeth against conspiratours Fitz. nat br fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable constabularius vel Conestabulis is a Saxon word compounded of cuning or cyng and staple which do signiffe the stay and hold of the King Lamb. duties of Constables num 4. But I have heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we have this Officer from France as most others and not from the Saxons And Tilius in his Commentaries de rebus Gallicis li. 2. c. de conistabili hath the same etymologie giving the reason thereof quia praeest stabulo i. equili regis which office is ancient here in England and mentioned by Bracton seeming to answer him that was called tribunus celerum under the first Kings of Rome and Magister equitum afterward The Germans that inhabite the side of the river Rhene note him by this title die constofler and in counterfeit Latine constofelerus and in older time constafolarius that the Romans were wont to tearm assessorem judicii And as Spiegelius in his Lexicon noreth derive the word à stafolo comitis i. gradu Judicis fiscalis For staffel in their language as he saith signifieth a grees or step of a pair of stairs And thereupon stafelstein being a word used in their very ancient writings signifieth as much as Praetorium But a man many times may shew in this kind more curiosity than discretion as perhaps some will judge me here to have done And therefore enough of this This word is diversly used in our Common law first for the Constable of England who is also called Marshall Stawnâ—â— pl. cor fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm His sway consisteth in the care of the common peace of the Land in deeds of arms and matters of wars Lamb. ubi supra with whom agreeth the statut anno 13 R. 2. cap. 2. statut 1. Smith de Repub. Anglo lib. 2. cap. 25. Of this Officer or Magistrate M. Gwin in the Preface to his Reading saith to this effect The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm and handleth things concerning warrs within the Realm as Combats blasons of armory c. But it may not deal with battel in appeals nor generally with any other thing that may be tryed by the Law of the Land And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors jure feudi why it is discontinued see Dyer f. 258. nu 39. Out of this high magistracie saith M. Lamberd were drawn these lower Constables which we calâ—oÌ„stables of Hundreds and franchises and first ordained by the Statute of Winchester anno 13 Ed. 1. which appointeth for the conservation of the peace and view of armour two Constables in every Hundred and franchise which in Latine are called constabularii capitales And these be now a dayes called high Constables because continuance of time and increase both of people and offences hath again under these made others in every Town called petit Constables in Latine subconstabularios which are of like nature but of inferiour authority to the other as you may read at large in that learned mans Treatise before named Of these also read S. Thomas Smith lib. 2. cap. 22. Beside these there be officers of particular places called by this name as Constable of the Tower Stawnf pl. cor fol. 152. anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict fol. 132. Constable of the Exchequer anno 51 H. 3. statute 5. Constable of Dover Castle Camdeni Britan. pag. 239. Fitzh nat br fol. 240. otherwise called castellane West i. cap. 7. anno 3 Ed. 1. But these be castellani properly as Master Lamberd noteth though conjoyned in name with the others See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima c. 13. of his Forest laws maketh mention of a Constable of the Forest Consuetudinibus servitiis is a Writ of right close which lyeth against the Tenant that deforceth his Lord of the rent or service due unto him Of this see more at large the Old nat br fol. 77. Fitzh eodem fol. 151. and the Register orig fol. 159. Consultation consultatio is a Writ whereby a cause being formerly removed by prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For the Judges of the Kings Court if upon comparing the libel with
the suggestion of the party they do find the suggestion false or not proved and therefore the cause to be wrongfully called from the Court Christian then upon this consultation or deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a consultation Of this you may read the Register orig fol. 44 45. c. usque fol. 58. Old nat br fol. 32. Fitz. eodem fol. 50. Contenement contenementum seemeth to be the free-hold Land which lyeth to a mans Tenement or dwelling house that is in his own occupation For in Magna charta chap. 14. you have these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the manner thereof saving to him his contenement or free-hold And a Merchant likewise shall be amerced saving to him his merchandies and any other villain then owers shall be amerced saving his waynage if he take him to our mercy And Bracton lib. 3. tractat 2. cap. 1. num 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti secundùm quod delictum fuit magnum velparvum salvo contenemento suo mercator verò non nisi salva merchandiz sua villanus nisi salvo Waniagio suo which mercy seemeth to have been learned from the Civil law whereby executio non potest fieri in boves aratra aliave instrumenta rusticorum l. executores Authen Agricultores Co. quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei judica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate π. de verbo significa Quae tamen rusticorum militum scholarium privilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Johan Eimericus in processu judiciario cap. de Executione senten 79. num 11. Continuance seemeth to be used in the Common law as prorogatio is in the Civil law For example Continuance until the next Assise Fitz. nat br fol. 154. F. and 244. D. in both which places it is said that if a record in the Treasurie be alleged by the one party and denyed by the other a certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in th◠Tower the King shall send to the Justices repeating the certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. 199. and also anno 11 H. 6. cap. 4. Continual claim continuum clameum is a claim made from time to time Within every year and day to Land or other thing which in some respect we cannot attain without danger For example if I be disseised of land into which though I have right unto it I dare not enter for fear of beating it behooveth me to hold on my right of entry to the best opportunity of me and minetheir by approaching as neer it I can once every year as long as I live and so I save the right of entry to mine heir Terms of Law Again if I have a slave or villein broken from me and remaining any where within the ancient demeasne of the King being in the hands of the King I cannot maintain the writ de nativo habendo as long as he contuinueth there but if I claim him within the year and the day and so continue my claim until I can find him within that compass I may lawfully lay hold of him as mine own Fitz. nat br fol. 79. See more in Litleton verbo Continual claim And the new book of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a Covenant or agreement with a lawful consideration or cause West parte prim symbol l. 1. Sect. 10. and lib. 19. π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum ut vel uterque invicē vel alteruter obligetur Who so will throughly examine the difference between this pactum and such otherwords something like in signification let himsearch the Civilians and he shall find workboth pleasant and profitable and well fitting the Common law also Contra formam collation is is a Writ that lieth against an Abbot or his successor for him or his heir that hath given land toan Abbey to certain good uses and findeth that the Abbot or his Successour hath made a Feofment thereof with the assent of the Tenents to the disherison of the House and Church This is founded upon the statute of West 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the Author of the Terms of Law saith that this is not brought against the Tenent or alienee Contra formam feoffamenti is a Writ that lyeth for the heir of a Tenent infeoffed of certain Lands or Tenements by charter of Feofment of a Lord to make certain services and sutes to his Court and is afterward distreined for more than is contained in the said charter Register orig fol. 176. Old nat br fol. 162. and the Terms of the Law Contributione facienda is a Writ that lieth in case where more are bound to one thing and one is put to the whole burthen Fitz. nat br fol. 162. bringeth these examples If Tenents in common or joynt hold a Mill pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute toward the reparation thereof the rest shall have this Writ to compel them And if there be three Coparceners of Land that owe sute to the Lords Court and the eldest perform the whole then may she have this Writ to compel the other two to a contribution of the charge or to one of them if one onely refuse The Old nat br frameth this Writ to a case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Register orig fol. 176. Controller contrarotulator commeth of the French contrerouleur i. antigraphus graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was used for him cui ia muneris iujunctum erat ut observares pecúniam quam in usum Principis vel civitatis collegerunt exactores Budaeus in annota prio in pand tit De officio quaestoris In England we have divers officers of this name as Controller of the Kings house pl. cor fol. 52. anno 6 H. 4. cap. 3. Controller of the Navie anno 35 Elizabeth cap. 4. Controller of the Custome Cromptons
Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be 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 copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
33. So that hereby I gather that of later times this word signifieth nothing but such an one as by oath of loyalty to his Prince for surety none ordinarily findeth at these dayes is setled in the combination or society of a Dozein And a Dozein seemeth now to extend so farre as every Leet extendeth because in Lâ—ets onely this oath is ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the compasse of the Leet where they are sworn Fitzh nat br fol. 161. A. The particulars of this oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the Commission of the Justices being read and the cause of their coming being shewed debent Justiciarii se transferre in aliquem locum secretam vocatis ad so quatuor vel sex uel pluribus de ma oribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum sic inter se tractatum habeant Justiciarii adinvicem ostendant qualiter à Donâ—ino Rege erus concilio provisum sit quà d omnes tam milite quà m alii qui sunt quindecim annâ—rum ampliùs jurare debent quòd utlagatos murditores robbatores burglatores non receptaâ—â—nt nec eis consentient nec corum receptatoribus si quos tales noverint illos attachiari facient hoc Vicecomiti balivis suis monstrabuntâ— si hutesium vel clameum de talibus audiverint statim and to clamore sequantur cum familia hominibus de terra sua Here Bracton setreth down fifteen years for the age of those that are sworn to the Kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12 years See Inlaughe A man may note out of the Premisses diversities between the ancient and these our times in this point of law and government as well for the age of those that are to be sworn as also that Decennier is not now used for the chief man of a Dozen but for him that is sworn to the Kings peace and lastly that now there are no other Dozens but Leets and that no man ordinarily giveth other security for the keeping of the Kings peace but his own oath and that therefore none answereth for anothers transgression but every man for himself And for the general ground this may suffice See Franke pledge Declaration declaratio is properly the shewing forth or laying out of an action personal in any sure howbeit it is used sometime and indifferently for both personal and real actions For example anno 36. E. 3. cap. 15. in these words By the ancient terms and forms of Declarations no man shall be prejudiced so that the matter of the action be fully shewed in the Demonstration and in the Writ See the new Terms of Law See Cownte Dedimus potestatem is a Writ whereby commission is given to a private man for the speeding of some act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party which is to do something before a Judge or in Court is so feeble that he cannot travel It is used in divers cases as to make a personal answer to a Bill of complaint in the Chaunceâ—ie to make an Atturney for the following of a sute in the Countie Hundred Wapentake c. Old nat br fol. 20. To levie a Fine West parte 2. symbol titulo Fines sect 112. and divers others effects as you may see by Fitzh nat br in divers places noted in the Index of the Book In what diversity of cases this VVrit or Commission is used see the Table of the Regist orig verbo Dedimus potestatem Deeds Facta signifie in our Common law-writings that contain the effect of a contract made between man and man which the Civilians call Literarum obligationem And of Deeds there be two sorts Deeds indented and Deeds poll VVhich division as M. West saith parte 1. Symbol lib. 1. sect 46. groweth from the form or fashion of them the one being cut to the fashion of teeth in the top or side the other being plain And the definition of a deed indented hee expresseth thus Sect. 47. A Deed indented is a Deed consisting of two parts or more in which it is expressed that the parties to the same Deed have to every part thereof interchangeably or severally set their several seals See the rest where at the last he sheweth the cause of the name viz. for that consisting of more parts each part is indented or cut one of them into the other that by the cut it may appear they belong to one businesse or contract A Deed poll or polled he describeth thus Sect. 46. Q. A polled Deed is a Deed testifying that onely the one of the parties to the bargain hath put his seal thereunto after the manner there by him described which read for your better understanding See the new Terms of law verbo Fait where he sheweth that each Deed consisteth in three points writing sealing and delivery Deer Hayse anno 19 H. 7. cap. 11. seemeth to be an Engine of cords to catch Deer De essendo quietum de telonio is a VVrit that that lyeth for them which are by privilege freed from the payment of Toll which read at large in Fitzh nat br fol. 226. Defalt Defalta cometh from the French Defaut and is an offence in omitting that which we ought to do West parte 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole Tractate lib. 5. tractat 3. By whom it appeareth that a Default is most notoriously taken for non appearance in Court at a day assigned Of this you may read also in Fleta lib. 6. cap. 14. Defeisance defeisantia cometh of the French Desfaire or Deffaire i. infectum reddere quod factum est and signifieth in our Common law nothing but a condition annexed to an Act as to an Obligation a Recognisance or Statute which performed by the Obligee or Recognizee the Act as disabled and made void as if it never had been done whereof you may see West at large part 1. symb lib. 2. Sect. 156. Defendant defendens is he that is sued in an Action personal as Tenant is he which is sued in an Action real Terms of the Law Defendemus is an ordinary word in a Feofment or Donation and hath this force that it bindeth the Donour and his Heirs to defend the Donee if any man go about to lay any servitude upon the thing given other than is contained in the Donation Bracton lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the Faith defensor fidei is a peculiar title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo Decimus to King Henry the 8. for
are called Ancient Demain and all others be called Frank-fee Kitchin fol. 98. And the Tenents which hold any of those Lands be called Tenents in Ancient Demain the others Tenents in Frank-fee Kitchin ubi supra And also Tenents of the Common law West parte 2. Symbol titulo Fines Sect. 25. The reason is because Tenents in ancient Demain cannot be sued out of the Lords Court Terms of the Law Verbo ancient Demain And the Tenents in Ancient Demain though they hold all by the verge and have none other evidence but copy of Court rol yet they are said to have Free-hold Kitchin fol. 81. See Ancient Demain Demain cart of an Abbot seemeth to be that Cart which the Abbot useth upon his own Demain Anno 6 H. 3. cap. 21. Demurrer demorare cometh of the French demeurer i. manere in aliquo loco vel morari It signifieth in our Common law a kind of pawse upon a point of difficulty in any action and is used substantively For in every action the controversie consisteth either in the fact or in the law If in the fact that is tried by the Jury if in law then is the case plain to the Judge or so hard and rare as it breedeth just doubt I call that plain to the Judge wherein he is assured of the law though perhaps the party and his councel yeeld not unto it And in such the Judge with his Associats proceedeth to Judgement without farther work but when it is doubtful to him and his Associates then is there stay made and a time taken either for the Court to think farther upon it and to agree if they can or else for all the Justices to meet together in the Chequer chamber and upon hearing of that which the Sergeants shall say of both parts to advise and set down what is law And whatsoever they conclude standeth firm without farther remedie Smith de Repub. Anglo lib. 2. cap. 13. West calleth it a Demurrer in Chancery likewise when there is question made whether a parties answer to a Bill of Complaint c. be defective or not and thereof reference made to any of the Bench for the examination thereof and report to be made to the Court parte 2. symb tit Chancery Sect. 29. Denariataterrae See Farding-deal of land Denizen cometh of the French donaison i. donatio And signifieth in our Common law an Alien that is infranchised here in England by the Princes Charter and inabled almost in all respects to do as the Kings native subjects do namely to purchase and to possesse lands to be capable of any office or dignity Yet it is said to be short of naturalization because a stranger naturalized may inherit lands by descent which a man made onely a Denizen cannot And again in the Charter whereby a man is made Denizen there is commonly conteined some one clause or other that abridgeth him of all that full benefit which natural subjects do enjoy And when a man is thus infranchised he is said to be under the Kings protection or Esse ad fidem Regis Angliae before which time he can injoy nothing in Englād Bracton l. 5. tract 5. c. 25. nu 3. Nay he his goods might be seised to the Kings use Horn in his mirrour of Justices lib. 1. c. de la Venue de frane plege 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 any Christian soul cometh to a violent end without the fault of any reasonable Creature For example if a Horse should strike his Keeper and so kill him If a man in driving a Cart and seeking to redresse any thing about it should so fall as the Cart wheel runing over him should presse him to death If one should be felling of a Tree and giving warning to company by when the Tree were neer falling to look to themselves and any of them should be slain neverthelesse by the fall of the Tree In the first of these cases the Horse in the second the Cart-wheel Cart and Horses and in the third the Tree is to be given to God that is to be sold distributed to the poor for an expiation of this dreadful event though effected by unreasonable yea senlesse and dead creatures Stawnf pl. cor lib. 1. cap. 2. whereof also read Bracton lib. 3. tract 2. cap. 5. and Britton cap. 7. and West parte 2. symbolaeog titulo Indictments Sect. 49. And though this be given to God yet is it forfeited to the King by law as sustaining Gods person and an executioner in this case to see the price of these distributed to the Poor for the appeasing of God stirred up even against the earth and place by the shedding of innocent blood thereupon Fleta saith that this is sold and the price distributed to the Poor for the soul of the King his Ancestors and all faithful people departed this life l. 1. c. 25. verbo De submersis And it seemeth that this Law hath an imitation of that in Exo dus cap. 21. Si cornu petierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac dominus ejus erit innocens De Deoner anda pro rata portionis is a Writ that lieth where one is distrained for a rent that ought to be paid by others proportionally with him For example a man holdeth ten Oxegangs of land by fealty and ten shillings rent of the King and alienateth one Oxegang thereof to one another to another in fee. Afterward the Sheriff or other officer cometh and distraineth onely one of them for the rent he that is distrained may have this writ for his help Fitzh nat br fol. 234. Departer is a word properly used of him that first pleading one thing in barre of an action and being replyed thereunto doth in his rejoynder shew another matter contrary to his first Plea Plowden in Reniger and Fogassa fol. 7. 8. And of this see divers examples in Broke titulo Departer de son plee c. Departers of Gold and Silver See Finours De quibus sur disseisin is a Writ of entry See Fitzh nat br fol. 191. C. Dereyn disrationare vel dirationare may seem to come of the French disarroyer i. confundere turbare to confound or turn out of order or desranger i. to set out of order of lastly of the Norman word desrene for with the Normans desrene is nothing else but a proof of the denial of mans own fact For Rubigineus in his grand custumarie cap. 122 123. maketh mention of lex probabilis and lex deraisnia legem probabilem or probationem he defineth to be a proof of a mans own fact which he saith he hath done and his adversary denieth His example in this A. sueth R. for a Hog saying thou shouldest deliver me a Hog for two shillings six pence which money F. paid thee wherefore I demand my
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt 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 than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple Fee-tail for term of life or of years against the alience Fitzherb nat br 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 Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius Tilburiensis whose words you may read in him This Court is taken from the Normans as appeareth by the Grand Custumarie cap. 56. where you may find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a Record Officium escaetriae is the Escheatourship Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
English and the French word seemeth to come of Feriae because it is alwayes incident to the privilege of a Fair that a man may not be arrested or molested in it for any other debt than first was contracted in the same or at least was promised to be payed there anno 17 Ed. 4. cap. 2. anno 1 R. 3. cap. 6. Fair-pleading see Beaw-pleader Faitours seemeth to be a French word antiquated or something traduced For the modern French word is faiseur i. factor It is used in the Statute anno 7 R. 2. cap. 5. And in the evil part signifying a bad doer Or it may not improbably be interpreted an idle liver taken from faitardise which signifieth a kind of num or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabond Falk-land alià s Folk-land See Copy-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasseâ— committed against a man by imprisoning him without lawful cause it is also used for the Writ which is brought upon this trespasse Fitzh nat br fol. 86. K. 88. P. v. Broke h. t. See the new book of Entries verbo False imprisonnement Falso judicio is a Writ that lyeth for salse judgement given in the County Hundred Court Baron or other Courts being no Court of Record be the Plea real or personal Regist orig fol 15. Fitzh nat br f l. 17. See the new book of Entries verbo False judgement False prophecies See Prophecies Falso reâ—urno brevium is a Writ lying against the Sheriff for false returning of Writs Reg. â—â—dic fol. 43. b. Falsifie seemeth to signifie as much as to prove a thing to be false Perkins Dower 383 384 385. Farding or farthing of gold seemeth to be a Coyn used in ancient times containing in value the fourth part of a Noble viz. twenty pence silver and in weighth the sixth part of an ounce of gold that is of five shillings in silver which is three pence and something more This word is found anno 9 H. 5. statut 2. cap. 7. thus Item that the King do to be ordained good and just weight of the noble half noble and farthing of gold with the rates necessary to the same for every City c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble Farding deal alià s Farundel of Land Quadrantata terrae signifieth the fourth part of an Acre Cromptons Jurisdict f. 220. Quadrantata terrae is read in the Regist. orig fol. 1. b. where you have also Denariata obolata solidata librata terrae which by probability must rise in proportion of quantity from the farding deal as an half penny penny shilling or pound rise in value and estimation then must obolata be half an acre denariata an acre solidata twelve acres and librata twelve score acres And yet I finde viginti libratas terrae vel reditus Register orig fol. 94. a. fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeldeth twenty shillings per annum and centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitzherb nat br fol. 87. f. I find these words viginti libratas terrae vel reditus which argueth it to be so much Lands as twenty shillings per annum See Furlong Fate or Fat is a great wooden Vessel which among Brewers in London is ordinarily used at this day to measure Mault by containing a Quarter which they have for expedition in measuring This word is read Anno 1 H. 5. cap. 10. anno 11 H. 6. cap. 8. FE Fealty Fidelitas cometh of the French feaulte i. fides and signifieth in our Common law an oath taken at the admittance of every Tenent to be true to the Lord of whom he holdeth his Land And he that holdeth Land by this onely oath of fealty holdeth in the freest manner that any man in England under the King may hold Because all with us that have Fee hold per fidem fiduciam that is by fealty at the least Smith de Republ. Anglor lib. 3. cap. 8. for fidelitas est de substantia feudi as Duarenus saith de feud cap. 2. num 4. and Matthaeus de afflictis decis 320. num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of his oath as it is used among the Feudists you may read well expressed by Zasius in his Tractare de feudis parte 7. num 15 16. which is worth the comparing with the usual oath taken here in our part of Britanie This fealty is also used in other Nations as the Lombards and Burgundians Cassâ—nae us de consuet Burgund pag. 419 420. And indeed the very first creation of this Tenure as it grew from the love of the Lord toward his followers so did it bind the Tenent to fidelity as appeareth by the whole course of the Feods And the breach thereof is losse of the Fee Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecins in tract de feudis cap. 15. num 4. seq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hoteman in his Commentaries De verbis feudalibus sheweth a double fealty one generall to be performed in every subject to his Prince the other special required onely of such as in respect of their Fee are tyed by this oath toward their Land-lords both we may read of in the Grand Custumary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into Latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Unde tenentur sc ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec ejus inimic is praebere contra ipsum consilium vel juvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Unde nullus homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate Quod etiam est in eorum receptbone specialiter exprimendum Inter Dominos autem alios homines fides taliter debet observari quod neuter in personam alterius personâ—lem violentiam seu percutionis injectionem cum violentia debet irrogari Si quis enim eorum ex hoc fuerit accusatus in curia convictus feudum omne debet amittere c. This fealty special is with us performed either by Free-men or by Villains The form of both see anno 14 Ed. 1. stat 2. in these words When a Free-man shall do fealty to his Lord he shall hold
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe 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 the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land 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 from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of 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 Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. 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-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place 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 specially given to
