called the foote of the fine The Chirographer also or his debuty doth proclaime all the fines in the court euery tearme according to the Statute and then repayring to the office of the custos breuium there indorseth the proclamations vpō the backside of the foot thereof and alwaie keepeth the writ of couenant as also the note of the fine Chivage See Chevage Chivalrie servitium militare commeth of the French chevalier i. eques and signifieth in our common lawe a tenure of land by knights seruice For the better vnderstanding whereof it is to be knowne that there is noe land but is holden mediatly or immediatly of the Crowne by some seruice or other and therfore are all our free-houlds that are to vs and our heires called feuda feese as proceeding frō the benefit of the King for some small yearely rent and the performance of such seruices as originally were laid vpon the land at the donation thereof For as the king gaue to the great Nobles his immediat tenents large possessions for euer to hold of him for this or that rent and seruice so they againe in time parcelled out to such as they liked their lands so receiued of the kings bountie for rents and seruices as they thought good And these seruices are all by Litleton diuided into two sorts chivalry and socage The one is martiall and military the other clownish and rusticall Chivalrie therefore is a tenure or seruice whereby the tenent is bound to performe some noble or military office vnto his Lord and is of two sorts either regall that is such as may hold onely of the king or such as may also hold of a common person as well as of the king That which may hold onely of the King is properly called servitium or sergeantia and is againe diuided into grand or petit i. great or small Great commonly called grand sergeantie is that where one holdeth lands of the King by seruice which hee ought to doe in his own person vnto him as to beare the kings baner or his speare or to leade his hoast or to be his Marshall or to blow a horne when he seeth his enemies inuade the land or to find a man at armes to fight within the foure Sease or else to do it himselfe or to beare the kings sword before him at his coronation or at that day to be his sewer caruer butler or chamberlaine Litleton tit Sergeantie Petit Sergeantie is where a man holdeth land of the king to yeeld him yearely some small thing toward his warres as a sword dagger bowe knife speare paire of gloues of maile a paire of spurs or such like Litleton titulo petit Sergeanty Chivalry that may hould of a common person as well as of the king is called scutagium escuage that is seruice of the shield And this is either vncertaine or certaine Escuage vncertaine is likewise two-fold first where the tenent by his tenure is bounde to follow his lord going in person to the kings wars against his enemies either him selfe or to send a sufficient man in his place there to be maintained at his cost so many daies as were agreed vpon betweene the lord and his first tenent at the graunting of the see And the daies of such seruice seeme to haue bene rated by the quantity of the land so houlden as if it extend to a whole knights fee then the tenent was bounde thus to follow his lord fourty dayes And a knights fee was so much land as in those dayes was accoumpted a sufficient liuing for a knight and that was 680 acres as some opinion is or 800 as others thinke or 15 pounds per annum Camdens Brittan pa. 110. in meo S. Thomas Smyth sayeth that census equestris is 40. poundes reuenew in free lands If the law extend but to halfe a knights fee then the tenent is bounde to follow his lord as aboue is said but twenty dayes If to a fourth part then ten daies Fitzh nat br fo 83. C. 84. C. E. The other kinde of this escuage vncertaine is called castelward where the tenent by his land is bound either by him selfe or by some other to defend a castell as often as it shall come to his course Escuage certaine is where the tenent is set at a certaine summe of money to be paide in lieu of such vncertaine seruice as that a man shall yerely pay for a Knights Fee 20. shillings Stow annal pag. 238. for halfe a Knights Fee tenne shillings or some like rate And this seruice because it is drawne to a certaine rent groweth to be of a mixt nature not meerely socage for that it smelleth not of the plough and yet so cage in effect being now neither personall seruice nor vncertaine Litleton titulo Secage This tenure called chiualry hath other conditions annexed vnto it as homage fealty wardship reliefe and mariage Bracton li. 2. ca. 35. which what they signifie looke in their places Chilualry is either generall or especiall Dier fo 161. nu 47. Generall seemeth to be where only it is said in the feofment that the tenent houldeth per seruitium militare without any specification of sergeanty escuage c. Speciall that which is declared particularly what kinde of knights seruice he houldeth by Chorall choralis seemeth to be any that by vertue of any of the orders of Clergie was in auncient time admitted to sit and serue God in the Quier which in Latine is tearmed Chorus Chose res is the French word as generall as thing is with vs. It is in the common lawe vsed with diuers epithites worthie the interpretation as chose locall is such a thing as is annexed to a place For example a mill is chose locall Kitchin fol. 18. Chose transitorie in the same place seemeth to bee that thing which is moueable and may be taken away or caried from place to place Chose in action is a thing incorporeall and onely a right as an annuitie an obligation of debt a couenant or vowcher 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 sayde to bee in our possession Broke ibid. Churchwardens Ecclesiarum gardiani be Officers yearely chosen by the consent of the Minister and parishioners according to the custome of euery seuerall place to looke to the church church-yard and such things as belong to both and to obserue the behauiours of their parishioners for such faults as appertaine to the iurisdiction or censure of the court ecclesiasticall These be a kind of corporation inabled by lawe to sue for any thing belonging to their church or poore of their parish See Lamberd in his pamphlet of the duty of Church-wardens Churchesset is a word that I find in Fleta lib. 1. cap. 47 in fine whereof he thus writeth Certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die