the least in law unto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is upon acknowledgement that the thing mentioned in the concord be jus ipsius cognizati ut illa quae idem habet de dono Cognitoris West Sect. 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the Cognizor Cokes Reports lib. 3. the case of sines fol. 89. b. which is in very deed the surest fine of all Fines executorie be such as of their own force do not execute the possession in the Cognizees as fines sur cognizance de droit tantùm fines sur done grant release confirmation or render For if such fines be not levied or such render made unto them that be in possession at the time of the fines levied the cognizees must needs sue Writs of Habere facias seisinam according to their several cases for the obtaining of their possessions except at the levying of such executory fines the parties unto whom the estate is by them limited be in possession of the lan is passed thereby for in this case such fines do inure by way of extinguishment of right nor altering the estate of possession of the Cognizee but perchance bettering it West ubi supra sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the concord is to be made and that is most commonly upon a Writ of Covenant and then first there must passe a payr of Indentures between the Cognizour and Cognizee whereby the Cognizour covenanteth with the Cognizee to passe a Fine unto him of such or such things by a day set down And these Indentures as they are first in this proceeding so are they said to lead the Fine upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizour who thereupon yeeldeth to passe the Fine before the Judge and so the acknowledgement being recorded the Cognizour and his Heirs are presently concluded and all strangers not excepted after five years once passed If the Writ whereupon the Fine is grounded be not a Writ of Covenant but of Warrantia chartae or a Writ of right or a Writ of mesn or a Writ of Custome and Services for all these Fines may also be founded West ubi supra 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. This word Fine sometime signifieth a sum of money payd for an In-come to Lands or Tenements let by Lease sometime an amends pecuniary punishment or recompense 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. Register Jud. fol. 25. a. and of the diversity of these Fines with other maâ—ter worth the learning see Cromptons Justice of peace fol. 141. b. 143.144 and Lamberds Eirenarcha libr. 4. cap. 16. pag. 555. But in all these diversity of uses it hath but one signification and that is a final conclusion or end of differences between parties And in this last sense 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 payeth to the King for false judgements 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 agreeth the Statute anno 3 Ed. pri cap. 18. There is also a Common fine in Leets See Kitchin fol. 13. a. v. Common Fine See Fleta lib. 1. cap. 48. Fines pro licentia concordandi anno 21 H. 8. cap. 1. See Fine Fine force seemeth to come of the French Adjective fin and the substantive force i. vis The adjective fin signifieth sometime as much as crafty wily or subtil sometime as much as artificial curious singular exact or perfect as Rien contrefaâ—ct fin i. nihil simulatum aut ad imitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as it is set down in that work truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 115. so that this fine force with us seemeth to signifie an absolute necessity or constraint not avoidable and in this sense it is used Old nat br fol. 78. and in the statute anno 35 H. 8. cap. 12. in Perkins Dower fol. 321. and 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 the disanulling of a fine levied of lands holden in ancient demesn to the prejudice of the Lord Regist orig fol. 15. b. Fine capiendo pro terris c. is a Writ lying for one that upon conviction by a Jury having his lands and goods taken into the Kings hand and his body committed to prison obtaineth favour for a sum of money c. to be remitted his imprisonment and his lands and goods to be re-delivered unto him Reg. orig fol. 142. a. Fine levando de tenementis tentis de Rege in capite c. is a Writ directed to the Justices of the common plees whereby to license them to admit of a fine for the sale land holding in capite Reg. orig fol. 167. a. Fine non capiendo pro pulchre placitando is a Writ to inhibit officers of Courts to take fines for fair pleading Reg. orig fol. 179. See pleder Fine pro redisseisina capienda c. is a Writ that lieth for the release of one laid in prison for a re-disseisin upon a reasonable fine Reg. original fol. 222. Finarie See Blomarie Finours of gold and silver be those that purifie and part those Merals from other coarâ—er by fire and water anno 4 H. 7. cap. 2. They be also called Patters in the same place sometime Departers Fire-bote for the composition look Hay-boot It signifieth allowance or Estovers of Woods to maintain competent fire for the use of the Tenent First fruits primitiae are the profits of every Spiritual living for one year given in ancient time to the Pope throughout all Christendom but by the statute an 26 H. 8. cap. 3. translated to the Prince for the ordering whereof there was a Court erected anno 32 H. 8. cap. 45. but this Court was dissolved anno pri Mar. sess 2. cap. 10. and sithence that time though those profits be reduced again to the Crown by the Statute anno 1 Eliz. cap. 4. yet
disavow or forsake whatsoever right he hath unto them See the Statute anno 10. Edward 1. cap. unico Forstall is to be quit of amerciaments and cattels arrested within your land and the amerciaments thereof comming New terms of law Forstalling forstallatio is partly French for estaller is in that tongue as much as merces exponere expedice explicare or to shew wares in a Market or Fair. It signifieth in our Common law the buying or bargaining for any victuals or wates comming to be sold toward any Fair or Market or from beyond the Seas toward any City Port Haven Creek or road of this Realm and before the same be there anno 51. H. 3. stat 6. West parte 2. Symbol titulo indictments sect 64. Forstaller in Cromptonâ— Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest from returning home again or laying between him and the Forest in the way that he is to return See Regratours and Engrossers See Cromptons Justice of peace fol. 69. a. The Author of the new terms of Law defineth it thus Forstalling Forstallamentum is the buying of Corn Cattell or other Merchandise by the way as it cometh toward the Fair or Market to be sold to the intent to sell the same again at a more high and deer price Fleta saith thus of it significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. cap. 47. Fortescue was a learned Lawyer and Lord Chanceller in Henry the 6. daies who writ a book in the commendation of our Common Laws Fortlet forte letum cometh neer the French fortlet i. valenticulus forticulus and signifieth in our Common law a place of some strength Old nat br fol. 45. This in other Countries is written fortalitium and signifieth castrum Scraderus select practabil quaest sect 12. num 7 8. Fother is a weight of twenty hundred which is a wain or cart load Speight in his Annot upon Chawcer Fourche Afforciare seemeth to come of the French Fourchir i. tiâ—ubare lingua and signifieth in our Common law a putting off prolonging or delay of an action and it appeareth no unpleasant Metaphor for as by stammering we draw out our speech not delivering that wee have to say in ordinary time so by fourching wee prolong a sute that might be ended in a shorter space To fourch by essoin Westm 1. cap. 24. anno 3. Edw. pri where you have words to this effect Coparceners Jointenants and Tenents in common may not fourch by essoin to essoin severally but have only one essoin as one sole tenent may have And anno 6. Edw. 1. ca. 10. You have it used in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest See Expeditate And to be quit of footgeld is a privilege to keep dogs within the Forest unlawed without punishment or controlement Cromptons Jurisd fol. 197 Manwood parte pri of his Forest Laws pag. 86. Fowles of warren See Warren Founder is he that melteth metal and maketh any thing of it by casting it into a mould c. anno 17. Rich. 2. cap. 1. derived of the verb fundere to powre FR Franthise libertas franchesia cometh of the French franchise so signifying it is taken with us for a privilege or an exemption from ordinary jurisdiction and sometime an immunity from tribute It is either personall or reall Crompt 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 chief or a member In what particularly things franchises commonly consist See Britian cap. 19. Franchise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine seemeth to be that where the Kings writs run not as Chester and Durham they are called Seignories royal anno 28. H. 6. cap. 4. The author of the new Terms of law saith that franches royal is where the King granteth to one and his heirs that they shall be quit of tolle or such like See franchise in the new book of Entries See Bracton lib. 2. cap. 5. See Sac. Frank almoin libera Eleemozyna in french frank Ausmone signifieth in our Common law a tenure or title of lands Britton cap. 66. num 5. saith thus of it Frank almoyne is lands or tenements bestowed upon God that is given to such people as bestow themselves in the service of God for pure and perpetual almes whence the Feoffours or givers cannot demand any terrestiall service so long as the lands c. remain in the hands of the Feoffees With this agreeth the grand Costumary of Normandie cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol 211. See the new book of Entries verbo Frank almoin But Britton maketh another kind of this land c. which is given in almes but not free almes because the tenents in this are tyed in certain services to the Feoffour Britton ubi supra Frank bank francus bancus in true french franc bank signifieth word for word a free bench or seat and among our Law-writers it seemeth to be used for Copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum et tenent nomine dotis Fitz. calleth it a custome whereby in certain Cities the wife shall have her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a liberty of feee chase whereby all men having ground within that compasse are prohibited to cut down wood or discover c. without the view of the Forester though it be his own Demesn Cromptons Jurisdictions fol. 187. Frank fee feudum francum seis 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 antient demesn of the Crown viz. the Demesns is called frank fee and that which is in the hands of the tenents is ancient demeasn only see the Register orign fol. 12. a. Whereby it seemeth that that is frank fee which a man holdeth at the Common law to himself and his heirs and not by such service as is required in antient demesn according to the custome of the mannor And again I find in the same book fol. 14. b. a note to this effect that the lands which were in the hands of King Edward the Saint at the making of the book called Doomesday is antient demesn and that all the rest in the Realm is called frank
fee with the which note Fitzherb agreeth nat br fol. 161. E. So that all the land in the Realm by this reason is either antient demesn or frank fee. The new expounder of the Law terms defineth frank fee to be a tenure in fee simple of lands pleadable at the Common law and not in antient demesn See Fachineus li. 7. c. 39. who defineth it feudum francum esse pro quo nullum servitium praestatur Domino with whom agreeth Zasius de feudis parte 12. saying that therefore it is fedum improprium quia ab omni fervitio liberum Frank ferme firma libera is land or tenement wherein the nature of fee is changed by feofment out of Knights service for certain yearly services and whence neither homage wardship mariage nor relief may be demanded nor any other service not contained in the feo ment Britton ca. 66. num 3. see Fee ferme Frank law libera lex See Cromptons Justice of peace fol. 156. b. where you shall find what it is by the contrary For he that for an offence as conspiracie c. leeseth his frank law is said to fall into these mischiefs first that he may never be impaneled upon any jury or assise or otherwise used in testifying any truth Next if he have any thing to doe in the Kings Court he must not approach thither in person but must 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 For this the said Author citeth the book of Assises 2 fol. 59. Conspiracy F. 11.24 Edw. 3. fol. 34. See Conspiracy Frank marriage liberum maritagium is a tenure in tail speciall growing from these words in the gift comprised Sciant c. me M. H. de W. dedisse concessisse et praesenti charta mea confirmasse I. A. filio meo Margeriae uxori ejus filiae verae T. N. in liberum maritagium unum messuagium c. West parte 1. Symb. li. 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 doe fealty to the donour untill the fourth degree Se new terms of law Glanvile li. 7. ca. 18. Bracton li. 2. ca. 7. num 4. where he divideth maritagium in liberum servitio obligatum See Marriage Fleta giveth this reason why the heirs doe no service untill the fourth descent ne donatores vel eorum haeredes per homagum receptionem à reversione repellantur And why in the fourth descent and downward they shall do service to the donour quia in quarto gradu vehementer praesumiter quod terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frank pledge franciplegium is compounded of frank i. liber and pleige i. fidejussor and signifieth in our Common law a pledge or surety for free-men For the antient custome of England for the preservation of the publike peace was that every free born man at fourteen yeeres of age after Bracton religious persons Clerks Knights and their eldest sonnes excepted should find surety for his truth toward 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 comming at all times or to answere the transgression committed by any broken away So that whosoever offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his answer or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. housholds And every particular person thus mutually bound for himself and his neighbours was called Decennier because he was of one Decenna or another This custom was so kept that the Sheriffs at every county court did from time to time take the oaths of young ones as they grow to the age of 14 years and see that he were combined in one dozen or another whereupon this branch of the Sheriffs authoritie was called visus Franciplegii view of Frank pledge See the stat for view of Frank pledge made an 18. E. 2. See Decennier Leetview of Frank pledge Freoborghe That this discipline is borrowed by us of the Roman Emperours or rather Lombards appeareth most manifestly in the second book of Feuds ca. 53. upon which if you read Hotoman with those Authors that hee there recordeth you will think your labour well bestowed Read more of this viz. what articles were wont to be inquired of in this Court in Horns mirrour of Justices lib. 1. ca. de la veneu des francs pleges and what these articles were in antient times see in Fleta lib. 2. cap. 52. Fredwit See Fletwit Free chapel libera Capella by some opinion is a Chapel founded within a Parish for the service of God by the devotion and liberality of some good man over and above the mother Church unto the which it was free for the parishioner◠to com or not to come endowed with maintenance by the founder thereupon called free I have heard others say and more probably that those only be free Chapels that are of the Kings foundation and by him exempted from the Jurisdiction of the Ordinarie but the King may license a subject to found such a Chapel and by his Charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the Jurisdiction of the Diocesan appeareth by the Register original fol. 40. 41. These Chapells were all given to the King with chaunteries anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand an 3. Ed. 4. capite quarto et an 4. E. quarti c. 7. Free hold liberum tenementum is that land or tenement which a man holdeth in fee fee tail or at the least for term of life Bract. lib. 2. ca. 9. The new expounder of the Law terms saith that freehold is of two sorts Freehold in deed and freehold in law Freehold in deed is the real possession of land or tenements in fee fee tai◠or for life Freehold in law is the right that a man hath to such land or tenements before his entry or seisure I have heard it likewise extended to those offices which a man holdeth either in fee or for term of life Britton defineth it to this effect Franck tenement is a possession of the soil or services issuing out of the soil which a free man holdeth in fee to him and his heirs or at the least for term of his life though the soil be charged with free services or other cap. 32. Freehold is sometime taken in opposition to villenage Bract. lib. 4.37 38. M. Lamberd in his explication of Saxon words verbo
died in pound Kitchin fol. 145. or if he claim a propriety in the Cattel sued for Terms of the Law To wage law what it is see in his place verbo Law See Mortgage Gager deliverance See Gage Gayle See Gaol Gainage Wain agium is â—eer to the French Gaignage i. quaestus lucrum and signifieth in our Common law the land held by the baser kind of Sokemen or Villeins Bracton lib. 1. cap. 9. where he hath these words speaking observants Et in hoc legem habet contra dominos quòd stare possunt in judicio contra eos de vita membris propter saevuiam dominorum vel propter intolerabilem injuriam Ut si eos destruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And again lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictum fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in West 1. cap. 6. anno 3. Ed. prim is called Gaynure and again cap. 17. and in magna charta cap. 14. it is called Wainage I find it in the Old nat br fol. 117. called Fainor v.z. in these words The Writ of Aile was praecipe c. quòd reddat unam bovatam terrae unam bovatam marisci and â—he Writ was abated for that the oxegang is alwayes of a thing that lyeth in gainor I think this word was used of lands usually plowed because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own pains toward their sustenance nor any other title but at the Lords will Gainor again in the same book fol. 12. is used for a Sokeman that hath such land in his occupation In the 32. Chapter of the Grand Custumary of Normandie Gergneurs be ruricolae qui terras eleemozynatas possidem and Britton useth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoveries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13 Ed. 3. fol. 3. nor de selione terrae Edw. 1. for the uncertainty because a selion which is a land sometime containeth an acre sometime half an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13.8 H. 63.22 Ed. 4.13 de virgata terrae 41.43.13 Ed. 3. de fodina de minerade mercatu 13 E. 3. for they be not in demesn but in gain c. Lastly in the statute of distresses in the Exchequer anno 51 Hen. 3. I find these words No man of religion nor other shall be distreined by his beasts that gain the land Galege galicae seemeth to come of the French galloches which signifieth a certain kind of shoo worn by the Gaules in foul weather of old times I find it used for some such Implement anno 4 Ed. 4. cap. 7. anno 14. 15 H. 8. c. 9. where is written plainly Galoches Galingal cyperus is a medicinal herb the nature and diversity whereof is expressed in Gerards Herbal lib. 1. cap. 22. The root of this is mentioned for a drugge to be garbled anno 1 Jacob. cap. 19. Gallihalpens were a kind of coin forbidden by the statute anno 3 H. 5. cap. 1. Galloches See Galege Galls Gallae be a kind of hard fruit like a nut but rounder growing of the Tree called in Latine galla The divers kinds and uses whereof Gerard expresseth in his Herbal lib. 3. c. 34. This is a drug to be garbled an Ja. c. 19. Gaol gaola cometh of the French Geole i. caveola a cage for birds but is metaphorically used for a prison Thence cometh Geolier whom we call Gayler or Gaoler Garbe Garba cometh of the French garbe altâs gerbe i. sascis It signifieth with us a bundle or sheaf of corn Charta de Foresta cap. 7. and garba sagittarum is a sheaf of arrowes Skene de verb. significat verbo Garbae Garbling of bow-staves anno 1 R. 3. cap. 11. is the sorting or culling out the good from the bad As garbling of Spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seem to proceed from the Italian garbo that is finesse neatnesse Gard Custodia cometh of the French garde being all of one signification It signifieth in our Common law a custodie or care of defence but hath divers applications sometimes to those that attend upon the safety of the Prince called Yeoman of the Guard sometime to such as have the education of children under age or of an Idiot sometime to a Writ touching Wardship Which writs are of three sorts one called a right of Guard or Ward in French droit de gard Fitzh nat br fol. 139. The second is ejectment de gard Idem fol. 139. L. The third is ravishment de gard Idem fol. 140. F.G. See Gardein see Ward Gardein Custos cometh of the French Gardien and yet the German Warden is neer unto it It ligniheth generally him that hath the charge or custodie of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselves and their own affairs as Children and Idiots being indeed as largely extended as both Tutor and Curator among the Civilians For where as Tutor is he that hath the government of a youth untill he come to fourteen yeers of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to five and twenty years or that hath the charge of a frantick person during his lunacie the common Lawyers use but onely Gardien or Gardian for both these And for the better understanding of our English law in this thing you must know that as Tutor is either Testamentarius or à Praetore datus est ex lege Atilia or lastly legitimus so we have three sorts of Gardeins in England one ordained by the Father in his last will another appointed by the Judge afterward the third cast upon the Minor by the law and custome of the land Touching the first a man having goods and Chattels never so many may appoint a Gardein to the body or person of his child by his last VVill and Testament until he come to the age of fourteen years and so the disposing or ordering of his substance until what time he thinketh meet and that is most commonly to the age of 21 years The same may he do iâ— he have lands to never so great a value so they hold not in capite of the King nor oâ— any other Lord by Knights service And in the former case if the Father appoint no Gardein to his Child the Ordinary
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
peril toward the sea side as Porchmouth c. Of these you shall read anno 18. Edward 3. stat 2. ca. 7. anno 25. ejusd stat 5. ca. 8. Hoghenhine is he that commeth guestwise to an house and lieth there the third night After which time he is accounted of his family in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. ca. 10. In the Laws of king Edward set forth by Master Lambert he is called Agenhine where you may read more of this matter Hithe hitha is a petty haven to land wares out of vessels or boats New book of Entries fol. 3. colum 3. HO Hogshead is a measure of wine or oyle containing the fourth part of a tun that is 63 gallons an 1. R. 3. ca. 13. Holstings see Hustings Homage Homagium is a French word signifying Fidem clientularem For in the original grants of land and tenements by way of fee the Lord did not only tye his tenents or feed men 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 was and is called homage the form whereof you have in the second Statute anno 17. Edw. 2 in these words when a free man shall doe homage to his Lord of whom he holdeth 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 do 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 taketh homage of every tenent as he cometh to the land or fee. Glanvile lib. 9. cap. 1. except they be women who perform not homage but by their husbands yet see Fitzherbert that saith the contrary in his nat br fol. 157. F. Read Glanvile more at large in the said first Chapter with the second third and fourth The reason of this M. Skene giveth de verbo significatione verbo Homagium viz. because Homage especially concerneth service in warre He saith also that consecrated Bishops do no homage but only fidelity the reason may bee all one And yet I find in the Register orig fol. 296. a. that a woman taking livery of lands holden by Knights service must doe homage but not being jointly infeossed for then she doth only fealtie And see Glanvile in the end of the first chapter of his ninth book touching Bishops consecrated whom he denieth to perform homage to the King for their Baronie but only fealty Fulbeck reconcileth this fol. 2C a. in these words By our law a religious man may doe homage but may not say to his Lord Ego devenio home vester because he hath professed himself to be only Gods man but he may say I do unto you homage and to you shall be faithfull and loyall See of this Britten cap. 68. Homage is eithes new with the fee or ancestrel that is where a man and his Ancestors time out of mind have held their lands by homage to their Lord whereby the Lord is tied to warrant the land unto his tenent Newterms of the Law This homage is used in other Countries as well as ours and was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene divideth it into liegium non liegium de verb. signif v. Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime used for the jury in the Court Baron Smith de Repub Anglo lib. 2. cap. 27. the reason is because it consisteth most commonly of such as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae sive curiis sive domus sic dicuntur enim convassalli sive compares qui ab eodem patrono feudum receperunt vel qui in eodem territorio feudum habeut Hotoman Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy where you shall understand of other sorts of homage used by them and strange unto us Whereunto join Hotoman disputat de feudis in divers places and namely Columna 860. c. hiis verbis Deinceps de nota lâ—ommii feudal tiae subjectionis videamus Omnium quidem video esse commune ut dexter as tanquam in soedei ibus jungerent plerumqne etiam ut dexteris aversis osculum praebereut interdum ut ambas manus junctas patrono contrectandas praeberent supplicum et deditiorum nomine qui velatas manus porrigebant And pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constisutum est Quod ex Anglico Littletoneo intelleximus ut hominium servili et suppliciveneratione ac planè tanquam à dedititiis praestetur Nam vasallus discinctus nudo capite ad pedes sedentis patroni pro ectus ambas manus junctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here veâ—io in tuum hominium et sidem et homo tuus fio ore et manibus tibique juro ac spondeo sidelem me tibi fâ—lis um eorum fendorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. g. 822. s et 857. b et d. et f. of homage in Scotland read M. Skene de verb. signtf verbo Homaegium To whom you may also joyn a plentiful discourse in speculo Durandt commonly called speculator among the Civilians tit De feudis Homagio respectuando is a writ to the escheator commanding him to deliver seisin of lands to the heir that is at full age notwithstanding his homage not done which ought to be performed before the heir have livery of his lands except there fall out some reasonable cause to hinder it Fitzher nat br fol. 269. Homine eligendo ad custodiendam peciam figilli pro mercatoribus aediti is a writ directed to a Corporation for the choice of a new man to keep the one part of the Seal appointed for Statutes Merchant when the order is dead according to the Statute of Acton Burnel Regist original fol. 178. a. Homine replegiando is a writ for the bayl of a man out of prison which in what cases it lieth and what not see Fitz. natura brev fo 66. See also the Register origin fo 77. See the new book of Entries verto Homine replegiando Homine capto in Withernamium is a writ to take him that hath 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. orig fo 79. a. See Withernam Fomicide homicidium is the slaying of a man and it is divided into voluntary and
casual homicide voluntary is that which is deliberated and committed of a set mind and purpose to kill Homicide voluntary is either with precedent malice or without The former is murther and is the felonious killing through malice prepensed of any person living in this Realm under the Kings protection West parte 2. Symbol tit Inditements Sect. 37. c. usque ad 51. where you may see divers subdivisions of this matter See also Glanvile l. b. 14. cap. 3. Bract. lib. 3. tract 2. ca. 4.15 17. Brit. ca. 5.6.7 see Murther Manslaughter and Chancemedly Homesoken aliâs hamsoken Hamsoca is compounded of Ham i. habitatio and soken i. quaerere It is by Bracton lib. 3. tract 2. cap. 23. thus defined Homesoken dicitur invasio domus contra pacem Domini Regis It appeareth by Rastal in the title Exposition of words that in antient times some men had an immunity to doe this for he defineth Homesoken to be an immunity from amercement from entring into houses violently and without license which thing seemeth so unreasonable that me thinketh he should be deceived in that his exposition I would rather think it should bee a liberty or power granted by the King to some common person for the cognisance or punishment of such a transgression for so I have seen it interpreted in an old note that I have given mee by a friend which hee had of an expert man toward the Exchequer but of what authority I know not See Hamsoken Hondhabend is compounded of two Saxon words hond id est hand and habend i. having and signifieth a circumstance of manifest theft when one is deprehended with the thing stollen in his hand Bract. lib. 3. tractat 2. cap. 31. 54. who also use the handberend for the same eodem cap. 8. Honour honor is beside the generall signification used especially for the more noble sort of Seigniories whereof other inferiour Lordships or Mannours do depend by performance of customes and services some or other to those that are Lords of them And I have reason to think that none are Honours originally but such as are belonging to the King Howbeit they may afterward bee bestowed in fee upon other Nobles The manner of creating these Honours may in part be gathered out of the Statutes anno 34 Hen. 8. ca. 5. where Hampton Court is made an Honour and anno 33. ejusdem ca. 37. et 38. whereby Amptill and Grafton be likewise made Honours and anno 37. ejusdem cap. 18. whereby the King hath power given by his Letters patents to erect four severall Honours of Westminster of kingston upon Hull Saint Osithes in Essex and Dodington in Barkeshire This word is also used in the self-same signification in other nations See ca. licet causam extra de probationibus and Minsinger upon it nu 4. In reading I have observed thus many honours in England The honour of Aquila Camdens Britan. pag. 231. of Clare pag. 351. of Lancaster pag. 581. of Tickhill pa. 531. of Wallingford Nottingham Boloine Magnacharta ca. 31. of West Greenewish Camden pag. 239. of Bedford Pupil oculi parte 5. ca. 22. of Barhimsted Brook titulo Tenure num 16. of Hwittam Camden pa. 333. of Plimpton Cromptons Jurisd fo 115. of Crevecure and Hagenet Fobert anno 32 Hen. 8. cap. 48. of East-Greenewish of Windsor in Barkshire of Bealew in Essex anno 37 H. 8. cap. 8. of Peverel in the County of Lincoln Regist origin fo 1. Horngeld is compounded of Horn and Gildan or Gelder i. Solvere It signifieth a tax within the forest to be paid for horned beasts Cromptons Jurisdict fo 197. And to be free thereof is a privilege granted by the king unto such as he thinketh good Idem ibidem and Rastall in his Exposition of words Hors de son fee is an exception to avoid an action brought for rent issuing out of certain land by him that pretendeth to be the Lord or for some customes and services for if he can justifie that the land is without the compasse of his fee the action falleth v. Brook hoc titulo Hospitallers Hospitalarii were certain knights of an Order so called because they had the care of hospitals wherein Pilgrimes were received To these Pope Clement the fifth transferred the Templers which Order by a Council held at Vienna in France he suppressed for their many and great offences as he pretended These Hospitallers be now the knights of Saint John of Malta Cassan Gloria mundi part 9. considerat 5. This constitution was also obeyed in Edward the seconds time here in England and confirmed by parliament Thom. Walsingham in hist Ed. 2. Stowes Annals ibidem These are mentioned an 13 Ed. 1. ca. 43. and an 9 Henrici 3. ca. 37. Hostelers Hostellarius cometh of the French Hosteler i. Hospes and signifieth with us those that otherwise we call In keepers anno 9 Ed. 3. stat 2. cap. 11. Hotchepot in partem positio is a word that commeth out of the Low-countries where Hutspot signifieth flesh cut into pretty pieces and sodden with herbs or roots not unlike that which the Romans called farraginem Festus Litleton saith that literally it signifieth a puding mixed of divers ingrediments but metaphorically a comixtion or putting together of lands for the equall division of them being so put together Examples you have divers in him fo 55. and see Britton fol. 119. There is in the Civil law Collatio bonorum answerable unto it whereby if a Child advanced by the Father in his life time do after his Fathers decease chalenge a Childs part with the rest he must cast in all that formerly he had received and then take out an equal share with the others Decollatio bonorum Ï€. lib. 37. titulo 6. House-bote is compounded of House and Bote i. compensatio It signifieth Estovers out of the Lords wood to uphold a tenement or house House-robbing is the robbing of a man in some part of his house or his booth or tent in in any fair or market and the owner or his wife children or servants being within the same for this is felony by anno 23 H. 8. cap. 1. and anno 3 Ed. 6. cap. 9. yea now it is felony though none be within the house anno 39 Eliz. cap. 15. See Burglary See West part 2. sym tit Inditements sect 67. HU Hudegeld significat qui tantiam trcnsgressionis illatae in servum transgredientem Fleta lib. cap. 47. Quaere whether it should not be Hindegeld Hue and Crie Hutesium Clamor come of two French words Huier and Crier both signifiing to shout or crie aloud M. Manwood parte 2. of his Forest laws cap. 19. num 11. saith that Hew is Latine meaning belike the Interâ—ection but under reformation I think he is deceived this signifieth a pursute of one having committed felony by the high-way for if the party robbed or any in the company of one murdered or robbed come to the Constable of the next Town and will
sub lege signifieth him that is in some franck pledge of whom take Bractons words li. 3. tract 2. ca. H. nu 5. Minor vero qui infra aetatem duodecim annorum fuerit utlagari non potest nec extra legem pont quiae ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae utlagari non potest quiae ipsa non est sub lege i. Inlowghe anglice sc in franco plegio sive decenna sicut masculus duodecim annorum ulterius c. Inlaughe significat hominem subjectum lege Fleta lib. 1. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the Kings protection and to the benefit or estate of a subject Bracton lib. 3. tract 2. cap. 14. nu 6 7 8. Britton cap. 13. Inmates are those that be admitted to dwell for their money jointly with an other man though in several rooms of his Mansion house passing in and out by one door and not being able to maintain themselves which are inquiral in a Leet Kitchin fol. 45. where you may read him at large who be properly Inmates in intendment of law and who not Imprison anno 18. Ed. 3. statu 4. cap. unico seemeth to signifie so much as an attempt comming of the French Empris which is all one with Enterpris an enterprite Inquirendo is an authority given to a person or persons to inquire into something for the Kings advantage which in what cases it lyeth see the Register original fol. 72.85.124.265.266.179.267 Inquisition Inquisitio is a maner of proceeding in matters criminal by the office of the Judge which Hostiensis defineth thus Inquisitio nihil aliud est quam alicujus criminis manifesti ex bono aequo Judicis competentis canonice facta investigatio ca. qualiter de accusatio in the Decretales this course we take here in England by the great inquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with us used for the King in temporal causes and profits in which kind it is confounded with Office Stawnford praerogativ fol. 51. See office Inrolement Irrotulatio is the Registring recording or entring of any lawful act in the Rolles of the Chancerie as recognisance acknowledged or a Statute or a Fine levied See West parte 2. symbol titulo Fines Sect. 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kind of Thieves in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that liberty did receive in such booties of cattel or other things as the out parters brought in unto them See Out parters Interdiction Interdictio is used in the Common law in the same signification that it hath in the Canon law where it is thus defined Interdictio est censura ecclesiastica prohibens administrationem divinorum c. quod in te de poenitent remiss in the Decretals and thus is it used an 24. H. 8. ca. 12. Interpleder See Enterpleder Intrusion intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est ubi quis cui nullum jus competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem jacentem antequam adita fuerit ab haerede vel saltem à domino capitali ratione custodiae vel ratione eschaetae si forte haeredes non existant vel si post mortem alicujus per finem factum â—â—l per modum donationis ubi successio sibi locum vendicare nonpossit vel si post mortem alicujus qui tenuit ad vitam debeat tenemen um reverti ad proprietarium ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex praedictis causis with whom agreeth Fleta lib. 4. cap. 30. sect 1. 2. See Britton cap. 65. to the same effect See the new book of Entries verb. Entrusion See Entrusion See Disseisin the Author of new Terms of law would have intrusion especially after the tenant for life is deceased Verbo Abatement and abatement in all other cases But I find not any Latine word for Abatement but intrusio so that 1 rather think these two English words to be Synonyma and Fleta cap. supra citato seemeth direct against this his opinion Intrusione is a Writ that lyeth against the Intruder Regist fol. 233. Inventarie inventarium is a description or repertory orderly made of all dead mens goods and Cattels prized by four credible men or more which every Executor or Administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Symb. lib. 2. sect 696. where likewise you may see the form This Inventary proceedeth from the Civil Law for whereas by the antient Law of the Romans the Heir was tyed to answer all the Testators debts by which means heritages were prejudicial to many men and not profitable Justinian to encourage men the better to take upon them this charitable office ordained that if the Heir would first make and exhibite a true Inventary of all the Testators substance comming to his hand he should be no further charged than to the value of the Inventary l. ult Cod. de Jure deliberando Invest investire commeth of the French word Invester and signifieth to give possession Hear Hotoman de verbis feudalibus verbo Investitura Investitura barbarum nomen barbaricam quoque rationem habet Nam ut ait Feudista lib. 2. tit 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with us we use likewise to admit the Tenant by delivering them a verge or rodd into their hands and ministring them an oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure JO Joynder is the coupling of two in a sute or action against another Fitzh nat br fol. 118. H. 201. H. 221. H. in many other places as appeareth in the Index verbo Joynder Joynt tenants fimul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hold Lands or Tenements by one title pro indiviso or without partition Littleton lib. 3. cap. 3. and Terms of Law See Tenants in common Joyning of issue Junctio exitus See Issue Joynture Junctura is a covenant whereby the husband or some other friend in his behalf assureâ—h unto his wife in respect of mariage lands or tenements for term of her life or otherwise See West part 2. Symbol lib. 2. titulo Covenants sect 128. and the new exposition of the law Terms It seemeth to be caled a Joynture either because it is granted ratione juncturae in matrimonio or because the land in Frank mariage is given
joyntly to the Husband and the Wife and after to the Heirs of their bodies whereby the Husband and Wife be made joynt tenants during the coverture Coke lib. 3. Butler and Bakers case f. 27. b. See Frank mariage Joynture is also used as the abstract of Joynt tenants Coke lib. 3. the Marquess of Winchesters Case fol. 3. a. b. Junctura is also by Bracton and Fleta used for joyning of one bargain to another Fleta lib. 2. cap. 60. touching the self-same thing and therefore joynture in the first signification may be so called in respect that it is a bargain of livelihood for the wife adjoyned to the contract of mariage Journ Choppers anno 8 Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarn were in those daies called journ I cannot say but Choppers in these dayes are well known to be changers as choppers of Churches c. Journeyman commeth of the French Journee that is a day or dayes work which argueth that they were called Journeymen that wrought with others by the day though now by Statute it be extended to those likewise that covenant to work in their occupation with another by the year anno quinto Elizabeth cap. quarto IS Issue Exitus commeth of the French Issir i. emanare or the Substantive Issue i. exitus eventus It hath divers applications in the common Law sometime being used for the children begotten between a man and his wife sometime for profits growing from an amercement or fine or expences of sute sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of matter depending in sute whereupon the parties joyn and put their cause to the trial of the Jury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage between the Parents the profits growing to the King or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the trial of twelve men is the effect of pleading or processe Issue in this last signification is either general or special General issue seemeth to be that whereby it is referred to the Jury to bring in their verdict whether the Defendant have done any such thing as the Plaintiff layeth 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 and if a man complain of a private wrong which the Defendant denieth and pleads no wrong nor disseisin and this be referred to the 12. it is likewise the General issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. The Special issue then must be that where special matter being alleged by the Defendant for his defence both the parties joyn thereupon and so grow rather to a Demurrer if it be quaestio Juris or to tryal by the Jury if it be quaestio facti See the new Book of Entries verbo Issue JU Juncture See Joynture Jure patronatus See the new Book of Entries verbo Jure patronatus in quare impedit fol. 465. col 3. Jurie Jurata commeth of the French Jurer i. jurare it signifieth in our Common law a company of men as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question Of which trial who may and who may not be empanelled see Fitzh nat brev fol. 165. D. And for better understanding of this point it is to be known that there be three manner of trials in England one by Parliament another by Battel and the third by Assize or Jury Smith de Repub. Anglorum lib. 2. cap. 5 6 7. touching the two former read him and see Battel and Combat and Parliament the trial by Assise be the action civil or criminal publike or private personal or real is referred for the fact to a Jury and as they find it so passeth the Judgement and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations you may read in Glanvil lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum quo vitae hominum Status integritats tam salubriter consulitur ut in jure quod quis in libero soli tenemento possidet retinendo duelli casum declinare possint homines ambiguum c. see the rest This Iury is not used only in Circuits of Justices Errant but also in other Courts and matters of Office as if the Escheatour make inquisition in any thing touching his Office he doth it by Jury or Inquest if the Coroner inquire how a subject found dead came to his end he useth an Inquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bayliff of a Hundred the Steward of a Court Leet or Court Baron if they inquire of any offence or decide any cause between party and party they doe it by the same manner So that where it is said that all things be triable by Parliament Battel or Assise Assise in this place is taken for a Jury or Enquest empanelled upon any cause in a Court where this kind of trial is used and though it be commonly deemed that this custom of ending and deciding causes proceed from the Saxons and Britons and was of favour permitted unto us by the Conquerour yet I find by the grand Customarie of Normandy cap. 24. that this course was used likewise in that Country For Assise is in that Chapter defined to be an assembly of wise men with the Bayliff in a place certain at a time assigned forty dayes before whereby Justice may be done in causes heard in the Court. Of this custom also and those Knights of Normandie Johannes Faber maketh mention in the Rubrique of the Title de militari testamento in Institut this Jury though it appertain to most Courts of the Common law yet is it most notorious in the half-year Courts of the Justices errants commonly called the great Assises and in the quarter Sessions and in them it is most ordinarily called a Jury And that in civil causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron the Homage In the general Assise there are usually many Juries because there be store of causes both civil and criminal comonly to be tried whereof one is called the Grand Jury and the rest Petit Juries whereof it seemeth there should be one for every Hundred Lamb. Eirenar lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordinarily of 24. grave and substantial Gentlemen or some of them Yeomen chosen indifferently out of the whole Shire by the Sheriff to consider of all Bils of Inditement preferred to the Court which they doe either approve by writing upon them these
quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis terminandum durante bene-placito nostro Teste c. And Bracton in the place now recited speaking of the Common Plees saith that Sine Warranto jurisdictionem non habet which I think is to be understood of a Commission under the great Seal This Court was first called the Kings Bench because the King sat as Judge in it in his proper Person and it was moveable with the Court. See anno 9 H. 3. cap. 11. More of the jurisdiction of this Court see in Crompton ubi supra See Kings Bench. The oath of the Justices see in the Statute anno 18 Edw. 3. stat 4. See Oatb Justice of common plees Justiciarius communium placitorum is also a Lord by his Office and is called Dominus Justiciarius communium placitorum and he with his assistants originally did hear and determine all causes at the Common law that is all civil causes between common persons as well personal as real for which cause it was called the Court of Common Plees in opposition to the Plees of the Crown or the Kings Plees which are special and appertaining to him only Of this and the Jurisdiction hereof see Cromptons jurisdiction fol. 91. This Court was alwayes setled in a place as appeareth by the Statute anno 9 H. 3. cap. 11. The oath of this Justice and his Associates see anno 18 Edw. 3. Stat. 4. See Oath Justice of the Forest Justiciarius Forestae is also a Lord by his Office and hath the hearing and determining of all offences within the Kings Forest committed against Venison or Vert of these there be two whereof the one hath jurisdiction over all the Forests on this side Trent the other of all beyond The chiefest point of their Jurisdiction consisteth upon the articles of the Kings Charter called Charta de Foresta made anno 9 H. 3. which was by the Barons hardly drawn from him to the mitigation of over cruel ordinances made by his predecessors Read M. Camdens Brit. pag. 214. See Protoforestarius The Court where this Justice sitteth and determineth is called the Justice seat of the Forest held every three years once whereof you may read your fill in M. Manwoods first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Justice in Eyre of the Forest See the reason in Justice in Eyre This is the only Justice that may appoint a Deputy per statutum anno 32 H. 8. cap. 35. Justices of Assise Justiciarii 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 the ground of which polity was the ease of the Subjects For whereas these actions passe alway by Jury so many men might not without great hinderance be brought to London and therefore Justices for this purpose were by Commission particularly authorised and sent down to them And it may seem that the Justices of the Common Plees had no power to deal in this kind of businesse until the statute made anno 8 Richard 2. cap. 2. for by that they are enabled to take Assises and to deliver Gaols And the Justices of the kings Bench have by that Statute such power affirmed unto them as they had one hundred years before that Time hath taught by experience that the better sort of Lawyers being fittest both to judge and to plead may hardly be spared in term time to ride into the Countrey about such businesse and therefore of later years it is come to passe that these commissions ad capiendas Assisas are driven to these two times in the year out of term when the Justices and other may be at leasure for these Controversies also wherupon it is also fallen out that the matters wont to be heard by more general Commission of Justices in Eyr are heard all at one time with these Assises which was not so of old as appeareth by Bracton l. 3. c. 7. 2. nu Habet etiam Justiciarios itinerantes de Comitatu in Comitatum quandoque adomnia placita quandoque ad quaedam specialia sicut Assisas c. et ad Gaolas deliberandas quandoque ad unicam vel duas non plures And by this means the Justices of both Benches being justly to be accounted the fittest of all others others their Assistants as also the Sergeant at law may be imployed in these affaires who as gravest in years so are they ripest in judgement and therefore likest to be void of partiality for being called to this dignity they give over practice anno 8 R. 2. cap. 3. but this alway to be remembred that neither Justice of either Bench nor any other may be Justice of Assise in his own Countrey anno 8 R. 2. cap. 2. anno 33 H. 8. cap. 24. Lastly note that in these dayes though the self same men disparch businesse of so divers natures and all at one time which were wont to be performed by divers and at severall times yet they doe it by several commissions Cromptons jurisdictions fol. 210. For those who be in one word called Justices of Circuit and twice every year passe by two and two through all England have one Commission to take Assises another to deliver Gaols another of Oyer and Terminer That Justices of Assise and Justices in Eyre did antiently differ it appeareth anno 27 Ed. 3. cap. 5. and that Justices of Assise and Justices of Gaol delivery were divers it is evident by anno 4 Ed. 3. cap. 3. The oath taken by Justices of Assise is all one with the oath taken by the Justices of the Kings Bench. Old abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of Oyer and Terminer Justiciarii ad audiâ—ndum Terminandum were Justices deputed upon some especial or extraordinary occasion to hear and deter mine some or more causes Fitzherbert in his natura brevium saith that the Commission a'Oyer and Terminer is directed to certain persons upon any great assembly insurrections hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely weighed is provided by the Statute anno 2 Ed. 3. cap. 2. that no such commission ought to be granted but that they shall be dispatched before the Justices of the one Bench or other or Justices errants except for horrible trespasses and that by the special favour of the King The form of this commission see in Fitzh natur brev fol. 110. Justices in Eyre Justiciarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis itineribus proverbially spoken the use of these in antient time was to send them with Commission into divers Counties to hear such causes especially as were termed the Plees of the Crown and therefore I must imagine they were so sent abroad for the ease of the Subjects who must else have been
Chief Justice of England with three or four Justices assistants four or five as Fortescue saith cap. 51. and Officers thereunto belonging the Clerk of the crown a Praenatory or Protonotary and other six inferior Ministers or Atturneys Camb. Britan. pag. 112. See Latitat How long this Court was moveable I find not in any Writer But in Brittons time who wrot in K. Ed. the 1. his dayes it appeareth it followed the Court as M. Gwin in his said preface well observeth out of him See Justice of the Kings Bench. Kings silver is properly that money which is due to the King in the court of Common Plees in respect of a licence there granted to any man for passing a fine Coke vol. 6. fol. 39. a. 43. b. Kintall of woad iron c. is a certain waight of Merchandize to the value of an hundred or somthing under or over acording to the divers uses of sundry nations This word is mentioned by Plowden in the case of Reniger Fogassa KN Knave is used for a man-servant anno 14 Edward 3. stat 1. ca. 3. and by M. Verstigans judgement in his restitution of decayed intelligence ca. 10. is borrowed of the Dutch enapa cnave or knave which signifie all one thing And that is some kind of officer or servant as scild-knapa was he that bore the weaon or shield of his superiour whom the Latins call Armigerum and the Frenchmen Escuyer Knight miles is almost one with the Saxon Cnight i. administer and by M. Camdens judgement pag. 110. derived from the same With us it signifieth a Gentleman or one that beareth arms that for his vertue and especially martiall prowesse is by the King or one having the Kings authority singled as it were from the ordinary sort of Gentlemen and raised to a higher account or step of dignity This among all other Nations hath his name from the horse because they were wont in antient time to serve in warres on horseback The Romans called them Equites The Italians at these dayes term them Cavallieri The Frenchmen Chevalliers The German Reiters The Spaniard Gavellaros or Varones à Cavallo It appeareth by the Statute anno 1 Ed. 2. cap. 1. that in antient times Gentlemen having a full Knights fee and holding their land by Knights service of the King or other great person might be urged by distress to procure himself to be made knight when he came to mans estate for the answerable service of his Lord in the kings wars To which point you may also read M. Camden in his Britann pag. 111. But these customs be not now much urged this dignity in these dayes being rather of favour bestowed by the Prince upon the worthier sort of Gentlemen than urged by constraint The manner of making knights for the dignitie is not hereditarie M. Camden in his Britan. pag. 111. shortly expresseth in these words Nostris verò temporibus qui Equestrem dignitatem suscipit flexis genibus educto g'adio leviter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Chevalier au nom de Dieu id est Surge aut Sis eques in nomine Dei The Solemnity of making knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the privileges belonging to a Rnight in Ferns Glorie of Generosity pag. 116. Of these Knights there be two sorts one Spiritual another Temporal Cassanaus in gloria mundi parte 9. Considerat 2. of both these sorts and of many subdivisions read him in that whole part The Temporal or second sort of Knights M. Fern in his Glory of generosity pag. 103. maketh threefold here with us Knights of the Sword Knights of the Bath and Knights of the Soverain Order that is of the Garter of all which you may read what he saith I must remember that mine intent is but to explain the terms especially of our common Law Wherefore such as I find mentioned in Statutes I will define as I can M. Skene de verbor significat verbo Milites saith that in the antient Laws of Scotland Freeholders were called Milities which may seem to have been a custom with us also by divers places in Bracton who saith that Knights must be in Juries which turn Freeholders do serve Knights of the Garter Equites Garterii are an Order of Knights created by Edward the third after hee had obtained many notable victories King John of France and King James of Scotland being both his prisoners together and Henry of Castile the Bastard expulsed out of his Realm and Don pedro being restored unto it by the Prince of Wales and Duke of Aquitane called the Black Prince who for furnishing of this Honourable Order made a choice out of his own Realm and all Christendome of the best and most excellent renowned Knights in Vertues and Honour bestowing this dignity upon them and giving them a Blew Garter decked with Gold Pearl and precious Stones and a Buckle of Gold to wear daily on the left legge only a Kirtle Crown Cloak Chaperon a Coller and other stately and magnifical apparel both of stuff and fashion exquisite and heroical to wear at high Feasts as to so high and Princely an Order was meer Of which order he and his successours Kings of England were ordained to be the Soveraigns and the rest fellows and brethren to the number of twentie six Smith de Repub. Anglo lib. prim cap. 20. I have seen an antient monument whereby I am taught that this Honorable Company is a College or a Corporation having a Common Seal belonging unto it and consisting of a Soveraign Gardian which is the King of England that alwayes governs this order by himself or his Deputy of twenty five Companions called Knights of the Garter of fourteen secular Chanons that be Priests or must be within one year after their admission 13. Vicars also Priests and 26. poor Knights that have no other sustenance or means of living but the allowance of this house which is given them in respect of their daily Prayer to the Honour of God and according to the course of those times of Saint George There be also certain officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bishop of Winchester for the time being the Chancellor of the Garter the Register who is alwaies Dean of Windsor The principal King at Armes called Garter whose chief function is to mannage and marshal their Solemnities at their yearly Feasts and installations Lastly the Usher of the Garter which as I have heard belongeth to an Usher of the Princes Chamber called Blacke rod. There are also certain ordinances or Constitutions belonging unto this Society with certain forfeitures and sometime penances for the breakers of them which constitutions concern either the Solemnities of making these Knights or their duties after their creation or the Privileges belonging to so high an order but are too large for the nature of this poor Vocabularie
Cum Vicecomiti nostro Middlesexiae nupar praeceperimus quod caperct Thomam T. Willielmum W. si invents fuissent in Baliva sua eos salvo custodiret ita quòd haberet copora eorum coram nobis apud Westminster die Veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito transgressionis cumque Vicecomes noster Middlesexiae ad diem illum nobis returnaverit quod praedicti Tho. T. Willielmus W. non sunt iâ—venti inbaliva sua super quo ex parte praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Willielmus latitant discurrunt in Comitatu tuo Idcirco tibi praecipimus quod capias eas si inventi fuerint in baliva tua eos salvo custodias ita quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto de placito pradicto habeas ibi tunc hoc breve Teste Johanne Papham apud Westminster Roper Launcegay anno 7 Richard secundi cap. 13. Law lex commeth of the Saxon lah the general signification is plain only this I thought to note that the Law of this Land hath Leen variable For first Dunwallo Mulmutius otherwise Molincius a Britain that being Duke of Coâ—nwall reduced the whole Land formerly severed by civil wars into the State of a Monarchy made certain wholesome Laws which long after were called Mulmutius Laws and by Gyldas translated out of the British tongue into Latin Stow in his Annals p. 16. Of these there remain yet certain heads recorded by our Historiographers as followeth 1. Ut Deorum templa civitates hominum consequantur tantam dignitatem ne quis illo confugiens extrahi possit antequà m ab eo quem laeserat veniam impetraverit 2. Ut hujusmodi privâ—legium immunitatis habeant etiam ipsae viae qâ—â—â— ducunt ad templa ad urbes 3. Imo et jumenta quoque illa quae res rusticae subveniunt 4. Denique colonorum aratra ip sa tali praerogativa libertatis perfruantur 5. Hoâ— amplius ut ne qua terra vacaret culturâ— neve populus inopia rei frumentariae premeretur aut â—a miniseretur si pecora sola oecuparent agros qui ab hominibus coli debent 6. Constituit quot aratra quaelibet dioecesis haberet ac poenam statui iis per quos illâ— numerus aratrorum foret dimunitus 7. Item vetuit bovem aratorem pro debito pecuniae assignari debitoribus si alia bona debitoris essent Itae fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid earum rerum quas natura praebet hominibus usquam deesse passet Rich. Vitus historiarum Britannâ—a l. 3. n. 1. And of these Laws we find no obscure remanets in our laws now in use See Mag na Charta cap. 1. et cap. 14. See Sanctuary See Peace Then was there a Law called Merchenlage whereby the Mercians were governed being a Kingdom in the heart of the Land containing those Countries that be now called Northampton shire Leicester-shire Rutland-shire Lincoln-shire Nottingham-shire and Derby-shire Camden Britan. pag. 94. whose power was great in the Heptarchie of the Saxons untill at the last they were conquered by the West Saxons and made subject to them Polydor. in Angl. Hist lib. 5. But whereas the name of these Laws favoureth of the Saxons time it is reported by others that Martia a very learned Queen wife to Quintelinus a Britton King was the Author of them long before the Saxons set foot into England Rich. Vitus histo Brittan li. 3. num 14. who also saith that Alfrea the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the law of the West Saxons called West Saxenlage and the law of the Danes when they set foot into the Realm called Denelage And of these Laws Edward made one Law as some write whereby he ruled his Kingdom But M. Camden ubi supra speaking nothing of Mulmutius laws saith out of Gervasius Tilburiensis that of the other three William the Conqueror chose the best and to them adding of the Norman laws such as he thought good he ordained laws for our kingdome which we have at this present or the most of them Law hath an especial signification also wherin it is taken for that which is lawful with us not else where As tenent by the courtesie of England an 13 Ed. 1. c. 3. and again to wage Law vadiare legem and to make law facere legem Bracton l. 3. tract 2. c. 37. is to challenge a special benefit that the Law of this Realm affordeth in certain cases whereof the first sc vadiare legem is to put in security that he will make law at a day assigned Glanvile lib. 1. cap. 9. and to make law is to take an oath that he oweth not the debt challenged at his hand and also to bring with him so many men as the Court shall assign to avow upon their oath that in their Consciences he hath sworn truly And this law is used in actions of debt without specialty as also where a man comming to the Court after such time as his Tenements for default be seised into the Kings hands will deny himself to have been summoned Glanvile l. b. 1. cap. 9. 12. And see Bracton ubi supra num 1. v. Kitchin fol. 164. See the new exposition of law Terms verbo Ley this is borrowed from Normandâ— as appeareth by the Grand Customary cap. 85. But Sir Edward Cook saith it springeth originally from the Judicial law of God lib. 4. of his Reports Slades Case fol. 95. b. alleging the 22 Chapter of Exodus verse 7. Whether so or not the like Custome is among the Feudists by whom they that come to purge the Defendant are called Sacramentales libro Feud 1. titulo 4. sect 3. titulo 10. titulo 26. Law of Arms jus militare is a Law that giveth precepts and rule how rightly to proclame war to make and observe leagues and truce to set upon the enemie to retire to punish offendors in the Camp to appoint souldiers their pay to give every one dignity to his desert to divide spoyls in proportion and such like for farther knowledge whereof read those that write de â—re belli Law day signifieth a Leet Cromptons jurisdict fol. 160. and the County Court anno 1 Edw. 4. cap. 2. Lawles man is he qui est extra legem Bracton lib. 3. tract 2. cap. 11. num prim See Outlaw Law of Marque See Reprisalls This word is used anno 27 Edw. 3. stat 2. cap. 17. and groweth from the German word March i. limes a bound or limit And the reason of this appellation is because they that are driven to this law of reprisall do take the