that they were neuer the lesse called by the name of their office only some others had it simply as of it selfe and were thereof named custodes pacis wardens or conservators of the peace The former and later sort he againe subdivideth Which read in his eirenarcha li. 1. ca. 3. Consideration consideratio is that with vs which the Grecians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the materiall cause of a contract without the which no contract bindeth This consideration is either expressed as if a man bargain to giue 20. shillings for a horse or els implyed as when the law it selfe inforceth a consideration as if a man come into a common Inne and there staying sometime taketh both meat and lodging or either for himselfe and his horse the lawe presumeth that he intendeth to pay for both though nothing be farder couenanted betweene him and his host and therefore if he discharge not the house the host may stay his horse Fulb parel tracta Contracts fo 6. a. b. Consistory consistorium is a word borowed of the Italians or rather Lombards signifing as much as praetorium or tribunal vocab vtriusque iur It is vsed for the place of iustice in the courte christian Convocation house domus convocationis is the house wherein the whole clergie is assembled for consultation vpon maters ecclesiasticall in time of parlament And as the house of Parlament so this consisteth of two distinct houses one called the higher conuocation house where the Archebishops and Bishops sitte seuerally by themselues the other the lower conuocation house where all the rest of the clergy are bestowed See Prolocutor Conusance See Cognisance Conuzour See Cognizour Consolidation consolidatio is vsed for the combining and vniting of two benefices in one Brooke titulo Vnion This word is taken from the civile lawe where it signifieth properly an vniting of the possession occupation or profit with the propertie For example if a man haue by legacie vsumfructum fundi and after ward buy the propertie or fee simple as we call it of the heire hoc casu consolidatio fieri dicitur § 3. De vsufructu in Institut See Vnion and Vnitie of possession Conspiracie conspiratio though both in Latine and French it be vsed for an agreement of men to doe any thing either good or bad yet in our lawyers bookes it is alway taken in the evill part It is defined anno 34. Ed. pri statut 2. to be an agreement of such as doe confedre or binde themselues by oath covenant or other allyance that everie of them shall beare and ayde the other falsly and malitiously to indight or falsly to mooue ormaintaine plees and also such as cause childrē within age to appeale mē of felonie whereby they are imprisoned and sore grieued and such as reteine men in the contries with liueries or feese to maintaine their malitious enterprises And this extendeth as well to the takers as to the givers And Stewards and baylifes of great lords which by their seignorie office or power vndertake to beare or maintaine quarels plees or debates that concerne other parties then such as touch the estate of their lords or themselues anno 4. Ed. 3. cap. 11. anno 3. H. 7. ca. 13. of this see more an 1. H. 5. c. 3. an 18. H. 6. c. 12. as also in the new book of ētries ver Cōspiracy Conspiracie in the places before mentioned is taken more generally and is confounded with maintenance and champertie But in a more speciall signification it is taken for a confederacie of two at the least falsly to endict one or to procure one to be indicted of felonie And the punishment of conspiraciē vpon an endictment of felonie at the kings suyte is that the partie attainted leese his franke lawe to the intent that he be not empaneled vpon iuries or assises or such like employments for the testifiing of truth And if he haue to doe in the kings court that he make his atturney and that his lands goods and chatels be seysed into the kings hands his lands estreaped if he finde no better fauour his trees raced and his body committed to prison 27. lib. assis 59. Cromptons Iustice of peace fo 156. b. This is called vilanous iudgement or punishment See Vilanous iudgement But if the partie greiued siew vpon the writ of conspiracie then see Fitzh nat br f. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fo 116. A. c. See Franke law Conspiratione is a writ that lieth against conspiratours Fitz. nat br fo 114. d. Cromptons iurisd fo 209. See also the Regist fo 134. Constable constabularius vel conestabulis is a Saxon word compounded of cuning or cyng and staple which doe signifie the stay and hold of the king Lamb. duties of constables nu 4. But I haue heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we haue this officer from France as most others and not from the Saxons And Tilius in his commentaries de rebus gallicis li. 2. ca. de conistabili hath the same etymologie giuing the reason thereof quia praeest stabulo i. equiliregis which office is auncient heere in England and mentioned by Bracton seeming to answere him that was called tribunus celervm vnder the first kings of Rome and Magister equitum afterward The Germans that inhabite the side of the riuer Rhene note him by this title die constofler and in counterfeit latine constofelerus and in owlder time constafolarius that the Romanes were wont to tearme assessorem iudicij And as Spiegelius in his lexicon noteth deriue the word a stafolo comitis i. gradu Iudicis fiscalis For staffel in their language as he saith signifieth a grees or steppe of a paire of staires And therevpon staffelstein being a word vsed in their very awncient writings signifieth as much as praetorium But a man many times may shew in this kinde more curiositie then discretion as perhaps some will iudge me heere to haue done And therefore enough of this This word is diuersly vsed in our common law first forthe cunstable of England who is also called marshiall Stawn pl. cor fo 65. of whose great dignitie and authoritie a man may find many arguments and signes both in the statutes and chronicles of this realme His sway consisteth in the care of the common peace of the land in deedes of armes and maters of warres Lamb. vbi supra with whome agreeth the statut anno 13. R. 2. ca. 2. statu 1. Smith de Repub. Anglo li. 2. c. 25. Of this officer or magistrate M. Gwyn in the preface to his readings saith to this effect The court of the constable and marshiall determineth cōtracts touching deeds of armes out of the realme and handleth things cōcerning wars within the realme as combats blasōs of armorie c. But it may not deale with battel in appeales nor generally with any
day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur â—i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmeÌ„t which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secoÌ„d such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth
who at any time sithence the first day of this present parlament or at any time hereafter shall depart the Realme or begin to keepe his or her house or houses or otherwise to absent him or her selfe or take sanctuarie or suffer him or her selfe willingly to be arrested for any debt or other thing not growne or due for mony deliuered wares sould or any other iust or lawful cause or good consideration or purposes or hath or will suffer him or her selfe to be outlawed or yeld him or her selfe to prison or willingly or fraudulently hath or shall procure him or her selfe to be arrested or his or her goods money or chatels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent graūt or conueyance of his her or their lands tenements goods or chatels to the intent or whereby his her or their creditours being subiects borne as aforesaide shall or may be defeated or delayed forthe recouery of their iust and true dept or being arrested for debt shall after his other arrest lye in prison fixe monethes or more vpon that arrest or any other arrest or detention in prison for debt and lye in prison sixe monethes vpon such arrest or detention shall be accompted and adiudged a bankrupt to all intents and purposes Banishment exilium abiuratio commeth of the French bannissement and hath a signification knowne to euery man But there be two kinds of banishments in England one voluntarie and vpō oath whereof you may reade Abiuration the other vpon cōpulsion for some offence of crime as if a lay-man succor him that hauing taken sanctuarie for an offence obstinately refuseth to abiure the realme he shall loose his life and member if a Clerke do so he shall be banished Stawnf pl. cor fol. 117. This punishment is also of our moderne Civilians called bannimētum which was aunciently tearmed deportatio if it were perpetuall or relegatio in insulam if for a time Vincentius de Franchis Petrus de Belluga in suo speculo fol. 125. num 4. Barbaries Oxyeantha is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste These beries as also the leaues of the said tree be medicinable as Gerara in his herball sheweth lib. 3. cap. 21. You find them mentioned among drugs to be garbled anno 1. Iacob cap. 19. Bard aliâs Beard See Clack Bargaine and sale as it seemeth by West part 1. symb lib. 2. sect 436. is properly a contract made of maners lands tenements hereditaments and other things transferring the propertie thereof from the bargainer to the barganee But the author of the new termes of lawe addeth that it ought to be for money saying farder that this is a good contract for land c. and that fee-simple passeth thereby though it be not said in the deed To haue and to hold the land to him and to his heyres and though there be no liuerie and seisin made by the seller so it be by deed indented sealed and enrolled either in the Countie where the land lyeth or within one of the kings courts of Records at Westminster within sixe moneths after the date of the deed indented anno 27. H. 8. cap. 16. Barkarie Barkaria is a heath house New booke of Entries titulo Assise corp polit 2. Some call it a Tanne house Baron Baro is a French word and hath diuers significations here in England First it is taken for a degree of Nobilitie next vnto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this signification it is borowed from other nations with whom Baroniae be as much as Prouinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as haue the gouernment of Prouinces as their fee holden of the king some hauing greater some lesser authoritie within their territories as appeareth by Vincentius de Franchis in diuers of his desceisions 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 haue any such