Marque See Marque and law of Marque See Reprisals See an 14. Hen. 6. cap. 7. Letters patents of summons for debt anno 9. H. 3. cap. 18. Levy Levare cometh of the French Lever i. allevare attollere It is used in our Common law for to set up any thing as to levie a mill Kitchin fol. 180. or to cast up as to levie a ditch Old nat br fol. 110. or to gather and exact as to levie money See Levarifacias LI Libell Libellus literally signifieth a litle book but by use it is the originall declaration of any action in the civill law an 2 H. 5. cap. 3. anno 2 Ed. 6. ca. 13. It signifieth also a criminous report of any man cast abroad or otherwise unlawfully published in writing but then for difference sake it is called an infamous libel famosus libellus Libello habendo See Copia libelli deliberanda Libera Chasea habenda is a writ Judicial granted to a man for a free chace belonging to his Manor after he hath by a Jury proved it to belong unto him Register Judicial fol. 36. 37. Liberate is a warrant issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payments of any annuall pension or other sums granted under the broad Seal v. Brooke titulo Taile d'Exchequer nu 4. Reg. orig fol. 193. a. b. or somtime to the Sheriff c. nat br fol. 132. for the delivery of any lands or goods taken upon forfeits of Recognisance Fitz. nat br fol. 131 132 v. Coke lib. 4. Fulwoods case fo 64 66. 67. It is also to a Jayler from the Justices for the delivery of a Prisoner that hath put in bail for his appearance Lamb. Eiren. lib. 3. ca. 2. Libertate probanda is a writ that lieth for such as be challenged for Slaves and offer to prove themselves free to the Sheriff that he take security of them for the proving of their freedome before the Justices of Assise and provide that in the mean time they be quiet from their vexations that challenge them for Slaves Fitzh nat brev fol. 77. See Nativo habendo Libertatibus allocandis is a writ that lieth for a Citizen or Burgesse of any City that contrarily to the liberties of the Citie or Town whereof he is is impleaded before the Kings Justices or Justices errants or Justice of the Forest c. that refuseth or deferreth to allow his privilege Origi Regist fol. 262. Fitz. nat br fol. 229. Libertatibus exigendis in itinerè is a writ whereby the King willeth the Justices in Eyre to admit of an Atturney for the defence of another mans liberty c. before them Regist orig fol. 19. b. Libertas lbertas is a privilege held by grant or prescription whereby men enjoy some benefit or favor beyond the ordinarie subject Liberties royal what they be see in Bracton lib. 2. cap. 5. Broke hoc titulo See Franchise Librata terrae containeth four Oxegans and every Oxegange 13. Aâ—â—s Skene de verb. signif verbo Bovata terra See Farding deal of land Licence to goe to election Licentia eligendi Regist fol. 294. See Conge d'eslire Licence to arise licentia surgendi is a liberty given by the Court to a tenent that is essoined de malo lecti in a real action For the law is that in this case he may not arise out of his bed or at least go out of his chamber untill he have been viewed by Knights thereunto appointed and so upon view of his sicknesse have a day assigned him to appear or else lie until he be licensed by the Court to arise And the reason of this is as I take it because it may appear whether he caused himself to be essoined deceitfully yea or not and therefore if the Demandant can prove that he be seen out of his chamber walking up and down his grounds or else going abroad unto any other place before he be viewed or have license of the Court he shall be adjudged to be deceitfully essoined and to have made default Of this see Bracton lib. 5. tract 2. ca. 7 10 and 12. and Fleta li. 6. ca. 10. Horn in the second book of his Mirrour ca. des Essoynes saith that the adverse party may grant licentiam surgendi to his adversary thus essoyned And if he will not the king upon just cause may Licentia surgendi is the writ whereby the Tenent essoined de malo lecti obtaineth liberty to rise See License to arise See the Register fo â— Licentia transfretandi is a writ or warrant directed to the keepers of the port at Dover c. willing them to let some passe quietly over sea that hath formerly obtained the kings license thereunto Register original fol. 193. b. Lieutenent locum tenens is a French word signifying as much as Legatus It is compounded of lieu id est locus and tenir id est tenere It signifieth with us him that occupieth the Kings place or representeth his person as the Lieutenent of the kings of Ireland anno 4. H. 4. cap. 6. So it is used an 2 3 Edward 6. cap. 2. whence that officer seemeth to take his beginning But I read also in Master Manâ— woods first part of Forest laws pag. 113. that the Lord chief Justice in Eyre of the Forest and the chief warden also have their lieutenents in the forest So that though a Lieutenant be most ordâ—nary and most properly used for the deputy of a king yet is it somtime extended to their deputies that be but lieutenants to the King Lieutenent of the ordinance anno 39 Eliza. cap. 7. Liege ligius is a word borrowed from the Feudists and hath two several significations in our common Law sometime being used for Liege Lord an 34 35 H. 8. cap. 1. and an 25 ejusdem cap. 3. and somtime for Liege man an 10 R. 2. ca. 1. and an 11 ejusdem cap. 1. Liege-lord is he that acknowledgeth no superiour Duarenus in commentar de Consuctud n. Feudorum cap. 4. nu 3. Liegeman is he that oweth legeancie to his Liege lord Master Skene de verbo signif verbo Ligeantia saith that it is derived from the Italian word Liga i. a Band league or obligation In whom read more of this matter Ligeancie is such a duty or fealty as no man may owe or bear to more than one Lord. Jdem eodem num 4. I find also this definition of ligeancie in the graund Custumary of Normandie ca. 13. Ligeantia est ex qua domixo tenentur vasalli sui contra omnes homines qui mori possunt vivere proprii corporis praeberi consilsi auxilii juvamentum ci se in omnibus innocuos exhibere nec ei adversantinm partem in aliquo confovere Dominus etiam eosdem tenetur regere protegere defensare eosque secundum ura consuetudines leges patriae pertractare This is otherwise called legietas
Cassand de Consustud Burgund pag. 420 421. This word is used in the Statutes of our realm as the Kings liege people anno 14 Hen. 8. ca. 2. Of the oath of legeancy Jacobutius de Franchis in praeludio Feudorum ca. 2. num 138 hath these words Praestatur hoc ligeum homagium in manibus regis vel Imperatoris genibus flexis positis manibus junct is in manibus Domini dicendo Ego juro homagium tibi Domin ut ae modo sim homo ligeus vester contra omnem hominem qui potest vivere verba sunt pulchra Andr. de Isern in cap. 1. in verbo Omnem Colum. prima de novo forma fidelita hoc ligenm homagium videmus praestari domino Regi tantum quiacùm per id efficiatur homo solius illius cui juratur ut dixit Hostiensis in ca. ex diligenti de Symon alunon potest praestari i. quia illius solius esse similiter non potest non n. esse potest duorum in solidum l. si ut certo § si duobus vehiculum Ï€. commodati secundùm And. in dicto ca. 1. § omnem et Bald. hic in 7 divis Alvar. in 13. divisione Non ligeum verò dicitur quando quis jurat fidelitatom Domino excepta aliqua persona viz Domino superiori vel antiquiore Hactenus Jacobutius where you may read more touching this point As also in Hotomans Disputations De Feudis pag. 816 fol. 829. c. Ligeance Ligeantia see Liege It somtime signitieth the dominions or territoritie of the liege Lord as anno 25 Ed. 3. stat 2. Children born out of the liegeance of the King Lierwâ—test mulcta adulteriorum Fleta li. 1. ca. 47. It is used for a liberty whereby a Lord challengeth the penaltie of one that lieth unlawfully with his bondwoman see Lotherwit Limitation of assise limitatio assisae is a certain time set down by Statute wherein a man must allege himself or his auncestourto have been seised of lands sued for by a writ of Assise See the Statute of Merton cap. 8. an 20 Hen. 3. and Westm. 1. ca. 38. and anno 32. H. 8. ca. 2. an 1. M. 1. pag. ca. 5. See also Theloals Digest of writs li. 10. ca. 2. So it is used in Old Nat. Br. fol. 77. in these words The writ de consuetudinibus et servitiis lyeth where I or mine auncestours after the limication of Assise were not seised of the Customes c. But before the Limitation of Assise we were seised c. Lindwood was a Doctor of both Civil and Canon Laws and Dean of the Arches he was Embassadour for Henry the fifth into Portugal anno 1422. as appeareth by the preface to his Commentary upon the Provincials Litleton was a Lawyer of great account living in the dayes of King Edward the fourth as appeareth by Stawnf praerogat ca. 21. fo 72. He wrote a book of great account called Litletons Tenure which Hotoman in his Commentary de verbis Feudalibus verb. Foedum thus commmendeth Stephanus Pasquerius excellentivir ingenio inter Parisienses causidicos dicendi facultate praestans libellum mihi Anglicanum Litletonum dedit quo Feudorum Anglicorum jura exponuntur ita inconditè absurte et inconcinnè scriptum ut facilè appareat verum esse quod Polydor. Virgilius in Anglica Historia scribit stulsitiam in eo libro cum malisia et caluminiandi studio certare Literae ad faciendum attornatum pro secta facienda See in the Register original fol. 172. Literae de annua pensione eodem 266 307. Litera patens ad faciendum generalem atturnatum quia infirmus eodem fo 21. Litera per quam Dominus remittit curiam suam Regi cod fol. 4. Literae de requestu eodem fol. 129. Literaet Canonici ad exercendam jurisdictionem loco suo fo 305. Literae patentes ad conferendum Beneficia domino in remotis agente fol. 305. Literae adinnotescendum recuperationem Regis de ecclesia omnibus quorum interest fol. 305. Literae patentes Regis quod Abbas ad totam vitam suam possit facere Attornatos generales fol. 21. Literae procuratoriae fol. 205 306. Literae Regiae deprecatoriae pro annua pensione fol. 307. All these you may see in their places and understand the meaning of them as occasion shall require Livery Liberatur is drawn from the French livre i. insigne gestamen Centuriale discrimen nota Centurialis turmalis Or else from livrer id est tradere and accordingly hath three significations in one it is used for a suit of Cloath or other stuff that a Gentleman giveth in Coats Cloaks Hats or Gowns with Cognisance or without to his Servants or followers Anno 1 Rich. 2. cap. 7. et anno 20. ejusdem cap. 1 et 2. and anno 7 Hen. 4. cap. 14. and anno 8 Edw. 4. cap. 2. et anno 7 ejusdem cap. 14. and anno 13 ejusdem cap. 3. and anno 8 H. 6. ca. 4. and anno 8 Ed. 4. cap. 3. and anno 3 H. 7. cap. 1. 12. and anno 11 e usdena cap. 3. and anno 19 ejusdem cap. 14. In the other signification it betokeneth a delivery of possession unto those Tenents which hold of the King in Capite or in Knights service for the King by his prerogative hath primier seysini or the first possession of all lands and tenements so holden of him anno 52 Henry 3. cap. 16. and an 17 Ed. 2. cap. 3. that is when any such Tenant dyeth the King forthwith entreth and holdeth it untill the Heir do his homage and so pray this land to be delivered unto him Which act in the King is called Livery and Livery in this signification is either general or special Stawnf praerogat fol. 12. et cap. 3. Livery general seemeth to be that which is made in general words and therefore may easily be missued Livery special is that which containeth in it a pardon of oversights committed by the Tenent in suing out his Livery by which pardon the missuing is dispenced with Stawnf pag. 67. ca. Travers 20. See the Institutes and grounds of the Common law Chapter the thirtieth of general and special Liveries Liverie in the third signification is the writ which lyeth for the Heir to obtain the possession or seisin of his Land at the Kings hands Which see in Fitz. nat brev fol. 155. Livery of seisin deliberatio seisinae is a delivery of possession of Land or Tenement or other things corporeal for of things incorporeal no Livery of seisin may be unto one that hath right or a probality of right unto them For as Bracton saith Traditio debet esse vestita et non nuda sc quod traditione praeced at vera causae vel idputativa qua transeat Dominicum Lib. 2. cap. 18. nu 3. West parte 1. symbol li. 2. sect 169. calleth this a Ceremouy in the Common law used in the Conveyance of Lands or Tenements c. where you may
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull 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 And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
emphyteusin ut culti et meliorati feudi jure à vasallis possiderentur In contractu autem vasalli nonnunquam incrementum i. melior ationem omnem sive recipsebant sive per culturam sive per inaedificationem ea melioratio fieret c. And Cassaneus de consuetnd Burg. pa. 1195 defineth it thus Mansus est quantum quis cum uno pari bonum laborare possit Proving it out of Bartolus in lib. si ita Ï€. de auro argen legato in fine ligis Read Master Skene de verb. signif verbo Mansus I read the Lacine word mansia in the same signification as namely in the Charter graunted by King Kanulphus to Ruchin the abbot of Abington which Sir Edward Cook setteth down in his book de Jure regis ecclesiastico Manslaughter homicidium is the unlawfull killing of a man without prepensed maice as when two that formerly meant no harm one to another meet together and upon some sudden occasion falling out the one killeth the other West parte 2. symb titulo Inditements sect 44. it differeth from murther because it is not done with foregoing malice and from chance-medly because it hath a present intent to kill And this is selony but admitteth Clergy for the first time Stawnf bl Cor. li. 1. ca. 9. and Britton cap. 9. It is confounded with murther in the Statute an 28 Ed. 3. ca. 11. Mantyle mantile commeth of the French manteau and signifieth with us a long robe an 24 H. 8. ca. 13. Manucaptio is a writ that lieth for a man who taken for suspition of felony and offering sufficient Bayl for his appearance cannot be admitted therunto by the Sheriff or other having bower to let to mainprise Fitz. nat brev fol. 249. See Mainprise How diversly it is used see the Register original in the Table Manuel manuelis is a thing whereof present profit may be made Stawnf praerog fo 54. And a thing not manuel is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission manumissio is a freeing of a Villein or slave out of his bondage The form of this in the time of the Conqueror Master Lambert in hi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth down in these words Si quis velit servum suum liberum facere tradat eum Vicecomiti per manum dexteram in pleno comitatu et quietum illum clamare debet à jugo servitutis suae per manumissionem et ostendat ei liberas portas et vias et tradat illi libera arma scilicet lanceam et gladâ—um et deinde liber homo efficitur Some also were wont to be manumitted by Charter of manumission Vide Brook titulo Villenage fol. 305. The new Expositour of Law Terms maketh two kinds of manumission one expressed another implyed Manumission expressed is when the Lord maketh a Deed to his Villein to infranchise him by this word Manumittere The manner of manumitting in old time was thus The Lord in presence of his neighbours took the bond-man by the head saying I will that this man be free and therwith shoved him forward out of his hand Manumission implyed is when the Lord maketh an obligation for payment of money to him at a certain day or sueth him where he might enter without sure or graunteth him an Annuity or leaseth land unto him by Deed for years or for life and such like Manutenentia is a writ used in case of maintenance Reg. original fo 182 et 189. See Maintenance Marches Marchia be the bounds and limits between us and Wales or between us and Scotland anno 24 Hen. 8. cap. 9. Camb. pag. 453 and 606. and the marches of Scotland are divided inâ—o West and middle Marches anno 4 Henr. 5. cap. 7. et anno 22 Edward 4. cap. 8. It seemeth to be borrowed from the German March i. limes Camdens Britan. pa. 27. or it may be from the French Marque id est signum being the notorious distinction of two divers countries or Territories It is used in the Statute anno 24 Hen. 8. cap. 12. generally for the precincts of the Kings dominions Marchers be the noble men dwelling on the Marches of Wales or Scotland who in times past as Camden sayth pag. 453 had their private laws much like as if they had been Kings which now be worn out Of these Marchers you may read anno 2 H. 4. ca. 18. et anno 26 Hen. 8. cap. 6. and anno 1 Edward 6. ca. 10. where they are called Lord Marchers See an 27 H. 8. ca. 26. how these were extinguished Mareshall Marescallus is a French word signifying as much as Tribunus scelerum or Tribunus militum with the antient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de nobilitate c. 8. p. 42. n. 17. The French word may seem also among many other that they have to proceed from the German Marschalk id est equitum magister which Hotomon in verbis feudalibus verbo Marschalkus deriâ—eth from the old word March signifying an house With whom agreeth Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus Others make it of these two Saxon words Mar id est equus and scalch id est praefectus Or as Master Verstegan faith from Mare the general appellation of all horses as Horse is now in English and Scalc which in the antient language of the Netherlanders he affirmeth to signifie a kind of servant as Scalco doth at this day among the Italians being originally a Dutch word With us there be divers officers of this name but one most noble of all the rest who is called Lord or Earl Marshal of England of whom mention is made in divers Statutes as an 1 H. 4. cap. 7 et 14. and anno 13 Ri h. 2. cap. 2. his office consisteth especially in matters of warr and Armes as well with us as in other Countries whereof you may read in Lupanus ubi supra and Tilius lib 2. cap. de Conestabili Mariscallo c. But he that would know the office of our Lord Marshal had need beside the few Statutes which concern him to read his Commission and also to have accesse to the Heraulds who out of their antiquities are able to discover much that by prescription belongeth unto this office The next to this is the Marshal of the Kings house whose especial authority is according to Britton and M. Gwin in the preface to his reading in the Kings place to hear and determine all plees of the Crown and to punish faults committed within the verge and to hear determine sutes between those of the Kings houshold and others within the verge Cromp. Jurisdictions f. 102. Of him you may read Fitz. nat br f. 241. b. an 18 Edward 3. stat 2. ca. 7. and an 27 Edw. 3. stat 2. ca. 6. and an 2 H. 4. c. 23. and an 15 H. 9. ca. 1. Fleta saith That the office of the Marshal of the
in Chancery to the L. Chancellor or L. Keeper of the Broad Seal in matters of Judgment Of these there be some ordinary and some extraordinary of ordinary there be twelve in number whereof some sit in Court every day throughout each Term and have committed unto them at the Lord Chancellors discretion the interlocutory report and sometimes the final determination of causes there depending Master of the Kings Musters is a Martial Officer in all royal armies most necessary as well for the maintaining of the Forces compleat well armed and trained as also for prevention of such frands as otherwise may exceedingly waste the Princes Treasure and extremely weaken the Forces He hath the oversight of all the Captains and Bands and ought to have at the beginning delivered unto him by the Lord General perfect Lists and Rolls of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord General for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the Statute anno 2 Edw. 6. cap. 2. and Muster master general anno 35 Eliz. cap. 4. who so desireth to read more of him let him have recourse to Master Digs his Stratioticos Master of the Wardrobe magister garderobae is a great and principal Officer in Court having his habitation and dwelling house belonging to that Office called the Wardrobe near Puddle wharfe in London He hath the charge and custody of all former Kings and Queens ancient robes remaining in the Tower of London and all Hangings of Arras Tapestrie or the like for his Majesties houses with the bedding remaining in standing Wardrobes as Hampton Court Richmond c. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for Liveries to any of his Majesties Servants of the Privy Chamber or others Mention is made of this Officer anno 39 Elizab. cap. 7. Matterin deed and matter of record are said to differ Old nat brev fol. 19. where matter in deed seemeth to be nothing elle but a truth to be proved though not by any Record and 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 and not matter of record And therefore saith the book 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 errour in the processe appearing upon the Record Kitchin fol. 216. maketh also a difference between matter of Record and a specialty and nude matter where he saith that nude matter is not of so high nature as either a matter of Record or a specialty otherwise there called matter in deed which maketh mee to think that nude matter is a naked allegation of a thing done to be proved only by witnesses and not either by Record or other specialtie in writing under Seal Maugre is shuffled up of two French words Mal and Gre i. animo iniquo it signifieth with us as much as in despight or in desof ones teeth as the wife maugre the husband Litleton fol. 124. that is whether the husband will or not ME Meane Medius signifieth 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 his recovery that is in the interim Of the second there is Lord Meane and Tenent See Mesn Mease Mesuagium seemeth to come of the French Maison or rather Meix which word I find in Cassanaeus de consuet Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansion it signifieth house Kitch fol. 239. and Fitz. nat br fo 2. C. See Mesuage Medlefe Cromptons Justice of peace fol. 193. is that which Bracton calleth medletum li. 3. tract 2. cap. 35. It seemeth to signifie quarrels scuffling or brawling and to be derived from the French mesler i. miscere turbare Meere Merus though an Adjective yet is it used for a Substantive signifying meere right Old nat br fol. 2. in these words And know yee that this Writ hath but two issues that is to say joyning the mise upon the meere And that is to put himself in the great assise of our Sovereign Lord the King or to joyn battel See Mise Mesurement See Admesurement Medietas linguae signineth an enquest empaneled upon any cause whereof the one half consisteth of Denizens the other of Stranggers It is called in English the half tongue and is used in Plees wherein the one party is a Stranger the other a Denizen See the Stat. an 28. Ed. 3. cap. 13. an 27. ejusdem stat 2. c. 8. commonly called the Statute of the Staple et an 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. anno 11 H. 7.21 anno 1. 2. Phil. et Mar. cap. 8. And 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 as Lombards Almaines c. Stawnford pl. cor lib. 3. cap. 7. Medio acquietando is a writ judicial to destrain a Lord for the acquitting of a mean Lord from a rent which he formerly acknowledgeth in Court not to belong unto him Register judicial fol. 29. b. Melius inquirendo is a writ that lieth for a second inquiry as what lands and tenements a man died seised of where partiall dealing is suspected upon the writ Diem clausit extremum Fitz. nat br fol. 255. Merchenlage was one of the 3. sorts of laws out of which the Conq. framed Laws unto us mingled with those of Normandie Camd. Brit. p. 94. who also p. 103. sheweth that in the yeer of our Lord 1016. this land was divided into three parts whereof the West Saxons had one governing it by the Laws called West Saxon Laws and that conteined these nine Shires Kent Southsex Southrey Barkeshire Hampshire Wiltshire Somerset Dorset and Devonshire The second by the Danes which was governed by the Laws called Denelage and that conteined these fifteen Shires York Darby Nottingham Liecester Lincolne Northampton Bedford Buckingham Hartford Essex Middlesex Northf Southf Cambridge Huntington The Third was ponessed and governed by the Mercians whose Law was called Merchenlage which were these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford See Law Mercy Miserecordia signifieth the arbitrement or descretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grievous mercie of the King anno 11 H. 6. cap. 6. is to be in hazard of a great penalty See Misericordia Measondue domus Dei cometh of the French maison de dieu by which names divers Hospitals are named You find the word anno 2 3. Philip et Mar. cap. 23. in fine
one with Brittons misaventure Homicide by chance mixed he defineth sect 50. to be when the killers ignorance or negligence is joyned with the chance as if a man loppe Trees by a high way side by which many usually travel and cast down a bough not giving warning c. By which bough a man passing by is slain Miscontinuance Kitchin fol. 231. See Discontinuance Mise misa is a French word signifying as much as expensum in Latine and the Latine word Misa is so used in Kitchin fol. 144. and in West parte 2. symb titulo Proceedings in Chancery Sect. 21. F. It is used anno 2. 3. Edw. 6. ca. 36. for a summ of money paid by the Kings tenents in certain Counties in Wales according to their several customs In the Statute 33 H. 8. c. 13. it is used plurally for certain cunumary gratuities sent to the Lord Marchers of Wales by their Tenents at their first comming to their lands And an 4. et 5. Ph. Mar. cap. 11. Mise is used in an action of right or property for the point whereupon the parties proceed to trial either by Assise or batel as issue is in an action personal if the Mise be upon battel Litleton fo 102. and in the Old nat br fol. 2. you have these words Know yee that this writ hath but two Issues that is to say joyning the mise upon the meer and that is to put himself into the great Assise of our Soveraign Lord the King or to joyn battel See anno 37 Ed. 3. ca. 16. To joyn the mise upon the meer is as much to say as to joyn the mise upon the cleer right and that in more plain termes is nothing else but â—o joyn upon this point whether hath the â—ore right the Tenent or Demandant Litleton lib. 3. cap. 8. fol. 101. b. This word in â—ome other place is used for a Participle signiâ—ing as much as cast or put upon in English which appeareth by Sir Edw. Cokes report in Stafsins case vol. 6. fol. 124. a. Misericordia is used in the Common law for an arbitrary punishment Bracton li. 4. tractat 5. cap. 6. in these words Item siquis in misericordiam inciderâ—t pro disseisina non remanebit misericordia exigenda si ille qui amiserit quaesiverit convictionem Kithin fol. 78. out of Glanvile saith thus Est autem misericordia quia quis per uramentum legalium hominum amerciatus est ne aliquid de suo honor abilicontenemento amittat Which saying you have in a maner word for word Glanv l. 9. ca. 11. Fitzh saith that it is called misericordia because ie ought to be very moderate and rather lesse than the offence according to the tenure of the great Charter cap. 14. This saith Fitzherbert in his nat brev in the writ de moderata misericordia fol. 75. A. I. Misericordia is to be quit of misericors that is discharged of all manner of amercements that may a man fall into within the Forest See M. Cromptons Jurisdictions fol. 196. See Amerciament See Mercie and Moderata misericordia Miskenning i. changing of speech in Court Saxon in the description of England ca. 11. Misnomer is compounded of the French mes which in composition alwaies signifieth as much as amisse and nomer i. nominare It signifieth in our Common law the using of one name for another or mis-terming â—roâ—e titulo Misnomer Misprision misprisio commeth of the French Mespris i. fastidium contemptus It signifieth in our Common law neglect or negligence or over-sight As for example misprision of treason or of felony is a neglect or light account shewed of treason or felony committed by not revealing it when we know it to be committed Stawnf pl. cor l. 1. ca. 19. which read at large or by letting any person committed for treason or felonie or suspition of either to goe before he be indited Also Misprision of Clerks anno 8 H. 6. ca. 15. is a neglect of Clerks in writing or keeping Records Thirdly anno 14 Ed. 3. ca. 6. stat prim by misprision of Clerks no processe shall be admitted Misprision of treason is the concealment or not disclosing of known treason for the which the offendours are to suffer imprisonmenâ— during the Kings pleasure lose their goods and the profits of their lands during their lives Crompton in his Justice of Peace cap. Misprision of felony fol. 40. West parte 2. symb titulo Inditements Sect. 63. in fine Misprision of felonie seemeth only finable by the Justices before whom the party is attainted Cromptons Justice of Peace ubi supra The Justices of the Common place have power to assess fines and amerciaments upon persons offending for misprisions contempts or negligences for not doing or mis-doing any thing in or concerning fines West parte 2. symbol titulo Fines Sect. 133. Justices of Assise shall amend the defaults of Clerks misprising of a Syllable or Letter or writing Cromptons jurisdictions fol. 20â— But it is to be noted that other faults may be accounted misprisions of Treason or Felony because certain latter Statutes do inflict that punishment upon themâ— hâ—t of old hath been inflicted upon misprisions wherof you have an example an 14 El. cap. 3. of such as coyn forein Coyns not current in this Realm and of their Procurers Aiders and Abetters And see the new exposition of Law-terms Misprision signifieth also a mistaking anno 14 Edw. 3. stat pri cap. 6. Misses See Mise Misuser is an abuse of liberty or benefit As he shall make fine for his misuser Old nat br fol. 149. Mystery mysterium commeth of the Latin mysterium or rather from the French mestier i. ars artificium an art or occupation 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 Eyr into the Common plees c. Reg. orig fol. 14. a b. Mittimus signifieth a Precept sent by the King out of his Bench to those that have the custody of fines levyed that they send them by a day assigned to his Bench West parte 2. symb titulo Fines Sect. 138. F. 154. B. and also to the Exchequer for certificate that Judgement is given for the livery of Lands to such or such a one out of the Kings hands whereupon he is dismissed also out of the Exchequer anno 5 R. 2. cap. 15. of divers other uses and applications of this Mittimus see the Register original in the Table of the Book MO Moderata misericordia is a Writ that lyeth for him that is amerced in Court Baron or other being not of Record for any transgression or offence beyond the quality of a 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 cap. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c.
of S. Adrian and the Popes Legate here in England anno 15 Hen. 3. as appeareth by the award made between the said King and his Commons at Kenelworth his constitutions we have at this day in use OU Ouch anno 24 H. 8. cap. 13. Ouster le main Amovere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common Law a Iudgement given for him that tendeth a travers or sueth a Monstrance de droit or petition For when it appeareth upon the matter discussed that the King hath no right nor title to the thing he seised then Iudgement shall be given in the Chauncery that the Kings hands be amoved and thereupon Amoveas manum shall be awarded to the Escheator which is as much as if the judgement were given that hee shall have again his land v. Stawnf praerog ca. 24. See anno 28 Ed. 1. stat 3. ca. 19. it is also taken for the writ granted upon this petition Fitz. nat br fol. 256. C. It is written oter le maine anno 25 Hen. 8. cap. 22. Ouster le mer ultra mare cometh of the French oultre i. ultra and le mer i. mare and it is a cause of excuse or Essoin if a man appear not in Court uppon Summons See Essoin Out fangthief alids uifangthef is thus defined by Bracten lib. 3. tra 2. ca. 34. Vifangthef dicitur latro extraneus veniens aliunde de terra aliena qut captus fuit in terra ipsius qui tales habet libertaces but see Eritton otherwise fol. 91. b. It is compounded of three Saxon words out i. extra fang i. capto vel captus and Thef i. fur It is used in the common law for a liberty or a privilege whereby a Lord is inabled to call any man dwelling within his own fee and taken for felony in any other place and to judge him in his own Court. Rastals expos of words Oenliy of services is an equality when the Tenent paravail oweth as much to the mesn as the mesn doth to the Lord paramont Fitz. nat br folio 136. A. B. Outlawry utlagaria is the losse or deprivation of the benefit belonging to a subject that is of the Kings protection and the Realm Bractor lib. 3. tract 2. cap. 11. num pri nu 3. Forisfacit utlagatus omnia quae pacis sunt Quia à tempore quo utlagatus est caput gerit lupinum ita quòd ab â—mnibus intersici possit impunè maximè si se defenderit velfugerit ita quòd difficilis sit ejus captio nu 4. Si autem non fugerit necse defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of theeves in Ridesdall that ride abroad at their best advantage to fetch in such cattell or other things as they could light on without that liberty some are of opinion that those which in the fore-named Statute are termed out-parties are at this day called out-putters and are such as set matches for the robbing of any man or house as by discovering which way he rideth or goeth or where the house is weakest and fittest to be entered See Intakers Outryders seem to be none other but Bayliffs errants employed by the Sheriffs or their fermers to ride to the farthest places of their Counties or Hundreds with the more speed to summon to their County or Hundred Courts such as they thought good to work upon anno 14. Edw. 3. stat 1. ca. 9. OX Oxgang of land bovata terrae Six Oxgangs of land seem to be so much as six oxen will plough Cromptons Jurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour Old nat br fol. 117. M. Skene de verb. signif verbo Bovata terrae saith that an oxen gate of land should alway contain 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See Librata terrae OY Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our Law a Commission especially granted to certain men for the hearing and determining of one or more causes This was wont to be in use upon some sodain outrage or insurrection in any place Cromptons jurisd fol. 131 132. See The Statute of Westm 2. cap. 29. anno 13. Edv. 1. who might grant this commission And see Fitzherb nat br fol. 100. for the form and occasion of the writ as also to whom it is to be granted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordium is a petition made in Court that the Iudges for better proofs sake will be pleased to hear or look upon any Record P PA PAcking whites anno 1. R. 3. cap. 8. Pain fort dur paena fortis dura is in true French peine fort dure It signifieth in our common Law an especiall punishment for those that being arraigned of felony refuse to put themselves upon the ordinary try all of God and the Country and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded upon the Statute of Westm prim ca. 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parliament maketh no mention of it and Britton writeth after that time touching it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquit themselves let them be put to their penance untill such time as they doe desire tryall and let the penance be such viz. Let them be bare legged without girdle and without hat or cap in their coat only and lie in prison upon the naked earth day and night And let them eat no bread but of barly and brand nor drink any other than water and that upon that day when they cat not And let them be chained Stawnford in his said 60. chapter of his second book expoundeth it more plainly and particularly in this sort And note that this strong and hard pain shall be such sc He shall be sent back to the prison whence he came and layed in some lowe dark house where he shall lie naked upon the earth without any litter rushes or other cloathing and without any rayment about him but only something to cover his privie members And he shall lie upon his back with his head covered and his feet And one arme shall be drawn to one quarter of the house with a cord and the other arme to another quarter and in the same manner let it be done with his leggs and let there be laid upon his body iron and stone so much as he may bear or more and the next day following hee shall have
de decimis cap. sancta verb. Pannagiis M. Skenede verborum signif calleth it pannagium and defineth it to be the duty given to the King for the pasturage of swine in the forest The french word for this same thing is panage or glandee i. glandatio vel glandium collectio et pastio suum ex glandibus And wee surely take it from the French whence they had it or what etoymolgie they make of it let themselves look PE Peace pax in the generall signification is opposite to war or strife But particularly it signifyeth with us a quiet and harmlesse cariage or behaviour toward the King and his People Lamberd eirenarcha li. 1. cap. 2. pa. 7. And this is one way provided for all men by oath as you may read in Franck pledge but more especially in case where one particular man or some few go in danger of harm from some other For upon his oath made thereof before a Justice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. ca. 2. pag. 77. See also Cromptons Justice of peace fol. 118. b. c. usque f. 129. This among the Civilians is called cautio de non offendendo Gail de pace publ lib. pri ca. 2. nu 1. Peace of God and the Church pax Dei ecclesiae is anciently used for that rest which the Kings subjects had from trouble and sute of law between the terms See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and security both for life and goods which the King promiseth to all his Subjects or others taken to his protection See Sute of the Kings peace This point of policy seemeth to have been borrowed by us from the Feudists for in the second book of the seuds there is a chapter viz. 53. chapter intituled thus De pace tenenda inter subditos et juramento firmanda et vindicanda et de paena judictbus opposit a qui eum vindicare et justitiam facere neglexerint the contents of which chapter is a Constitution of Frederick the first as Hotoman there proveth expounding it very learnedly and like himself Of this Kings peace Roger Hoveden setteth down divers branches parte poster suorum annalium in H. 2. fol. 144. a. b. and fol. 430. b. he mentioneth a form of an oath which Hubert Archbishop of Canterbury and chief Iustice of England in R. the first his daies sent through the whole realm to be taken by the Kings subjects See Deciners See Surety of peace There is also the peace of the Church for which see Sanctuary And the peace of the Kings highway which is the immunity that the Kings highway hath from all annoyance or molestation See watlin street The peace of the plow whereby the plow and plow cattel are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to have their peace because no man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedaginm signifieth money given for the passing by foot or horse through any countrey Extra de Censibus ca. Innovamus I read not this word in any English writer but only the author of the book called pupilla occuli parte 9. ca. 7. A. D. I. I think we rather use passage for it Pedagia dicuntur quae dantur à transeuntibus in locum constitutum à principe Et capiens pedagium debet dare salvum conductum et territorium ejus tenere securum Baldus in usibus Feudorum de pa. jura fir sect Conventionales Cassan de consuetud Burg. pa. 118. hath these words Pedaginm à pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better security of ship that lye at harbour in any haven So is the peer of Dover described in M. Camd. Bris. pag. 259 in meo Peeres pares commeth of the French per i. par It signifieth in our common Law plurally those that are empaneled in an Enquest uppon any man for the convicting and clearing him of any offence for the which he his called in question And the reason thereof is because the course and custome of our nation is to trie every man in this case by his equals West pri cap. 6. anno 3. Edw. prim So Kitchin useth it fol. 78. in these words Mais fi le amerciament soit assirre per pares And this word in this signification is not in use with us only but with other nations also For pares sunt convasalli quorum sententi◠vasallus propter felo-xiam est condemnatus Barklaius de Regno lib. 4. cap. 2. Fit pares sunt qui ab ecdem domino feudum tenent lib. prim Feudor cap. 26. But this word is most notoriously used for those that be of the Nobility of the Realm Lords of the Parliament and so it is used in Stawnf pl. of the Crown lib. 3. cap. Trial per les Peeres being the first The reason whereof is because though there be a distinction of degrees in our Nobility yet in all publike actions they are equal as in their voices in Parliament and in passing upon the triall of any Noble man c. This appellation seemeth to be borrowed from Fraunce and from those twelve Peeres that Charles the Great or Lewis the younger in some mens opinion instituted in that kingdome which be next unto the King and are of like dignity among themselves touching their power in publike affairs Or whom you may read Vincentius Lupanus de magist Francia lib. 1. cap. Pares Franciae So that wee though wee have borrowed the appellation and applyed it with some reason to all that are Lords of the Parlament yet we have no set number of them because the number of our Nobles may be more or lesse as it pleaseth the King Pelota is a word used in the book called pupilla oculi parte 5. ca. 22. signifying the ball of the foot of the French pelote i. pila Pein fort dure See Pain fort et dure Pelt wool is the woll pulled off the skinne or pelt of dead sheep anno 8 H. 6. cap 22. Penon anno 11 R. 2. cap. prim is a Standard Banner or Ensigne carried in warr It is borrowed from Fraunce for pennon in the French language signifyeth the same thing See Baronet yee read this word anno 11. R. ca. 1. Penue See Baye Peper Piper is a spice known in a manner to every child being the fruit of a plant that is between a tree and a herb of whose diversities and nature you may read Gerards herball lib. 3. cap. 146. This is set among merchandize that are to be garbled anno 1. Jacob. cap. 9. Peper lowse anno 32. H. 8. cap. 14. Per cui post See Entrie Perambulatione facienda is a writ that is sued out by two or more Lords of Maners
ego stipulor constituis te mihi scluturum debitum à Titio mihi debitum Tu respondes Satisfiet Haec impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lieth for prebendaries or other spiritual persons being distreined by the shyreeve or collectors of fifteenths for the fifteenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pestarable wares seem to be such ware as pester and take up much room in a shipp anno 32. H. 8. cap 14. Peter pence Denarii Sancti Petri otherwise called in the Saxon tongue Romefeoh i. the fee of Rome or due to Rome and also Romescot and Rome penning was a tribute given by â—n as King of the West Saxons being in pilgrimage at Rome in the year of our Lord 720. which was a penny for every house Lamberds explication of Saxon words verbo Numus whom see also fol. 128. in St. Edw. Laws nu 10. where it is thus written 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 et Pauliâ—â— et colligi ad festivitatem quae dicitur ad vincula ita ut ultra illum diem non detineatur Si quispiam detinuerit ad Justiciam Regis clamor deferatur quoniam denarius hic Regis eleemozyna est Justicia vero faciat denarium reddere forisfacturam Episcopi et Regis Quòd si quis domos plures habueris de illa ubi residens fuerit in festo Apostolorum Petri et Pauli denarium reddat See also King Edgars lawes fol. 78. ca. 4. which containeth a sharp constitution touching this matter Stow. in his Annals pag. 67. saith that he that had 20. penniworth of goods of one manner cattel in his house of his own proper was to give a penny at Lammas yearly See Romescot Petit Cape See Cape Petit Larceny parvum latrocinium See Larceny Petit treason parva traditio in true French is petit trabizon i. proditio minor treason in a lesser or lower kind For whereas treason in the highest kind is an offence done against the security of the common wealth Westm parte 2. symb titulo Inditement sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a servant kill his Master a wife her husband a secular or religious man his prelat anno 25. Edw. 3. cap. 2. Whereof see more in Stawn pl. cor lib. 1. cap. 2. See also Cromptons Justice of peace fol. 2. where he addeth divers other examples to those of Stawnford For the punishment of petit treason see the Statute an 22. H. 8. cap. 14. and Crompton ubisupra Petition petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one having jurisdiction But most especially it is used for that remedie which the subject hath to help a wrong done or pretended to be done by the King For the King hath it by prerogrative that he may not be sued upon a writ Stawn praer cap. 15. whom also read cap. 22. And a petition in this case is either general or special It is called generall of the general conclusion set down in the same viz. que le Roy lui face droit et reison that the King doe him right and reason whereupon followeth a general indorsement upon the same soit droit fait aux partis let right be done to the parties Petition special is where the conclusion is speciall for this or that and the Indorsement to this is likewise special See the rest cap. 22. Petra lanae a stone of wool See Stone PH Philiser See Filazer PI Piccage piccagium is money paid in fairs for breaking of the ground to set up booths or standings Picle alià s pitle seemeth to come from the Italian piccolo vel picciolo i. parvus minutus and signifyeth with us a little small close or inclosure Pienour cometh of the French Pionnier i. fossor and signifieth such labourers as are taken up for the Kings host to cast trenches or undermine forts Anno 2. 3. Ed. 6. cap. 20. Piepowders court Curiae pedis pulverizati comes of two French words pied i pes and pouldreux i. pulverulentus It signifieth a court held in fairs for the redresse of all disorders committed within them which because it is summary de plano fine figura judicii it hath the name of dustie feet which we commonly get by sitting neer the ground of this see Cromptons Jurisd fol. 221. Read M. Skene de ver signif verbo Peduâ—ulversus which word he reporteth to signifie a vagabond especially a merchant which hath no place of dwelling where the dust may be wiped off his feet or shooes and therefore must have justice summarily ministred unto him viz. within three flowings and three ebbings of the sea Bract. calleth it Justitiam pepoudrous li. 5. tract 1. c. 6. nu 6. Of this court read the Statute anno 17 Edw. 4. ca. 2. Pille of Foddray in the Countie of Lancaster anno 2 H. 6. ca. 5. seemeth to be a creek and called pille by the idiom of the Countrey for pile for the which see Pile Pillorie Collistrigium Pillorium cometh of the French Pilori which may seem to smell of the greek and to proceed from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because one standing on the pillory putteth his head through a kind of a door i. janua 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 video it signifieth all one thing with it saving that the French is used for a tumbrell as well as for that which we call the pillorie there is a Statute made of the pillory anno 51 H. 3. wherein you may see who were then subject to this punishment This was among the Saxons called Healsfang of Heals a neck and Fang to take Lamb explication of Saxon words verbo Mulcta Pipe pipa seemeth to be a roll in the exchequer otherwise called the great roll anno 37 Ed. 3. cap. 4. See Clerk of the pipe It is also a measure of wine or oyle containing half a tun that is six score and six gallons anno 1 R. 3. cap. 13. Piscarie piscaria cometh of the French pescharie i. piscatio It signifieth in our common Law a libertie of fishing in an other mans waters Pittle See Picle PL Placard anno 2. 3. Ph. Mar. cap. 7. is a licence whereby a man is permitted to maintain unlawfull games Plaint Querela is a French word signifying as much as questus querimonia In our Common law it is used for the propounding of any action personal or real in writing So it is used in Brook titulo Plaint in Assise and the party making this plaint is called Plaintiff Kitchin fol. 231. Plea
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same 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 wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff 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 an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
message as for the appehension of a party accused or suspected of any offence committed Those that be used in Marshal causes be called Perswivants at arms anno 24 Henr. 8. cap. 13. whereof there be four in number of special names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his body was naked to the skin not so much as one clout about him and was trussed behind a Pursuyvant at arms like a hog or a calf c. The rest are used upon other messages in time of peace and especially in matters touching jurisdiction See Herald Purveyour provisor commeth of the French Pourvoire i. providere prospicere It signifieth an officer of the King or Queen or other great personage that provideth corn and other victuall for the house of him whose officer he is See magna charta cap. 22. 3 Ed. prim cap. 7. cap. 31. anno 28 ejusdem Articuli super chartas 2. and many other Statutes gathered by Rastal under this title Powldavis anno 1 Jacob. ca. 24. Power of the County posse comitatus by M. Lamberds opinion in his Eirenar li. 3. cap. 1. fol. 309 containeth the ayde and attendance of all Knights gentlemen yeomen labourers servants apprentises and villains and likewise of Wards and of other young men above the age of fifteen years within the County because all of that age are bound to have harnesse by the statute of Winchester But women ecclesiastical persons and such as be decrepit or do labour of any continual infirmity shall not be compelled to attend For the statute 2 Hen. 5. cap. 8. which also worketh upon the same ground saith that persons sufficient to travell shall be assistant in this service Pound parcus seemeth to signifie generally any inclusure of strength to keep in beasts but especially with us it signifieth a place of strength to restrain cattel being distrained or put in for any trespass done by them untill they be replevied or redeemed And in this signification it is called a pound overt or open pound being builded upon the waste of some Lord within his fee and is called the Lords Pound For he provideth it to his use and the use of his tenants See Kitchin fol. 144. It is divided into pound open and pound close pound open or overt is not only the Lords pound but a backside court yard pasture or else whatsoever whither the owner of any beasts impounded may come to give them meat and drink without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come unto to the purpose aforesaid without offence as some close house or such like place Poundage is a Subsidy granted to the King of all manner of merchandizes of every merchant denizen and alien carried out of this Realm or brought into the same by way of Merchandize to the valew of twelve pence in every pound an 12 Ed. 6. cap. 13. an 31 Elizab. cap. 5. anno 1 Iacobi cap. 33. PR Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which every member or Canon of a Cathedral church receiveth in the right of his place for his maintenance And though use hath wrought the Latine word into the nature of a Substantive yet I think it originally to be an Adjective or Participle and to have been joined with pars or portio as Canonica portio which is in manner all one in signification Howbeit Canonica portio is properly used for that share which every Canon or Prebendary receiveth yearly out of the common stock of the Church and praebenda is a several benefice rising from some temporal land or church appropriated toward the maintenance of a Clerk or member of a collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends be either simple or with dignity Simple Prebends be those that have no more but the revenew toward their maintenance Prebends with dignity are such as have some jurisdiction annexed unto them according to the divers orders in every several Church Of this see more in the title De Praebendis dignitat in the Decretals Alciat saith that Praebenda in the plurall number and neuter gender was anciently used as now Praebenda in the singular number and feminine gender is used parerg cap. 43. Praebendary praebendarius is he that hath a praebend See Prebend Precept praeceptum is diversly taken in the Common law sometime for a commandement in writing sent out by a Iustice of peace or other for the bringing of a person one or more or records before him of this you have examples of divers in the table of the Reg. Judicial And this use seemeth to be borrowed from the customes of Lombardy where praeceptum signifieth scripturam vel inftrumentum Hot. in verbis feudal libro 3. Commentariorum in libros feudorum in praefatione Sometime it is taken for the provocation whereby one man inciteth another to commit a felony as theft or murder Stawnf pl. cor fol. 105. Bracton calleth it praeceptum or mandatum lib. 3. tract 2. cap. 19. whence a man 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 help to bind the party murdered or robbed consilium advise either before or in the deed The Civilians use mandatum in this case as appeareth by Angelus in tracta de male ficiis vers Sempronium Mandatorem Praeceptories an 32 H. 8. cap. 24. were benefices in a kind and termed preceptories because they were possessed by the more eminent sort of the Templers whom the chief master by his authority created and called praeceptores Templi Joach Stepha de Jurisdict li. 4. ca. 10. nu 27. See Comaundâ—y Praecipe quod reddat is a writ of great diversity touching both the form and use for better declaration whereof see Ingressus and Entry This form is extended as well to a writ of right as to other writs of entry or possession Old nat br fo 13. and Fitzher nat br fol. 5. And it is called sometime a writ of right close as a praecipe in capite when it issueth out of the Court of Common plees for a Tenent holding of the King in chief as of of his Crown and not of the King as of any honour castle or manor Register orig fol. 4. b. Fitz. nat br fol. 5. F. Sometime a writ of Right patent as when it issueth out of any Lords Court for any of his Tenents deforced against the deforcer and must be determined there Of this read more at large in Fitz. nat br in the very first chapter or writ of all his book Praemunire is taken either for a writ or for the offence whereupon this writ is granted The one may well enough be understood by the other It is
the right of his Crown And this word Praerogativa is used by the Civilians in the same sense l. Rescriptum 6. Sect. 4. n. de bono muner But that privilege that the Roman Emperour had above common persons they for the most part comprised sub jurefisciâ—â— de jurefisci per totum tit Co. li. 10. tit 1. Among the Feudists this is termed jusregalium jus regaliorum vel à nonnullis jus regeliarum But as the Feudists sub jure regalium so our Lawyers sub praerogativa regis do comprise also all that absolute heighth of power that the Civillians call majestatem vel potestatem vel jus imperii subject only to God which regalia the Feudists divide into two sorts majora minora regalia For to use their own words Quaedam regalia dignitatem praerogatâ—â—am imperii praeeminentiam spectant quaedam verò ad utilitatem comidum pecu niarium immediatè attinent haec propriè fiscalia sunt adjus fisci pertinent Peregr de jure fisci li. 1. cap. 1. nu 9. See also Arnoldus Chapmarius de arcanis imperii lib. 1. cap. 11. sâ—qq who seemeth to make difference between majectatem jus regaliorum Others make those majora regalia that appertain to the dignity of the Prince and those minera which inrich his coffers Regnerus Sixtinus de jure rega cap. 2. By this it appeareth that the statute of the Kings prerogative made anno 17 Ed. 2. contains not the sum of the Kings whole prerogative but only so much thereof as concerns the profit of his cofers growing by vertue of his regal power and crown for it is more than manifest that his prerogative reacheth much farther yea even in the matters of his profit which that statute especially consisteth of For example it is the Kings prerogative to grant protection unto his debtours against other creditours untill himself be satisfied Fitz. nat br fol. 28. B. to distrein for the whole rent upon one tenent that hath not the whole land Idem fol. 235. A. to require the Ancestors debt of the heir though not especially bound Brit. ca. 28. fol. 65. b. to cease upon mony paid by his debtour into a Court for the satisfaction of an executor Plowden fol. 322. a. to permit his debtours to siew for their debts by a Quo minus in the Exchequer Perkins Graunts 5. to be first paid by one that oweth mony both to him and others Dyer fol. 67. an 20. to take the Lands of accountants into his hands for his own satisfaction Plowd casu Almes fol. 321. 322. to take his action of account against executors codem fol. 320. not to be tyed to the demand of his rent Coke li. 4. fol. 73. a. Now for those regalities which are of the higher nature all being within the compass of his prerogative and justly to be comprised under that title there is not one that belonged to the most absolute prince in the world which doth not also belong to our King except the customes of the nations so differ as indeed they do that one thing be in the one accounted a regality that in another is none Only by the custome of this Kingdom he maketh no laws without the consent of the three Estates though he may quash any law concluded by them And whether his power of making laws be restrained de necessicate or of a godly and commendable policy not to be altered without great peril I leave to the judgement of wiser men But I hold it inconerowlable that the King of England is an absolute King And all learned Politicians do range the power of making laws inter insignia summae absolutae potestatis Majora autem regalia sunt haec clausula plenitudinis potestatis ex ea aliquid statuere leges condere ac eas omnibus singulis dare bellum indicere belli indicendi licentiam alii dare pronunciare it a ut à sent entia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae majestatis legitimare per rescriptum eos qui extra legitimum matrim nium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest jus erigendi scholam quae hodie Universit as vel Academia appellatur etiam jus creandi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones sive notarios jus dandi insignia nobilitatis sive nobiles creandi jus cudendae monetae nova vectigalia instituendi vel instituta vectigalia augendi Sixtinus ubisupra So that those other which are mentioned in libris feudorum and the Interpreters of them are at the least for the most part justly called regalia minora as armandiae viae publicae flumina navigaentia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona que indignis aufer entur bona eorum qui incestum matrimonium contrahunt bona à imnatorum postscriptorum angariae et parangariae extraordinariae ad expeditionem imperatores collationes potestas creandornm magistratuum ad justiciam exequendam argentartae palatia in civitatibus constituta piseationum reditus falinarum reditus bona commitentium crimen laesae majestatis thesaurus inventus By setting down these regalities of both sorts as they are accounted in the Empire and other forein Kingdoms they may be the more easily compared with our Kings prerogatives and so the differences noted between us and them And whereas some things are before reckoned both inter regalia majora et minora the Reader must understand that this may be in divers respects For example the power of raising a tribute or of coyning mony is inter majora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatives belonging to the King of this land which do not bring profit to his coffers immediately and therefore may be accounted inter regalia majora or at the least in a middle or mixt nature or inter majora et minora because by a consequent they tend to the increase of the Kings Exchequer Of these such as I have observed in reading I will set down as they come to my hands without farther curiosity in dividing It is the Kings prerogative that he may not be sued upon an ordinary Writ as tenent to lands but by petition Plowd casu Walsingham f. 553. to have a necessary consent in the approbation of all benefices Idem casu Grendon fol. 499. to waive and to demur and to plead to the issue or to waive the issue and to demur upon the plee of the advers parts yet not to change the issue another term after he and the advers part be once at issue Idem casu Willion fol. 23.6 a. casu
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime 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 Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1 H. 5. cap. 7. but especially to the erecting of those two most famous colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for
be impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffice to make a Record in the Exchequer The next how many in an assise c. I find not that we in our Courts especially the Kings Courts stand much upon the numbers of Recorders or witnesses for the strength of the testimony which the Record worketh but that we take it sufficient which is registred in each Court Glanvile lib. 8. cap. 8. Bracton lib. 3. tract 2. cap. 37. num 4. Bretton in the Proeme of his book saith that the Iustices of the Kings Bench have a Record the Coroner Vicounr Iustices of the Exchequer Iustices of the Gaol delivery the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings letters patents in those causes they have Commission to take knowledge of All which as I take it must be understood with that caveat of Brook titulo Record num 20. 22. that 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 said act duly enrolled it is a record and of that credit that admitteth no alteration or proof to the contrary Yet see Sir Edward Cooks Reports lib. 4. Rawlius case fol. 52. b. anno 12 Ed. 2. cap. 4. It is said that two Iustices of either Bench have power to record Non-sutes and defaults in the Country It appeareth by Bracton lib. 5. tract 2. cap. 1. et 11. that quatuor milites habent recordum being sent to view a party essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Serviens Hundredi habet recordum in testimonio proborum hominum And in the Statute of Carleil made anno 15 Ed 2. it is said that one Iustice of either Bench with an Abbot or Prior or a Knight or a man of good fame or credence hath a record in the view of one that is said by reason of sickness to be unable to appear personally for the passing of a fine And anno 13 H. 4. cap. 7. et anno 2 H. 5. cap. 3. that two Iustices of peace with the◠Shyreeve or Under-shyreeve have power to record what they find done by any in a ryot or rout c. That which is before mentioned out of Briton touching the Shyreeve seemeth to be limited by Fitzh nat br fol. 81. D. Who alloweth him a record in such matters only as he is commanded to execute by the Kings Writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheator and Shyreeve be not Iustices of record but officers of record In which words he signifieth that their testimony is authentical only in some certain things that are expresly injoyned them by vertue of their Commission as Ministers to the King in his higher Courts whereas Iustices of record have in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commanded Fitzh in his Nat. br fol. 82. in principio something explaineth this point writing to this effect Every act that the shyreeve doth by vertue of his commission ought to be taken as matter of Record no lesse than the Justices of peace His reasons be two the former because his patent is of record the other because he is a conservatour of the peace And then he addeth that the plees held before him in his County be not of record Yet is the County called a Court of record Westm 2. cao 3. anno 13 Ed 1. But it seemeth by Briton cap. 27. that it is only in these causes whereof the shyreeve holdeth plee by especial writ and not those that he holdeth of course or custome And in that case also it may be gathered out of the same Author that he hath a record but with the testimony of those annexed that be suters to the Court. Which seemeth to agree with Bractons words above specified Scrviens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanvile l. 8. c. 8 9 et 10. One Iustice upon view of forcible detinue of land may record the same by statute anno 15 R. 2. cap. 2. the Maior and Constables of the staple have power to record recognisances of debt taken before them anno 10 H. ◠ca. 1. Brook titulo Record seemeth to say that no Court ecclesiastical is of record how truly it is to be inquired For Bishops certifying bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a divorse a spiritual intrusion or whether a man be professed in any religion with other such like are credited without farther enquiry or controlment See Brook titulo Bastardy See Fleta lib 6. cap. 39 40 41 42. Lamb. Eirenarcha lib. pri cap. 13. Glanvile lib. 7. cap. 14 et 15. the Register original fol. 5. b. Bracton lib. 5. tractat 5. cap. 20. nu 5. Briton cap. 92 94 106 107 109. Doct. and Stud. lib. 2. cap. 5 but especially Cosius apology parte pri cap. 2. And a testament shewed under the seal of the Ordinary is not traversable 36 H. 6.31 Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference between that law whereby the court Christian is most ordered and the Common law of this Land For by the Civil or Canon law no instrument or record is held so firm but that it may be checked by witnesses able to depose it to be untrue Co. plus valere quod agitur quà m quod simulate concipitur ca. cum Johannes 10. extra de fide instrumentorum Whereas in our Common law against a record of the Kings court after the term wherein it is made no witnesse can prevail Briton cap. 109. Coke lib. 4. Hinds case fol. 71. lib. assisarum fol 227. nota 21. This reconciliation may be justified by Brook himself titulo Testaments num 4.8 14. and by Glanvile lib. 8. cap. 8. The King may make a Court of record by his grant Glanvile lib. 8. cap. 8. Briton cap. 121. as for example Queen Elizabeth of worthy memory by her Charter dated 26 Aprilis anno 3. regni sui made the Consistoty court of the University of Cambridge a court of record There are reckoned among our common Lawyers three sorts of Records viz. A record judicial as attainder c. A record ministerial upon oath as an office found A record made by conveyance by consent as a fine deed inrolled or such like Coke lib. 4. Andrew Ognels case fol. 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeve to remove a cause depending in an inferiour court to the Kings bench or common plees as out of a court of antient Demeasn Hundred or County Fitz. nat br fol. 71. B. out of the county court idem fol.