manor or lordship Yea I haue heard by men very learned in our Antiquities that neere after the conquest all such came to the Parlament and sate as Nobles in the vpper house But when by experience it appeared that the Parlament was too much pestered with such multitudes it grew to a custome that none shold come but such as the king for their extraordinarie wisedome or qualitie thought good to call by writ which writ ranne hac vice tantùm After that againe men seeing this estate of Nobilitie to be but casuall and to depend meerly vpon the Princes pleasure they sought a more certain hold and obtained of the King leters patents of this dignitie to them and their heyres male And these were called Barons by leters patents or by creation whose posterity be now by inheritance and true descent of Nobilitie those Barons that be called Lords of the Parlament of which kind the king may create more at his pleasure It is thought neuerthelesse that there are yet Barons by writ as wel as Barons by leters patents and that they may be discerned by their titles because the Barons by writ are those that to the title of Lord haue their owne surnames annexed as Compton North Norice c. whereas the Barons by leters patents are named by their Baronies These Barons which were first by writ may now iustly also be called Barons by prescription for that they haue continued Barons in themselues and their auncestors time beyond the memorie of man The originall of Barons by writ Master Camden in his Britannia pag. 109. in meo referreth to Henry the third Barons by leters patents or creation as I haue heard among our Antiquaries were first created about the dayes of Henry the sixth the maner of whose creation reade in Master Stowes Annales pag. 1121. Of all these you may also reade Master Ferui glorie of Generositie pa. 125 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. de rep Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by yeare or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour ciuill and militarie addeth athird kind of Baron calling them barons by tenure and those be the Bishops of the land all which by vertue of baronries annexed to their bishoprickes haue alwaies had place in the vpper house of Parlament and are tearmed by the name of Lords spirituall Baron in the next significatiō is an Officer as barons of the Exchequer be to the king of which the principall is called Lord chiefe Baron capitalis Baro and the three other for so many there be are
pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable 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 vntill 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 and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was cōmanded by thē to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice 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 breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commōs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositiō con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatiōs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas cōmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to
set there seuerall seales See the rest where at the last he sheweth the cause of the name viz for that consisting of more partes eche parte is indented or cut one of them into the other that by the cut it may appeare they belonge to one busines or contract A deede poll or polled he describeth thus Sect. 46. Q. A polled deede is a deede testifying that onely the one of the parties to the bargaine hath put his seale thereunto after the maner there by him described which reade for your beter vnderstanding See the newe Tearmes of lawe verbo Fait where he sheweth that each deed consisteth of 3. points writing sealing and deliuerie Deere Hayse anno 19. H. 7. cap. 11. seemeth to be an Engine of cords to catch Deere De essendo quieium de relovio is a writ that lyeth for them which are by priuiledge freed from the payment of tolle which reade at large in Fitzh nat br fol. 226. Defalt defalta commeth from the French Defaut and is an offence in omitting that which we ought to doe West part 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole tractats lib. 5. tractat 3. By whome it appeareth that a default is most notoriously taken for non appearance in court at a day assigned Of this you may reade also in Fleta lib. 6. cap. 14. Defeisance defeisantia commeth of the French Desfaire or Deffaire i. infectum reddere quod factumest and signifieth in our common lawe nothing but a condition annexed to an act as to an obligation a recognizance or statute which performed by the obligee or recognizee the act is disabled and made voide as if it neuer had bene done whereof you may see West at large part 1. symb li. 2. sect 156. Defendant defendens is he that is siewed in an action personall as tenent is he which is siewed in an action reall Tearmes of the lawe Defendemus is an ordinarie word in a feofment or donation and hath this force that it bindeth the donour and his heyres to defend the Donee if any man goe about to laye anie seruitude vpon the thing giuen other then is contained in the donation Bract. lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the faith defensor fides is a peculiar title giuen to the King of England by the Pope as Catholicus to the king of Spaine and Christianissimus to the French king It was first giuen by Leo decimus to king Henry the 8. for writing against Martin Luther in the behalfe of the Church of Rome then accounted Domicilium fidei Caholicae Stowes annals pag. 863. Deforsour Deforciator commeth of the french For ceur i. expugnator