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
Reg. orig f. 206 207. Reddioion is a judicial confession and acknowledgement that the land or thing in demand belongeth to the demandant or at the least not to himself a. 34 35 H. 8. ca. 24. Perkins Dower 379 380. Redubhours be those that buy cloath which they know to be stollen and turn it into some other form or fashion Briton cap. 29. Cromptons Viconat fol. 193. a Reentry commeth of the French rentrer i. rursus intrare and signifieth in our Common law the resuming or taking again of possession which we had earst foregone For example If I make a Lease of land or tenement I do thereby forego the possession and if I do condition with the Leassee that for non payment of the rent at the day it shall be lawfull for me to reenter this is as much as if I conditioned to take again the lands c. into mine own hands and to recover the possession by my own fact without the assistance of Iudge or proces Reere County See Rier County Reextent is a second extent made upon lands or tenements upon complaint made that the former extent was partially performed Brook titule Extents fol. 313. Regard regardum is borrowed of the French Regard or regardere i. aspectus conspectus respectus and though it have a general signification of any care or diligence yet it hath also a special acceptance and therein is used only in matters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging to the regarders office or charge Cromptons jurisd fol. 175.199 Toaching the former thus saith M. Manwood parte pri of his Forest laws pag. 198. The Eire general Sessions of the Forest or Justices seat is to be holden and kept every third year and of necessity before that any such sessions or Iustices seat can be holden the Regarders of the Forest must make their Regard And this making of the regard must be done by the Kings writ And the regard is as he afterward there saith to go through the whole horest and every Bayliwick of the same to see and enquire of the trespasses of the Forest which he compriseth in these four viz. ad videndum ad inquirendum ad imbreviandum ad certificandum Of every of which branches you may read there his exposition Touching the second signification the compasse of the Regarders obarge is the whole Forest that is all that ground which is parcel of the Forest For there may be Woods within the limits of the Forest that be no parcel thereof and those be without the Regard as the same Author plainly declareth parte pri pag. 194. and again parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra regardum or Rewardum infra Forestam Regarder regardator commeth of the French Regardeur id est Spectator and signifieth an Officer of the Forest Cromptons jurisdict 153. where it is thus defined A Regarder is an Officer of the Forest appointed to surview all other officers He saith there also that this officer was ordained in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag 188. thus defineth him A Regarder is an Officer of the Kings forest that is sworn to make the regard of the Forest as the same hath been used to be made in antient time And also to view and enquire of all offences of the Forest as well of vert as of venison and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings letters patents or by any one of the Kings Iustices of the forest at his discretion in the general Eyr or at such time as the regard is to be made by vertue of the Kings writ directed to the Shyreeve of the County for that purpose The form of which writ he there setteth down After that pag. 192. he setteth down his Oath in these words You shall truly serve our Soveraign Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such manner as the same hath been accustomed to be made You shall raunge through the whole Forest and through every Bayliwick of the same as the Foresters there shall lead you to view the said Forest. And if the Foresters will not or do not know how to lead you to make the regard or raunge of the Forest that they will conceal from you any thing that is forfeited to the King you your selves shall not let for any thing but you shall see the same forfeiture and cause the same to be enrolled in your roll You shall enquire of all wastes pourprestures and Asserts of the Forest and also of concealments of any offence or trespasse in the Forest and all these things you shall to the uttermost of your power dâ— So help you GOD. Then you may read farther the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be upon their view and so recorded and that the Regarders of themselves have power to hear and determine the fine or amerciament for expeditating of dogs See Regard Regio assensis is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie registrum commmeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with us the office or books or rolls wherein are recorded the proceedings of the Chancery or any Spiritual Court. The writer and the keeper whereof is called the Register in Latine Registrarins Register is also the name of a book wherein are expressed all the forms of writs used at the Common law called the Register of the Chancery Anno 13 Ed. pri cap. 24. Some say it is termed Registrum quasi regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbish an old garment and to make it new again Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sell them the better mentiendi coloris artem optime callebant Martialis Plinius This word in our Common law did antiently signifie such as bought by the great and sold by the retayl Anno 27 Ed. 3. stat prim cap. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or fair or within five miles thereof Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab cap. 12. anno 13 Eliza. cap. 25. See Forestallers and Engrossers Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte quam deberet is a writ judicial Register
Remembrancers of the Exchequer Rememoratores be three Officers or Clerks one called the Kings Remembrancer anno 35 El. cap. 5. The other the Lord Treasurers Remembrancer upon whose charge it seemeth to lye that they put all Justices of that Court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and dealt in for the Princes behoof The third is called the Remembrancer of the first-fruits Of these you may read something anno quinto Rich. 2. stat pri cap. 14. 15. to the effect above specified These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance It seemeth that the name of this Officer is borrowed from the Civilians who have their Memorales qui sunt notarii Cancellâ—riae in regnò subjecti officio Quaestoris Lucas de penna C. lib. 10. tit 12. nu 7. The Kings Remembrancer entreth in his Office all recognisances taken before the Barons for any the Kings Debts for apparences or for observing of Orders He takes all bonds for any of the Kings debts or for appearance or for observing of Orders and maketh Proces upon them for the breach of them He writeth Proces against the Collectors of customs and 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 are remaining in his Office He maketh the Bills of compositions upon penal Laws taketh the stallments of debts maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set and sendeth them to the Pipe He hath delivered unto his Office all manner of indentures fines and other evidences whatsoever that concern the assuring of any lands to the Crown He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves and giveth those that chuse them their oath he readeth in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers remembrancer maketh process against all Shyreeves Escheators Receivers and Bayliffs for their accompts He maketh process of Fierifacias and Extent for any debts due to the King either in the Pipe or with the Auditors He maketh process for all such Revenew as is due to the King by reason of his Tenures He maketh Record whereby it appeareth whether Shyreeves and other accountants pay their profers due at Easter and Michaelmas He maketh another Record whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion All Extreats of Fines Issues and Amerciaments set in any Courts of Westminster or at the Assises or Sessions are certified into his Office and are by him delivered to the Clerk of Extreats to write Proces upon them He hath also brought into his Office all the accompts of Customers Controllers and other accomptants to make thereof an entry of Record The Remembrancer of the first fruits taketh all compositions for first Fruits and Tenths and maketh Process against such as pay not the same Remitter commeth of the French remettre i. restituere reponere and signifieth in our Common law a restitution of one that hath two Titles to Lands or Tenements and is seised of them by his latter Title unto his Title that is more antient in case where the latter is defective Fitzherberâ— natura brev fol. 149. F. Dyer folio 68. num 22. This in what Case it may be granted to any man see in Brook titulo Remitter and the Terms of Law The Doctor and Student of this matter hath these words If land descend to him that hath right to that Land before he shall be remitted to his better Title if he will Ca. nono fo 19. b. See the new Book of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our Common law the self-same thing For example this word is used in levying of a fine For a Fine is either single by which nothing is granted or rendred back again by the Cognizee to the Cognizour or double which containeth a grant or render back again of some Rent common or other thing out of the Land it self to the Cognisor c. West parte 2. Symbol titulo Fines Sect. 21 30. F. Also there be certain things in a Manor that lie in Prender that is which may be taken by the Lord or his Officer when they chance without any offer made by the Tenant as the Ward of the body of the Heir and of the Land Escheats c. and certain that lye in Render that is must be delivered or answered by the Tenant as Rents Reliefs Heriots and other services Idem codem Sect. 126. C. Also some service consisteth in seisance some in Render Perkins Reservations 696. Rent reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with us a sum of mony or other consideration issuing yearly out of Land or Tenements Plowden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of Rents observed by our Common Lawyers that is Rent service Rent charge and Rent seck Rent service is where a man holdeth his Land of his Lord by Fealty and certain Rent or by Fealty Service and certain Rents Littleton lib. 2. cap. 12. fol. 44. or that which a man making a Lease to another for term of years reserveth yearly to be paid him for the same Terms of Law verbo Rents who giveth this Reason thereof because it is in his liberty whether he will distrein or bring an action of Debt A Rent charge is that which a man making over an estate of his Land or Tenements to another by deed indented either in fee or fee tail or lease for term of life reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him with clause of distress or to him and his heirs See Littleton ubi supra A Rent seck otherwise a dry Rent is that which a man making over an Estate of his Land or Tenement by Deed indented reserveth yearly to be paid him without clause of Distresse mentioned in the Indenture Littleton ubi supra And Terms of the Law verbo Rents See the new Expositor of Law Terms See Plowden casu Browning fol. 132. b. See the differences between a Rent and an Annuity Doctor and Student cap. 30. Dialog primo Reparatione facienda is a writ which lyeth in divers cases whereof one is where three be Tenants in Common or Joynt tenents or pro indiviso of a Mill or house which is fallen into decay and the one being willing to repair it the other two will not In this Case the party willing shall have this writ against the other two Fitz. nat br fol. 127. where read at large the form and many uses of this writ as also in the Regi orig fol. 153. b. Repeal commeth of the French Rappel i. Revocatio and
hath supremam authorit◠em Ecclesinsticam as the Pope had in time past Plowden casu Grendon fo 498. Resort is a word used properly in a writ of tayl or cousenage as descent is in a writ of right Ingham Respectu computi Vicecomitis habendo is a writ for the respiting of a Shyreeves accompt upon just occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 179. Respite of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the Tenent that holdeth by homage Which respite may be occasioned upon divers good reasons but it hath the most frequent use in such as hold by Knights service in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certain times in the year some small sum of mony to be respited untill the Prince may be at leasure to take it in person Responsions responsiones seems to be a word used properly and especially by the Knights of S. John of Jerusalem for certain accompts made unto them by such as occupied their lands or stocks Anno 32 H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference between atturnatum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came only to allege the cause of the parties absence be he the Demandant or Tenent and responsalis came for the Tenent not only to excuse his absence but also to signifie what tryal he meant to undergo viz. the Combate or the Country lib. 6. cap. 11. § Si autem A man in antient time could not appoint an Attorny for him without warrant from the King Fleta codem cap. 13. in fine See Atturney This word is used in the Canon law Et significat procuratorem vel cum qui absentem excusat cap. Cum olim propter extra de rescript Restitution restitutio is a yeelding up again of any thing unlawfully taken from another It is used in the Common law most notoriously for the setting him in possession of Lands or Tenements that hath been unlawfully disseised of them which when it is to be done and when not see Cromptons Justice of peace fol. 144. b. c. usque 149. Restitutione extracti ab Ecclesia is a Writ to restore a man to the Church which he had recovered for his sanctuary being suspected of felony Register orig fol. 69. a. Restitutione temporalium is a Writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes Royal assent thereunto for the recovery of the Temporalities or Barony of the said Bishoprick with the appurtenances And it is directed from the King to the Escheator of the County the form whereof you have in the Regist. orig fol. 294. and in Fitzb. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the Kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the party or such like See Brook titu Resummons fol. 214. See of these four sorts according to the four divers cases in the Table of the Register judicial fol. 1. See also the new Book of Entries verbo Reattachment Resummons Resumption resumptio is particularly used for the taking again into the Kings hands such Land or Tenements as before upon false suggestion or other error he had delivered to the heir or granted by Letters patents to any man Brook titule Repetance resumption fol. 298. Thus it is applyed anno 31 H. 6. cap. 7. See Reseiser Retainer commeth of the French retenir i. detinere retinere it signifieth in the Common law a servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but only using or bearing his name or livery This Livery was wont to consist of Hats otherwise Hoods Badges and other suits of one garment by the year an 1 R. 2. ca. 7. These were taken by the Lords many times upon purpose of maintenance and quarrels and therefore they have been justly for the better freedom of Law forbidden by many Statutes as namely by anno 1 R. 2. cap. 7. upon pain of imprisonment and grievous forfeiture to the King and again anno 16 ejusd cap. 4. anno 20 ejusdem cap. 1. 2. and anno prim H. 4 cap. 7. by the which the Lords offending herein should make ransome at the Kings will and any Knight or Esquire hereof duly attainted should lose his said Livery and forfeit his fee forever and any Yeoman wearing the Livery of the King or other Lord should be imprisoned and make ransome at the Kings will only some few excepted in the said Statute which statute is further confirmed and explaned anno 2 H. 4. cap. 21. et an 7 ejusd cap. 14. anno 13. ejusd cap. 3. et anno 8 H. 6. ca. 4. And yet this offence was so deeply rooted that Edward the fourth was driven to confirm the former statutes and further to extend the meaning of them as appeareth by the statute made anno 8 Ed. 4. cap. 2. adding an especial pain of five pounds to every man that giveth such Livery and as much to every one so retained either by writing oath or promise for every month Yet is not this fault so well looked unto but that there is need of more pregnant Laws for the redresse thereof or at the least better execution of those that be already made These be by the Feudists called assidati Sic enim dicuntur qui in alicujus fidem et tutelam recepti sunt Neapol constitu lib. 3. titulo 7. And as our retainers are here forbidden so are those affidats in other countries Retraxit is an exception against one that formerly commenced an action and withdrew it or was non-sute before tryal Brook titulo Departure in despight Retraxit fol. 216. See also the new book of Entries verbo departer verbo retraxit Return returna cometh of the French retour i. reditio reversio recursus and in our common Law hath two particular applications as namely the teturn of a Writ by Shyreeves and Bayliffs which is nothing but a certificate made to the Court whereunto the writ directeth him of that which he hath done touching the serving of the same Writ And this among the Civilians is called Certificatorium Of returns in this signification speak the Statutes of Westm. 2. cap. 39. anno 13 Ed. prim and Tractatus contra Vice-comites et Clericos with divers others collected by Rastal titulo Return of Shyreeves So is the return of an Office Stawnf praerog fol. 70. a certificate into
phrase used by Britten cap. 119. for the determination or final end of the lineal race or descent of a kindred It seemeth to come from the French Sorg i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man having made default in Court commeth afterward and allegeth good cause why he did it as imprisonment at the same time or such like New book of Entries verb. Sauer de default Saulf conduct salvus conductus is a security given by the Prince under the broad seal to a stranger for his quiet comming in and passing out of the Realm touching which you may see the Statutes anno 15 H. 6. cap. 3. anno 18 ejusdem cap. 18. anno 28 Hen. 8. cap. pri The form of this see in the Register original fol. 25. SC Stawnford was a man very learned in the Common laws of the Land wherein he wrote two books one termed the pleas of the Crown the other the Princes prerogative He flourished in the daies of Ed. the sixth and of Queen Mary being in Queen Marics daies a Judge and knighted Scandalum Magnatum is the especial name of a wrong done to any high personage of the Land as Prelates Dukes Earls Barons and other Nobles and also of the Chanceller Treasurer Clerk of the Privy Seal Steward of the house Justice of one bench or of the other and other great Officers of the Realm by false news or horrible and false messages whereby debates and discords betwixt them and the Commons or any scandal to their persons might arise anno 2 R. 2. cap. 5. Scavage otherwise called Shewage is a kind of toll or custome exacted by Maiors Shyreeves and Bayliffs of Cities and Borough Towns of Merchants for wares shewed to be sold within their Precincts which is forbidden by the Statute anno 19 Hen. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shew whence is the word Sceaw stowe a theater or shew place a beholding place M. Verstigan in his restitution of decayed Intelligences litera S. Scire facias is Writ judicial most commonly to call a man to shew cause unto the Court whence it is sent why execution of a Judgement passed should not be made This writ is not granted before a year and a day be passed after the Iudgement given Old nat br fol. 151. Scire facias upon a fine lyeth after a year and a day from the fine levied Otherwise it is all one with the writ Habere facias seisinam West part 2. symb litulo fines sect 137 See anno 25 Edwardi 3. sta 5. cab 2. v. anno 39 Elizabeth cap 7. The Register original and judicial also in the Table sheweth many other diversities of this writ which read See also the new bock of Entries verb. Scire facias Scyra Cambd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French escot i. symbolum Rastal saith it is a certain custome or common tallage made to the use of the Shyreeve or his Bailiffs Saxon in his description of England cap. 11. saith thus Scot a gadering to work of Bails what he meaneth God knoweth I think the place is corruptly printed Scot saith M. Cambden out of Mathew of Westm illud dicitur quod ex diversis rebus in unum aceru um aggregatur In the Laws of William the Conqueror set forth by M. Lamberd fol. 125. you have these words Et omnis Francigena qui tempâ—re Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt aue hlote aue scote persolvantur secundum legem Anglorum Scot and Lot anno 33 H. 8. cap. 19. signifieth a customary tontribution laid upon all subjects after their hability Roger Hoveden writeth it Anlote Anscote in principio Henrici secundi Scotall scotalla is a word used in the Charter of the Forest c. 7. in these words as Pupilla ceuli hath them parte 5. cap. 22. Nullus Forestarius vel Bedellus facrat Scotallas vel garbas colligat vel aliquam collectam faciat c. M. Manwood part pri of his Forest laws pag. 216 thus defineth it A Scotall is where any Officer of the Forest doth keep an Ale house within the Forest by colour of his Office causing men to come to his house and there to spend their mony for scar of having displeasure It seemeth to be compounded of Scot and Ale Scutagio habendo is a writ that lyeth for the King and other Lord against the Terent that holdeth by Knights service wherein homage sealty and escuage be conteined being to make a voyage to war against the Scots or French men For in those cases this writ issueth out to all such Tenents to serve by themselves or a sufficient man in their place or else to pay c. See Fitz. nat br fol. 83. It is used in the Register original for him to recover escuage of others that hath either by service or fine performed his own to the King fol. 88. a. SE Sealer Stgillator is an Officer in Chancery whose duty is to seal the Writs and Instruments there made Sean fish anno 1 Jacob. ses 1. ca. 25. Sean fish tbidem seemeth to be that fish which is taken with a very great and long net called a Sean Second deliverance secunda deliberatione is a VVrit that lyeth for him who after a return of Cattel replevied adjudged to him that distreined them by reason of a default in the partie that replevied for the replevying of the same Cattel again upon security put in for the redelivery of them if in case the distresse be justified New Book of Entries verbo Replevin in second deliverance fol. 522. col 2. v. Dyer fol. 41. num 4 5. Secta ad Curiam is a writ that lyeth against him who refuseth to perform his sute either to the County or Court Baron Fitz. nat bre fol. 158. Secta facienda per illum qui habet eniciam partem is a VVrit to compel the Heir that hath the elders part of the cobeires to perform service for all the Coparceners Regist orig fol. 177. a. Secta mosendiui is a VVrit lying against him that hath used to grind at the Mill of B. and after goeth to another Mill with his Corn. Register original fol. 153. Fitzh uat br 122. But it seemeth by him that his writ lyeth especially for the Lord against this frank Tenents who hold of him by making sute to his Mill eodem See the new book of Entries verbo secta ad molendinum By likelihood this service is also in France For Balduinus ad titulum de servitutibus praediorum in Institut hath these words Bannalis mola novae barbarae servitutis species est qua hodie passim rustici cogunt ur una mola quam bannalem vocamus unoque furno uti ad quaestum Deasini qui fortasse praeest jurisdictioni ejus pagi Sectam
of Courts Seneshat de l'hostel de Roy Steward of the KINGS Houshold Cromptons Jurisdictions fol. 102. Senescallo Mareshallo 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 any action in their Court that concerneth either Freehold debt or Covenant Register original fol. 185. a. 191. b. Senie aliâs Sene sena is a leaf of a medicinable herb that bringeth forth stalks of a cubit high purging Phlegmatick Cholerick and also Melancholick humours without great violence The farther use whereof you may read in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled anno 1 Jac cap. 19. Septuagesima is a Sunday certain and alwaies the third Sabbath before Shrove sunday from the which until the Octaves after Easter the solemnizing of mariage is by the Canon laws forbidden The reason whereof is given for that all this time until Easter is a time of mourning for the fall of Adam and for the misery of man thereof insuing And Easter with the Octaves thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest over death and sin And that therefore all carnal affection onght during that space to be wholly mortified in us See Quinquagesima see Advent see Rogation week Sequitur sub suo periculo is a writ that lyeth where a summons adwarrantizandum is awarded and the Sheriff returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ Old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controversie from the possession of both those that contend for it And it is double voluntary or necessary Voluntary is that which is used by the consent of each party Necessary is that which the Judge of his Authority doth whether the parties will or not It is used also for the act of the ordinary disposing of office the goods and chattels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. num 42. fol. 271 num 26. as also in the gathering of the fruits of a Benefice void to the use of the next Incumbent anno 28 H. 8. cap. 11. Fortescue cap. 50. and in divers other cases Sequestro habendo is a writ judicial for the dissolving of a seqnestration made by the Bishop at the Kings commandement of the fruits of a benefice thereby to compell 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 Register judicial fol. 36. a. Sergeants servians commeth of the French sergeant i. satelles accensus a man of the Guard a kind of Souldier so called because he was sepè accitus ad res necessarias in exercitu peragendas Calepin M. Skene de verb. signif verb. Serjeant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est inclndere gent. quod pro gente populo vel plebe usurpatur Itaque Serjandus disitur qui jussu magistratus quemlibet de populo reum crimints in carcerem corjicit seu includit This word Sergeant is diversly used in our Law and applyed to sundry offices and callings First a Sergeant at Law or of the Coyfe 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 of all others is there one Court severed to plead in by themselves and that is the Court of Common pleas where the Common law of England is most strictly observed These are made by the Kings mandat or VVrit directed unto them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to plead for him in all his causes as namely in causes of treason pl. cor li. 3. ca. pri And of these there may be more if it so please the King This is called in other Kingdomes Advocatus Regius Cassan de consuet Burgund pag. 850. VVith what solemnity these Sergeants be created read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County who in his first Chapter speaking of Appeals made before the Coroner hath these words in effect And then let the Coroner cause his appeal to be entred and the names of his sureties And afterward let commandement be given to the Sergeant of the County where the felony was committed that he have the body of the persons appealed at the next County And it is probable that this Officer was all one with him whom Bracton in his fifth book cap. 4. num 2. calleth Servientem Hundredi of whom he hath these words Post probationem defaltae faciet serviens Hundredi incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in antient time was called the Bayliff of the Hundred who as is declared in Bayliff had the like authority in his Hundred that the Shyreeve had in the County though inferiour to him and to be controlled by him as appeareth by divers antient presidents set down by Kitchin in his Tractat of Returns in Court Hundred Court-Baron c. I read also in Bracton lib. 3. tractat 2. cap. 28. Of the Kings Sergeant who is like to be also an Officer in the County in these words speaking of a woman ravished and what she ought to do for the pursute of the Ravisher sic ire debet ad prepositum Hundredi ad servientem Domini Râ—gis ad coronatores ad Vicecomitem ad primum comitatum faciat appellum suum And again eod l. c. 32. in these words si sine secta cognoverit se inde esse latronem coram vicecomite vel coronatore vel serviente Domini Regis c. And again lib. 5. tract 3. cap. 4. num 8. in these words Quid si servien Domini Regis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this Term was general to the Shyreeve Coroner and Bayliffs of Counties who in his sixt book cap. 3. § 1. hath these words Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse tunc ost ense hoc Vicecomiti statim praecipiat ballivo Hundredi vel iteneranti vel alteri servienti Regis quòd assumptis sibi l beris legalibus hominibus de viceneto illo ad curiam illius
domini si quem habuerit accedat c. And to help this probability I find that the Steward of a manner is termed serviens manerii Coke Vol. 4. Copihold cases fol. 21 a. Then is there a Sergeant at arms serviens ad arma whose Office is to attend the person of the King An. 7 H. 7. ca. 3. to arest Traitors or men of worth or reckning that do or are like to contemn Messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in judgement upon any Traitor and such like pl. cor lib. 3. cap. pri Of these by the Statute anno 13 R. 2. cap. 6. there may not be above thirty in the Realm This sort is called del espee In the custumary of Nor. car 5. which read There be also some two of these Sergeants of the Parliament one for the upper another for the lower house whose Office seemeth to serve for the keeping of the Doors and the execution of such Commandements especially touching the apprehension of any offender as either house shall think good to enioyn them See Cromptons Jurisdictions fol. nono See also Vowels aliâs Hookers book of the order of the Parliament There is one of these that belongeth to the Chancery who is also called a Sergeant of the Mace as the rest may be because they carry Maces by their office He of the Chancery attendeth the Lord Chancellor or Keeper in that court for the means to call all men into that Court is either by this Officer or by sub poena West pa. 2. Symb. tit Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions within the Kings houshold which be chief in their places of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace whereof there is a troop in the City of London and other Towns corporate that serve the Maior or other head Officer both for mesnial attendance and matter of Justice Kitchin fol. 143. And these are called Serviontes ad clavam New book of Entries ver scire facias in Mainperners fol. 538. cap. 3. Sergeantie Serriantia commeth of the French Sergeant i. satelles and signifieth in our Common law as service due to the King from his Tenent holding by such service For this service cannot be due to any L. from his Tenent but to the King only And this is either grand or petit as you shall find at large set down in Chivalry Of this also you may read Bra. l. 2. c. 16. c. 37. n. 5.4 et Brit. c. 66. n. 1. et 2. See Servies M. Skene de ver signif calleth this Sergeantery defining and dividing it as we do in England Servientihus as certain writs touching servants and their Masters violating the statutes made against their abuses which see in the Regist. orig fo 189. et 190 et 191. Service servitium though it have a general signification of duty toward them unto whom we owe the performance of any corporal labor of function yet more especially in our Common law it is used for that service which the Tenent by reason of his fee oweth unto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Servitium est munus obsequit clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military and noble commonly called Knights service or clownish and base commonly called Soccage of both which read Chiry as also scecage And Bracton lib. 2. ca. 16. Service is divided by Britton into personal and real cap. 66. where he maketh wards mariages homage Reliefs and such like to be real services personal I imagine may those be called that are to be persormed by the person of the Tenent as to follow his Lord into war c. The Civilians divide munera in this sort either in personalia or patrimonalia Then Bracton ubi supra num 7. distributeth servitium in intrinsecum extrinsecum aliâs forinsecum medium Servitium intrinsecum is that which is due to the capital Lord of the Mannro Forinsecum is that which is due to the King and not to the capital Lord but when he goeth in his own person to serve or when he hath satisfied the King for all services whatsoever And again in the same place he saith it is called Fornisecum quia fit capitur foris sive extra servitium quod fit Domino capitali See Forein service Of this read him ubi supra more at large and Fleta lib. 2. cap. 14. § Continetur Servitia quae nec intrinseca necforinseca sunt Bract. handleth in the same Chapter nu 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intriasecae nec forinsecae sed sunt quaed im servitia concomitantia sicut servitia regalia militaria etiambemagia adeo in cbartis non sunt exprimendae Quia si homagium praecesseris et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium et custodia et maritagium sive servitium sit militare vel seriantia propter exerciâ—um c. Here then Relief Ward and Mariage be those services which he calleth nec intrinseca nec forinseca sed concomitantia Service is also divided into frank service and base or villeinous service the one Bracton calleth liberum servitium the other servitium villanum or villenagium lib. 2. cap. 8. num pri This villenagium is Soccage in base tenure as to dung the Lords ground to serve him so many daies in harvest to plash his hedges c. or else copyhold All other services seem to be frank Service consisteâ—h some in seisance some in render Perkins Reservations 696. Service seemeth also to be divided into continual otherwise annual and casual or accidental An example of the sormer is the seisin of rent and of the other seisin of Relief Sir Edward Cokes Reports lib. 4. Bevils case fol. 9. a. See Copy hold See Soccage See Ayd Service secular anno 1 Ed. 4. cap. 1. which may be contrary to spiritual viz. the service divine commanded to spiritual men by their founders Servitours of Bills seem to be such servants or messenger of the Marshal belong-to the Kings Bench as were sent abroad with Bills or Writs to summon men to that Court being now more ordinarily called Tipstaffs Servitiis acquietandis is a Writ judicial that lyeth for one distreined for services by Iohn which oweth and performeth to Robert for the acquital of such services Register judicial fol. 27. a. et 36. b. Sessions Sessiones signifieth in our Common law a sitting of Justices in Court upon their commission as the Sessions of oyer and terminer pl. cor fol. 67. Quarter Sessions
these Sheriffs in Henry the sixth his daies see in Fortescue cap. 24. fol. 53. b. The name Vicecomes commeth from the Normans as Shyreeve commeth from the Saxons For in the fifth Chapter of the Grand Custumary you have Viconte which the Latine Interpreter turneth Vicecomitem whose Office you shall find in that Chapter to be very like unto ours The form of the Shyreeves oath see in the Register original fol. 331. b. Of this read Master Skene de verborum significat verbo Shyreeve where he largely describeth the Office of the Shyreeve in Scotland in a discourse worth the reading Shyreeveweke of Winchester and of Essex anno 21 R. 2. ca. 10 et 11. Sbire Clerk seemeth to be the Under-shyreeve anno 11 H. 7. cap. 15. It is used sometime for a Clerk in the County-Court Deputy to the Undershyreeve See Sir Edward Cooks 4 books of Reports in Mittons case Shire mote See Turn Shorling and Morling seem to be words to distinguish Fells of sheep as if Shorling should signifie the Fels after the Fleeces be shorn off the sheeps back and Morling the Fels flean off after they be killed or die alone Anno 3 Edward quart cap. prim et anno 4 ejusdem capit tertio et anno 12 ejusdem cap. 5. et anno 14 ejusdem cap. 3. Shot commeth of the Saxon word sceate signifying pecuniam aut vectigal Lamberds explication of Saxon words verbo Primitiae Shr of metal SI Siout aliâs is a Writ sent out in the second place whereas the first sped not Cook libro quarto folio 55. b. It is so called of these word expressed in it For example lacobus Dci gratiâ— c. Vicecomiti Kant salutem Praeciâ—imus tibi sicut alt sâ—praecepimuâ— quod non omiâ—tas propter aliquam libâ—rtatem in Bâ—llivaâ—na quin caming rediaris et Capias A.B.d. C. in Comitatu â—uo Labourer c. as in the first Capias Lamb. in his tractate of Processes in the end of his Eirenarcht Sidemen aliâs Questmen be those that are yearly chosen according to the custome of every Parish to assist the Church-warddens in the inquiry and presenting such offenders to the Ordinary as are punishable in the Court Christian Significavit is a writ de ex communicato sapiendo which issueth out of the Chancery upon a Certificate given by an Ordinary of a man that standeth obstinately excommunicate by the space of forty daies for the laying him up in Prison without Bayl or Mainprise untill he submit himself to the authority of the Church And it is so called because of the word significavit mentioned in the Writ De excommunicate capiendo which have relation to the Certificate sent into the Chancery by the Ecclesiastical Judge There is also another writ within the Regist. orig of this name fol. 7. a. directed to the Justice of the Bench willing them to stay any sute depending between such and such by reason of any excommunication alleged against the Plaintiff because the sentence of the Ordinary that did excommunicate him is appealed from and the Appeal vet hangeth undecided Which see and see Fitzher nat br De excommunicato capiendo fol. 62. N. but especially 66. A. where you may find writs of this name in other cases Sine assensu capituli is a writ that lyeth in case where a Dean Bishop Prebendary Abbot Prior or Master of Hospital alieneth the Land held in the right of his house without the consent of the Chapter Covent or Fraternity For in this case his successor shall have this Writ Fitz. nat br fol. 195. Si non omnes is a writ of association whereby if all in commission cannot meet at the day assigned it is permitted that two or more of them may finish the business See Association And Fitz. nat brev fol. 185. 111. C. and Register origin fol. 202 206. 124. Sirecognescant is a writ that lyeth for a Creditor against his Debtor for mony numbred that hath before the Shyreeve in County Court acknowledged himself to owe unto his Creditour such a sum received of him in numer at is pecuniis The form of the writ is this Rex Vicecomiti salutem Praec tibi quodsi A. recognoscaâ— se debere R. 40. solid sine ulteriori dilatione tunc ipsum distâ—ing as ad praedictum debitum eidem R. sine disatione reddendum Teste c. Old nat brev fol. 68. SK Skawe anno 4 Ed. 4. cap. 1. Skyvinagâ— anno 27 H. 6. cap. 2. a proper name signifying the precincts of Caleis SL Sluse exclusa is a frame to keep or let water out of a ground SO Soc soca is word signifying a power or liberty of Jurisdiction as appeareth by these words out of Bracton Sunt quidam Barones alii libertatem habentes sc soc sac Tol Thian Infangthefe Vtfangthefe isti possunt judicare in Curia sua eum qui inventus fueris insra libertatem suam seisitus de aliquo latrocinio manifesto et li. 3. Tractat. 2. cap. 8. In the laws of King Edward set out by M. Lamberd fol. 132. you have these words Socha est quod fi aliquis querit aliquid in terra sua etiam furtum sua est Justicia si inventum fuerit an non Saxon in the Description of Britany cap. 11. saith that Sock is a sute of Court and that thereof cometh Soken But the signification of the word as I have been credibly informed is as much as Inquisitio which we in modern English term seeking Of this Sok Skene de verborum signifie speaketh to this effect Sok is an old word used in Charters and feoffments which in sundry old Books containing the municipal Law of this Realm is called Secta de hominibus suis in curia secundum consuetudinem Regni So after my opinion he that is inscoffed with Sok which now we call Soit but we in England Sute hath power to hold Courts within his own Barony in which hemines sui should give Soit Thus far M. Skene Of this Fleta hath these words In hujusmodi vero maneriis speaking of the Kings Manors erant olim liberi homines libere tenentes quorum quidam cum per potentiores è tenemintis suis ejecti fuerant eadem postmodum in villenagium tenenda resumpserunt quia hujusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies nesectas facerent ad Comitatus vel Hundredos vel ad aliquas inquisitiones Assisas vel Juratas nisi in Manerio tantùm aum tamen proterra quorum congregationem tunc socam appellarunt hinc est quèd Socmanni hodie dicuntur esse A soco enim derivantur quorum tenementa sunt villenagium domini privilegiatum ideo dicuntur glebae aserlptitii eo quod ab hujusmedi glebis amovers non deberent quamdiu solverent debitas pensiones nec compelli poterunt ad hujusmodi tenementa tenenda contra suas voluntates eò quòdcorpora jua sunt libera Nec obstabit
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our Common law as much as vocatio in jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. cap. 19. Spoliation spoliatio is a writ that lyeth for an Incumbent against another Incumbent in case where the right of Patronage commeth not in debate As if a Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
used in our vulgar talk for the petit Sessions which are yearly kept for the disposing of Servants in service by the Statute anno 5 Elizabeth cap. 4. See Recognisance Statute sessions otherwise called Petit Sessions are a meeting in every Hundred of all the Shires in England where of custome they have been used unto the which the Constables do repair and others both Housholders and servants for the debating of differences between Masters and their Servants the rating of Servants wages and the bestowing of such people in Service as being fit to serve either refuse to seek or cannot get Masters anno 1 Eliz. cap. 4. Statu'o stapulae is a writ that lyeth to take his body to Prison and to seise upon his Lands and goods that hath forfeited a bond called Statute staple Regist orig fol. 151. a. Statutam de laborariis is a writ Iudicial for the apprehending of such labourers as refuse to work according to the Statute Reg. judi fol. 27. b. Statuto Mercatorio is a writ for the imprisoning of him that hath forfeited a bond called the Statute Merchant untill the debt be satisfied Regist origin fol. 146. b. and of these there is one against Lay persons ubi supra and another against Ecclesiastical 148. Stavisaker staphis agria vel herba pedicularis is a medicinable herb the kind and vertues thereof you have set forth in Gerards Herbal lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled anno 1 Jacob. ca. 19. Stenrerie is used for the same that Stannaries be in the statute anno 4 H. 8. cap. 8 See Stannaries Sterling Sterlingum is a proper epitheton for mony currant within the Realm The name groweth from this that there was a certain pure Coyn stamped first of all by the Easterlings here in England Stows Annals pag. 112. The which I rather believe because in certain old Monuments of our English and broken French I find it written Esterling so Roger Hoveden writeth it parte poster annalium fol. 377. b. M. Skene de verborum sipnific verbo Sterlingus saith thus Sterling is a kind of weight containing 32 corns or grains of wheat And in the Canon law mention is made of five shilling sterling and of a merk sterling ap 3. de arbitriss c. constituit 12. de procurator And the sterling peny is so called because it weighs so many grains as I have sundry times proved by experience and by the law of England the peny which is called the sterling round and without clipping weigheth 32 grains of wheat without tails whereof twenty make an ounce and 12 ounces a pound and eight pound make a gallon of wine and eight gallons maketh a bushell of London which is the eighth part of a quarter Hitherto M. Skene Buchanan lib. 6. saith that the common People think it so termed of Sterling a Town in Scotland Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth was ingraven in one quarter of the coin so termed cap. Item quia de testamentis vaerb Cent. solides in Glos Stews are those places which were permitted in England to women of prosessed incontinency for the proffer of their bodies to all commers it is derived from the French Estuves i. thermae vaporarium Balneum because wantons are wont to prepare themselves to these venerous acts by bathing themselves And that this is not new Homer sheweth in the 8 book of his Odiss where he reckneth hot bathes among the effeminate sort of pleasures Of these stewes see the statute anno 11 Hen 6. ca. pri Steward See Seneschall and Stuward Steward of the Kings house an 25 Ed. 3. statute 5. cap. 21. Stily ard Guilda Theutonicorum anno 22 H. 8. ca. 8. et anno 32 ejusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almain an pri Ed. 6. cap. 13. are wont have their abode See Geld. It is so called of a broad place or Court wherein Steel was much sold upon the which that house is now founded Nathan Câ—itraeus See Hawnse Stone of wool Petra lanae see Weights See Sarpler It ought to weigh 14 pounds yet in some places by custome it is more See Cromptons Justice of peace f. 83. b. Straife aliâs Stray See Estry Straits anno 18 H. 6. ca. 16. Streme works is a kind of work in the Stanaries for saith M. Camden titulo Cornwall pa. 119. Horum Stanarioâ—um five metallicorum operum duo sunt genera Alterum Lode-works alterum streme works vo cant Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt illud in locis aeditiorsbus cum in montibus puteor quod Shafts vcc in t in magnam attitudinem defodiunt et cuniculos agunt These you may read mentioned an 27 H. 8. cap. 23. Stirks Strip See Estreapement SU Suard aliâs steward senescallus seemeth to be compounded of Steed and ward and is a word of many applications yet alway signifieth an officer of chief account within the place of his sway The greatest of these is the Lord high Steward of England whose power if those Antiquities be true which I have read is next to the Kings and of that height that it might in some sort match the Ephori amongst the Lacedemonians The custom of our Common-wealth hath upon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but only for the dispatch of some especiall businesse at the arraignment of some Nobleman in the case of treason or such like which once ended his Commission expireth Of the high Steward of Englands Court you may read Cromptons Jurisd f. 28. I have read in an antient Manuscript of what credit I know not that this Officer was of so great power in antient times that if any one had sought justice in the Kings Court and not found it he might upon complaint therof made unto him take those Petitions and reserving them to the next Parliament cause them there to be propounded and not only so but also in the presence of the King openly to rebuke the Chancellor or any other Judge or officer whom he found defective in yeilding Justice And if in case the judge or Officer so reprehended did allege that his defect grew from the difficultie of the case insomuch as he durst not adventure upon it then the case being shewed and so â—ound the Lord Steward together wich the Constable of England there in the presence of the King and Parliament might elect five and twenty persons or more or fewer according to their discretion and the case or cases in question some Earls some Barons some Knights some Citizens and Burgesses which upon deliberation should set down what they thought just and equal and their decree being read and allowed by Parliament did
peace may a Iustice of peace command either as a Minister when he is willed so to do by a higher authority or as aludge when he doth it of this own power derived from his Commission Of both these see Lamberds Eirenarcha lib. 2. cap. 2. pa. 77. See Peace See Supplicavit Suffragan Suffraganeus is a titular Bishop ordained and assisted to aid the Bishop of the Diocesse in his spiritual function c. Suffraganeus Extra de electione For the Etymologie Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur Joach Stephanus de jurisdict lib. 4. cap. 16. num 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Diocesse and to present them to the King that he might give the one of them such Title Stile Name and Dignity of sease in the said Statute specified as he should think convenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our Common law a following of another but in divers senses the first is a sute in Law and is divided into sute real and personal Kitchin fol. 74. which is all one with action real and personal Then is there sute of Court or sute service that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat brev in Indice verbo Suite suyte service and suyte real anno 7. H. 7. cap. 2. The new Expositour of Law terms maketh mention of four sorts of sutes in this signification Sute covenant sute custome sute real and sute service Sute covenant he defineth to be when your Ancestor hath covenant with mine Ancestor to sue to the Court of mine Ancestors Sute custome when I and my Ancestors have been seised of your own and your Ancestors sute time out of mind c. Sutereal when men come to the Sheriff Turn or Leet to which Court all men are compelled to come to know the Laws so that they may not be ignorant of things declared there how they ought to be governed And it is called real because of their allegiance And this appeareth by common experience when one is sworn his oath is that he shall be a loyal and faithfull man to the King And this sute is not for the Land that he holdeth within the County but by reason of his person and his abode there and ought to be done twice a year for default whereof he shall be amerced and not distrained I think this should be called ratherregal or royal because it is performed to the King for royal The French word in the usual pronuntiation commeth near to real the letter o being almost suppressed See Leet Suyte service is to sue to the Sheriff Turn or Leet or to the Lords Court from three weeks to three weeks by the whole year And for default thereof a man shall be distrained and not amerced And this sute service is by reason of the tenure of a mans Land Then doth sute signifie the following of one in chase as fresh sute West 1. cap. 46. a. 3 Edw. 1. Lastly it signifieth a Petition made to the Prince or great personage Suyte of the Kings peace secta pacis Regis anno 6 R. 2. stat 2. cap. pri anno 21 ejnsdem cap. 15. anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace by treasons insurrections rebellions or trespasses Summoneas is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Register Judicial Summoner summonitor signifieth one used to call or cite a man to any Court. These by the Common law ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes qued sint coram talibus Justiciarits ad certos diem â—locum secundum mandatum Justiciariorum Vicecomiti directum parati inde facere recognitionem lib. 4. cap. 5. § Et cum Summons summonitio see Summons Common Summons Marlb cap. 18. anno 52 Hen. 3. it l. Summons in terra petita Kitch fol. 286. is that Summons which is made upon the Land which the party at whose sute the summons is sent forth seeketh to have Summons ad warrantizandum Dyer fol. 69. nu 3â— Sumage Sumagium seemeth to be toll for carriage on horse-back Crompton Jurisd fol. 191. For where the Charter of the Forest cap. 14. hath these words for a horse that beareth loads every half year a half penny the Book called Pupilla oculi useth these words pro uno equo portante summagium per dimidium annum obolum It is otherwise called a Seam And a Seam in the Western parts is a Horse-load Superoneratione pasturae is a writ Iudicial that lyeth against him who is impleaded in the County for the over-burthening of a Common with his cattell in case where he is formerly impleaded for it in the County and the cause is removed into the Kings Court at Westm Supersedeas is a writ which lyeth in divers and sundry cases as appeareth by the Table of the Register original and the Iudicial also and by Fitzh nat bre fol. 226. and many other places noted in the Index of his Book verbo Snpersedeas But it signifieth in them all a command or request to stay or forbear the doing of that which in apparence of Law were to be done were it not for the cause whereupon the Writ is granted For example a man regularly is to have surety of peace against him of whom he will sweat that he is asraid and the Iustice required hereunto cannot deny him Yet if the party be formerly bound to the peace either in Chancery or elsewhere this writ lyeth to stay the lustice from doing that which otherwise he might not deny Super statutum Edward 3. vers servants and labourers is a writ that lyeth against him who keepeth my servants departed out of my service against Law Fitz. nat fol. 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupyeth vittelling either in grosse or by retail in a City or Borough Town during the time he is Major c. Fitz. nat brev fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in chief which alienateth the Kings Land without the Kings license Fitzh nat brev fol. 175. Super statuto facto pour Seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his Court of Freehold or for trespasse contracts not made within the Kings houshold Fitzherbert nat brev fol. 241. Super statuto de Articulis Cleri cap. 6. is a writ against the Sheriff or other Officer that distraineth in the Kings high-way or in the glebe Land antiently given to Rectories Fitz. nat brev
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As 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 fo 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 lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a Statute forfeited unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between him and his wife Tenent by the courtesie Idem fol. 159. i. he that holdeth for his life by reason of a child begotten by him of his wife being an Inheritrix and born alive Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in Mortgage Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage Tenent in frank fee tenent in villenage Sometime they import the estate of the Tenent or his continuance in the Land as Tenent in fee simple Kitchin fol. 150. Tenent in fee tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
against great personages of the Realm whose bodles may not be medled with in actions of debt And therefore if the Sheriff return nibil habes in balliva mext in a case of execution another writ shall be sent out into any other County where such personage is thought to have whence to satisfie which is termed a Testatun because the Sheriff hath formerly testified that he sound nothing in his Bayliweek to serve the turn See Kitchin in his Returns of writs fol. 287. b. Teste is a word commonly used for the last part of any writ so called because the very conclusion of every writ wherein the date is contained beginneth with these words teste meipso c. if it be an original writ or if judicial teste Thom. Flemming or Edwardo Cook according to the Court whence it commeth Where I may note by the way that in Glanvile lib. pri cap. 6. 13. lib. 2. cap. 4. I find the form of an original writ in the last clause to be teste Ranulpho de Glanvilla apud Clarindon c. And divers times in the Regist. orig Teste custode Angliae as namely in the title Prohibition fol. 42. a. and Consultation fol. 54. b. TH Thanus is a made Latine word of the Saxon thegn which commeth of thenian i. alicuiministrare It signifieth sometime a Noble-man sometime a free man sometime a Magistrate sometime an Officer or Minister Lamb. in his exposition of Saxon words verbo Thaâ—us See the place See Vavasour M. Skene de verbor significat saith as it is the name of a dignity and appears to be equal with the Son of an Earl And Thanus was a Free-holder holding his Land of the King And a man not taken with the fang that is with the manner as we say accused of theft no sufficient proof being brought against him must purge himself by the oath of seven and twenty men or of 3 Thanes Thanagium Regis signifieth a certain part of the Kings lands or property whereof the rule and government appertaineth to him who therefore is called Thanus For Domania Regis and Thanagia Iidem significant It is a Dutch word For teiner signifieth a servant and teinen to serve And thane is likewise a servant and under-thane an Inferiour thane or subject Thus far Master Skene Thack-tile anno 17 Ed. 4. ca. 4. otherwise called plain tyle is that tyle which is made to be layed upon the side and nor upon the rudge of a tyled house anno 17 Ed. 4. cap. 4. Theam See Team Theft furtum is an unlawfull felonious taking away of another mans moveable and personal goods against the owners will with an intent to steal them West parte 2. symbol titulo Inditements sect 58. where also he saith that theft is from the person or in presence of the owner or in his absence Theft from the person or in the presence of the owner is of two sorts the one putting the owner in fear the other not Idem eodem sect 59. The former is properly called Robbery ibid. sect 60. The new Expounder of Law terms verbo Larcenie divideth theft into theft so simply called and petit or little theft Whereof whereof the one is of goods above the value of twelve pence and is selouy the other under that value and is no felony But see Felony Theftbote is made of thefe and boete i. compensaâ—io and signifirth properly the receiving of good from a Thief to the end to favour and maintain him The punishment whereof is ransome and imprisonment and not losse of life and member Stawnf pl. cor lib. prim cap. 43. And the mirror of Justices lib. 2. cap. des peches criminals al sute le Roye And yet he there maketh mention of a Record alleged which testistified a judgement of life and member given in this case Thegne See Thanus and Thingus Them See Team It signified acquietantiam amsrciamentoruus sequelae propriorum serverum Fleta lib. prim cap. 47. sect Theme Thelonium See Tholle and Tholonium and Tolle Thelonio rationabili habendo pro Dominis babentibus Dominica Regis ad firmam is a writ that lyeth for him that hath of the Kings demesn in fee ferm to recover reasonable toll of the Kings tenents there if that his demesn have been accustomed to be tolled Regist orig fo 87. b. Thingus Cromptons jurisd fol. 197. seemeth to be used for the Saxon Thegne See Thanus His words are these speaking of a Charter or Grant made by a Lord of a Forest Scietis me concessisse omnibus militibus omnibus thingis omnibus liberè tenentibus qui manent in Foresta mea de Honore de Lancaster quod possunt c. Fleta writeth it Tlein and saith quod significat liberum Then significat servum Fleta lib. prim cap 47. See Thanns and Thingus Thridborow is used for a Constable anno 28 Hen. 8. cap. 10. which also is noted by M. Lamberd in his Tractate intituled The duty of Constables pag. 6. which seemeth to be corruptly used for the Saxon freoborh i. ingenuus fidejussor or freborhesheofod i. vas primarius Idem in his explication of Saxon words verbo Centuaria Thrid with hawan man trium noctium hospes who if he did any harm his Host by the laws of Saint Edward and of the Conqueror was answerable for the harm Rogerus Hoveden parte poster suorum annal fol. 345. Thokei of fish anno 22 Ed. 4. cap. 2. Tholl Thollonium est libertas emendi et vendendi in terra sua Archainom Lam. fol. 132. See Toll Thrave of corn anno 2 Hen. 6. cap. 2. consisteth of two shooks and every shook containeth six sheeves It seemeth to be a word proper to the North parts Thrimsa commeth of Threo that is three and signifieth a peece of money of three shillings Lamb. explica of Saxon words verbo Thrimsa TI Tilsen of saten anno 1 Hen. 8. cap. 14. Tincell commeth of the French Estincelle i. scintilla or the verb Estinceller i. scintillare It signifieth with us a stuff or cloath made partly of silk and partly of gold or silver so called because it glistereth or sparkleth like starres Tissue is a French word signifying asmuch as woven Cloath of Tissue with us cloath of silk and silver or of silk and gold woven together Tithe Decimae seemeth to be an abbreviat of tything being the Saxon Teethung a little altered which signifieth Decuriam Lamb explication of Saxon words verbo Decuria It fignifieth in our Common law the tenth part of all fruits predial or personal which be due to God and so consequently to his Minister toward the recompence of his pains taken in instructing his charge how to live after Gods commandements and his continuall intercession that he doth or ought to make unto God for their both spirituall and temporall blessings Leâ—it cap. 27. versu 30. I say the tenth part though Covarruvias with other learned Canonists and Schoolmen hold the rate of tithes not to be necessarily the
defined as when a servant killeth his Master or a VVife her Husband or when a secular or religious man killeth his Prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed see Cromptons Iustice of peace And this manner of treason giveth forfeiture of Escheats to every Lord within his own fee anno 25 Edw. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri et 2. Treason compriseth both high and petit treason anno 25 Ed 3. stat 3. ca. 4. Treasure trove Thesaurus inventus is as much as in true French Tresor trouve i. treasure found and signifieth in our Common law as it doth in the Civil law id est veterom depositionem pecuniae cujus non extat mâ—mâ—â—ia ut jam dominum non habcat l. 31. sect prim de acquir rerum Dom. Neer unto which definition commeth Braction lib. 3. tract 2. cap. 3. num 4. And this treaâ—ure â—ound though the Civil law do give it to the finder according to the law of nature yet the law of England giveth it to the King by his Prerogative aâ— appeareth by Bracton ubi supra And therefore as he also saith in the 6 Chapter it is the Coroners office to enquire thereof by the Country to the Kings use And Stawnford pl. cor lib. prim cap. 42. saith that in antient times it was doubtfull whether the concealing of treasure found were felony yea or not and that Bracton calleth it gravem praesumptionem et quasi crimen furti But the punishment of it at these daies as he proveth out of Fitzh Abridgement pag. 187. is imprisonment and fine and not life and member And if the owner may any waies be known then doth it not belong to the Kings Prerogative Of this you may read Brâ—ton also cap. 17. who saith that it is every Subjects part as soon as he hath found any treasure in the Earth to make it known to the Coroners of the County or to the Bailiff c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French treserier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest 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 charge and government is all the Princes wealth contained in the Exchequer as also the check of all Officers any way imployed in the collecting of the Imposts Tributes or other Revenues belonging to the Crown Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his Office see anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim et anno 17 ejusdem cap. 5. et anno prim R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri Ed. 6. cap. 13. Ockams Lucubrations affirm that the Lord chief Iustice had this authority in times past and of him hath these words Iste excellens Sessor omnibus quae in inferiore vel superiore schaccio sunt prospicio Adnutum ipsius quaelibet officia subjects disponuntur sic tamen ut ad Domini Regis utilitatem justo perveniant Hic tameninter caterae videtur excellens quod potest his sub testimonio suo breve domini Regis fâ—cere fieri ut de thesauor quaelibet summa libixetur ved us computetur quod sibi ex Domini Regis mandato pranoverit computandum vel si maluerit breve suum sub aliarum testimonio faciet de his rebus This high Officer hath by varetie of his Office at this day the nomination of the Eschetors yearly throughout England and giveth the places of all Customers Controllers and Searchers in all the Ports of the Realm He sitteth in the Chequer Chamber and with therest of the Court ordereth things to the Kings best benefit He with the Barons may by Statute stall debts of three hundred pounds and under And by Commission from his Majesty he with others joyned with him letteth leases for lives or years of the lands that came to the Crown by the dissolution of Abbies He by his Office giveth warrant to certain men to have their wine without impost He taketh declaration of all the mony paid into the Receipt of the Exchequer and of all Receivers accompts Then is there a Treasurer of the King houshold who is also of the Privy Councel in the absence of the Steward of the Kings Houshold hath power with the Controller and the Steward of the Marshalsea without commission to hear and determine treasons misprisions of treasons murder homicide and blood shed committed within the Kings Pallace Stawnfopl cor l. 3. c. 5. In the statute an 28 R. 2. c. 18. et 11 H. 7. ca. 16. mention is made of the Treasurer of Calis In Westm. 2. cap. 8. of the Treasurer of the Exchequer et anno 27 Edw. 3. stat 2. cap. 18. et anno 35 Eliz. cap. 4. of the Treasurer of the Navy or Treasurer of the wars or garrisons of the Navy anno 39 El. 7. Treasurer of the Kings Chamber anno 26 H. 8. cap. 3. et anno 33 ejusdem cap. 39. Treasurer of the wars anno 7 Henr. 3. cap. prim anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrope anno 15 Edw. 3. stat prim cap. 3. et anno 25 ejusdem stat 5. cap. 21. whose office you have well set out in Fleta lib. 2. cap. 14. Treasurer of the County for poor Souldiers anno 35 Eliz. cap. 4. And most Corporations through the Kingdom have an Officer of this name that receiveth their rents and disburseth their common expences Treat commeth of the French traire i. emulgere and signifieth in the Common law as much as taken out or withdrawn As a Iurour was challenged for that he might not dispend forty pounds and for that cause he was treat by the Statute Old nat br fol. 159. that is removed or discharged Bread of treat anno 51 H. 3. Statute of Bread c. what it signifieth I cannot learn Trespasse Transgressio is a French word signifying a much as Mors obitus excessus The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our Common law and language it is used for any gransgression of the law under treason felony or misprission of treason or of feâ—ony or may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parliament to depart from the Parliament without the Kings license is neither treason nor felony but trespals And again fol. 31. saying that where it was wont before the Statute made anno prim Edw. a
in this signification is it borrowed from the Feudists with whom Investitura signifieth a delivery of possession by a spear or staff and vestura possession it self Hotomon in verbis feudal verbo Investura Vesture of an acre of land anno 14 Ed. prim stat prim is the profit of it anno 13 Edw. 1. cap. 25. VI Vice-treasurer of the Exchequer 1 Jacob. 26. See Under-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Sheriff in his County Court or the Bayliffin his Hundred performeth in looking to the Kings peace and seeing that every Free-man be in some pledge This is called of Bracton lib. 2. cap. 5. nu 7. in fine Res quasi saora quia solam personam Regis respicit quod introductus sit pro pace et communi utilitate eodem cap. 16. num 8. in fine See frankpledge and Leet and Deceâ—nier See the new book of Entries verb. view of frankpledge Veiours visores commeth of the French Veoyer i. cernere intueri despicere prospicere videre and signifieth in our Common law those that are sent by the Court to take view of any place in question for the better decision of the right Old nat br fol. 112. So doth Bracton use it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoin themselves de malo lecti whether they be in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. et cap. 14. per â—totum Lastly it is used for those that are sent or appointed to view an offence as a man murdered or a Virgin ravished See View Vicario deliberando occasione cujusdam Recoguitionis c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Viois et venellis mundandis is a writ that lyeth for a Maior and Bayliffs of a Town c. For the clean keeping of their streets Regist orig fol. 267. b. View visus commeth of the French veve i. visus aspectus conspectus prospectus and signifieth with us the act of viewers For as the Author of the Terms of Law saith when any action real is brought and the Tenent knoweth not well what land it is that the Defendent asketh then he may pray the view that is to say that he may see the land which is claimed of this Briton speaketh ca. 45. This point of proceeding we have received from the Normans as it appeareth by the Grand customary cap. 66. where you shall read to this effect It is to be known that there be divers sorts of views one of a fee another of a man in sicknesse another of an offence as of a man slain or a Virgin deflowred all which he describeth in that place and again cap. 80 et 96. which are worth the reading this view at this day is used in an Assise of rent service rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curia claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quo jure Idem fol. 128. L. In the writ de rationalibus divisis Idem fol. 129. D. And in the writ de secta ad molendinum Idem fol. 123. B. See the new book of Entries verb. View and see Fleta how this view is made lib. 4. cap. 6. See Veiours Vicechamberlain called underchamberlain anno 13 R. 2. stat 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlement of all Officers superior and inferior whatsoever appertaining to that part of his Majesties houshold which is called the Chamber wherein is included as well the Bed-chamber as the Privy-chamber the Presence and the great Chamber and all other Rooms as Galleries c. thereto belonging with the Councell-chamber Privy Closet c. And in the Lord Chamberlains absence he keepeth his Table in the great Chamber commanding and overseeing the attendance of all to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel or to speak with Ambassadors or else walking or riding forth Vicount alias Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with us as much as Sheriff Between which two words I find no other difference but that the one commeth from our Conquerors the Normans and the other from our Ancustors the Saxons wherefore see more of this in Shyreeve Vicount also signifieth a degree of Nobility next unto an Earl which as M. Camden Britan. pag. 70. saith is an old name of office but a new one of dignity never heard of amongst us untill Henry the sixth his daies But this degree of honor is more antient far in other Countries Casson in gloria mundi parte 5. consid 55. whom you may read Vicountiel is an Adjective made of Vicountie and signifieth as much as belonging to the Vicount as Writs Vicountial are such Writs as are triable in the County or Sheriffs Court Old nat br fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br fol. 184. b. There be also certain ferms called Vicountiels which the Sheriff for his time payeth a certain rent for to the King and maketh what profit he can of them See the Statute anno 33 34 H. 8. cap. 16. anno 2 et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund Vi laica removenda is a writ that lyeth for the removing of forcible possession of a benefice kept by lay men And this writ is granted some time upon the Certificate of the Bishop into the Chancery that there is such a force in his Dioces some time upon a surmise made thereof by the Incumbent himself without the Certificate of the Bishop and hath a several form for either case Fitzh nat br fol. 54. Register origin fol. 59. 60. Villanis Regis subtractis reducendis is a writ that lyeth for the bringing back of the Kings bondmen that have been carried away by others out of his Manors whereto they belonged Registor origin folio 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our Common law a bondman or as much as Servus among the Civilians Of these there be two sorts in England as Sir Thomas Smith saith in his Repub Anglo lib. 3. cap. 8. one termed a villein in grosse which is immediately bound to the persons of his Lord and his heirs the other a villein regardant to a Manor whom the Civilians term glebae aseriptitium being bound to their Lord as members belonging and annexed to such a manor whereof the Lord is owner This division is
going under Saxons name cap. 7. I read that Belinus a Briton King made these four waies whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwell and passing forth by Devonshire Somersetshire and so along by Tetbury upon Toteswould besides Coventree unto Lecester and thence by the wide plains to Newark and to Lincoln where it endeth The second he nameth Watling street comming out of the South east toward the Fosse beginning at Dover and passing through the middle of Kent over Thames beside London near Westminster and thence to Saint Albons by Donstable Stratford Towceter Wedon Lilborn Atheriston Gilberts hill now called Wreaken by Severn Workcester Stratton and so forth by the middle of Wales unto Cardican and the Irish seas The third he calleth Erminage street stretching out of the West North-west into the East South-east from S. Davids in the West Wales unto Southampton The fourth he called Rikenild street stretching forth by Worchester by Wicomb Brinhingham Litchfield Derby Chesterfield and by York forth into Tynmouth But he that listeth to read at large of these waies let him have recourse to the first volume of Holinsheds Chronicle and the description of England there the 19 chapter Where this antiquity is far otherwise declared than by the former writers Henry of Huntington likewise in the first book of his History not far after the beginning mentioneth these four Streets terming them calles Regia sublimatos anthoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffs anno 28 H. 6. cap. 5. is an Officer belonging to the City of London which hath the supervision and search of fish that is brought to that City as also the gathering of the toll rising from that water He is reckoned an Esquire by his Office as the Sword-bearer the Huntsman and the chief Sergeant is He also attendeth upon the Lord Maior for the time being and hath the principal care of marshalling the guests at his Table Way See Chimin WE Weif wavium whence it hath his original I cannot certainly say But I find the 19 chap. of the Grand Customary of Normandy to be intituled De choses gaines and latined by the Interpreter De rebus vaivis which are there tus defined vaiva sunt res vel alia quae nullius proprietati attributa sine possessionis reclamations sunt inventa quae usque ad diem aâ—â—um servanda sunt Et deâ—is modo quo dictum est de veriscis that is weeks ea sua esse probantibus est restitutio facienda c. This weif or things weived have the very same signification in our Common law and be nought but things forsaken The Civilians call it Derelictum or Quod est pro derelicto Bracton in the twelfth Chapter of his first book nsâ— 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur sicut de averiis ubi non apparet Dominus where he also saith quòd olim fueruut inventoris de jure naturali et jam essiciuntur principis de jure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a year and a day it appeareth by Briton in his seventeenth chapter Now the Kings in their times have granted this and such like Prerogatives unto divers Subjects with their fees who there likewise saith that waifs things lost and estrayes must by the Lord of the franchise where they are found be caused to be cryed and published in Markets and Churches near about or else that the year and day doth not run to the prejudice of him that hath lost them See Waive M. Skene de verborum signif verb. waif saith that waif est pecus vel animal aberrans which wanders and waivers without a known Master and being found by any man within his own bounds must be by him proclaimed upon divers and sundry Market daies at the Parish Church and within the Sheriff-dome Otherwise the Deteyner may be accused of theft And it is lawfull for the owner to challenge the beast within a year and a day Whereby it appeareth that in Scotland that is called a weif which we here call a stray or estray Would of Kent is the woody part of the Country Camden Britannia pag. 247. M. Verstegan in his restitution of decayed intelligence saith that Wald Weald and Would differing in vowel signifie one thing to wit a Forest See the rest litera W. Wedding Nuptiae commeth of the German wed i. pignus and wed in Scotland signifieth so much at this day Skene de verborum signif verbo vadium Weigh waga is a certain weight of cheese or wool containing 256 pounds of avoyr de poyce See Clove Weights Pondera what they be it is well known There be two sorts of them in use with us The one called Troy weight which containeth twelve ounces in the pound and no more by the which Pearl precious stones electuaries and medicinal things gold silver and bread be weighed The other is called Aver de pois which containeth 16 ounces in the pound By this all other things are weighed that pass between man and man by weight saving only those above named Why the one should be called Troy weight I have not learned though I read it termed libram unciam Trojanam as if it came from Troy But Georg. Agricola in his learned Tractate de ponderibus mensuris pag. 339. termeth the pound of twelve ounces libram medicam and the other of sixteen ounces libram civilem saying thus of them both Medica civilis libra numero non gravitate unciarum differunt The second seemeth so to be termed by reason of the more full weight for Avoir de pois in French is as much as to say as to have full weight But by these words avoir depois are some time signified such Merchandize as are bought and sold by this kind of weights The first statute of York an 9 Ed. 3. in prooem an 27 Ed. 13. stat 2. cap. 10. anno 24. H. 8 cap. 13. Of weights in Scotland See Skene ac verbo signif verbo Serplathe All our weights and measures have their first composition from the penny sterling which ought to weigh two and thirty wheat corns of a middle sort twenty of which pence make an ounce and twelve such ounces a pound or twenty shillings but fifteen ounces make the Merchants pound Fleta lib. 2. cap. 12. It is not unlike that this Merchants pound though an ounce less should be all one in signification with the pound of Avoir de pois and the other pound called by Fleta troue weight plainly appeareth to be all one with that which we now call Troy weight And I find not Troy weight mentioned by any other that ever I read upon this subject but only our own Country men See Tronage Weights of Awncell anno 14 Ed.
which doctrine Fitzherbert in his Natura brevium fol. 112. E. extendeth thus far that if any of the goods be cast upon the dry Land by any in the ship it is no wreck subject to the Prerogative for by this some of the Ship are presumed to come to land and still to have a custody of the goods Cook ubi supra This in the Grand Customary of Normanny cap. 17. is called varech and latined veriscum where it appeareth that the like law to ours was in Normandy almost in all points But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative though a just challenge of the goods be made within the year and day The Emperors of Rome made no advantage of this pitifull event as appeareth titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poor sea-mens miseries in this case For he quietum clam evit wreck suis subditis Rog. Hoveden parte poster suerum annâ—l fol. 386. Of this M. Skene de verb. siguif speaketh to this effect wreck signifieth a power liberty and prerogative appertaining to the King or to any person to whom the same is granted by him by feoffment or any other disposition to take up and gain such goods as are ship-broken or fall to him by escheat of the sea Writ breve is that with our Common Lawyers in Sir Thomas Smiths judgement lib. 2. de Repub. Anglorum ca. 9. which the Civilians call Actionem sive formulam But I am rather of his judgement that hath added the marginal note unto him saying that Actio is the parties whole sute and that Breve is the Kings precept whereby any thing is commanded to be done touching the sute or action as the Defendant or Tenent to be summoned a distresse to be taken a disseisin to be redressed c. And these writs are diversly divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original writs be those that are sent out for the summoning of the Defendant in a personal or Tenent in a real action or other like purpose before the sute beginneth or to begin the sute thereby Those be judicial that be sent out by order of the Court where the cause dependeth upon occasion growing after sute begun Old nat brev fol. 51. And Iudicial is thus by one sign known from the Original because the Teste beareth the name of the Chief Iustice of that Court whence it commeth where the Original beareth in the Teste the name of the Prince Then according to the nature of the action they be personal or real and real be either touching the possession called writs of Entry or the property called writs of right Fitz. nat br sparsim per totum Some writs be at the sute of a party some of office Old nat br fol. 147. Some ordinary some of privilege A writ of privilege is that which a privileged person bringeth to the Court for his exemption by reason of some privilege See Procedendo See the new book of Entries verbo Privilegt See Brief Writ of Rebellton See Commission of Rebellion Writer of the Tallies Scriptor talliarum is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writeth upon the Tallies the whole letfers of the Tellers bills Y. YA YArd lands Virgata terrae is a quantity of land called by this name of the Saxon Gyrdlander but not so certain a quantity as that it is all one in all places For in some Countries it containeth 20 acres in some 24. in some 30. as M. Lamberd saith in his explication of Saxon words verbo virgata terrae This Yard land Bracton calleth virgatam terrae lib. 2. cap. 10. et 37. but he expresseth no certainty what it containeth YE Year and day annus et dies is a time thought in construction of our Common law fit in many cases to determine a right in one and to work an usucapion or prescrition in another As in a case of an estray if the owner Proclamations being made chalenge it not within that time it is forfeit So is the year and day given in case of appeal in case of descent after entry or claim of no claim upon a fine or writ of right at the Common law so of a villein remaining in antient demean of the death of a man sore bruised or wounded of Protections Essoins in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law Nam si mortiferè fuerit vulneratus et posteà post longum intervallum mortuus fit inde annum numerabimus secundum Iulianum l. ait lex n. ad legem Aquiâ— Year day and wasto annus dies et 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 be Lord of the Manor whereunto the lands or tenements do belong and not only so but in the end wasteth the tenement destroyeth the houses rooteth up the woods gardens pasture and ploweth up meadows except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee wherof you may read at large Siawnf prarog cap. 16. fol. 44. et seq YO Yoman seemeth to be one word made by contraction of two Danish words young men which I gather out of Canutus Charter of the Forest set out out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend â—uncupant Dani vero yong men vecaut locati qui curam et onus tum viâ—idâ—s tum veneris suscipiant These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Iugenuos whose opinion the Statute affirmeth anno 6 R. 2. cap. 4 Whereunto adde the Statute anno 20. ejusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our Laws call legalem hominem which as he saith is in English a â—ee man born that may dispend of his own free land in yearly revenue to the sum of 40 shillings sterling Of these he writeth a good large discourse touching their estate and use in this Common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch Yonger yea or not which in the Low-countries signifieth a mean Gentleman or a gay fellow but he that hath added the marginal notes to that book seemeth to draw it from the Saxons Geman which signifieth a maried man M. Verstegan in his restitution of decayed intelligence cap. 10. writeth that Gemen among the antient Teutonicks and Germein among the modern signifieth as much as common and that the first Letter G. is in this word as in many others turned into Y. and so writeth Yemen and that therefore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place between the Sergeant and the Groom as Yoman of the Chaundry and Yoman of the Scullery an 33 Hen. 8. cap. 12. Yoman of the Crown anno 3 Ed. 4. cap. 5. anno 22 ejusdem cap. 1. anno 4 H. 7. cap. 7. This word Yongmen is used for Yomen in the Statute anno 33 H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS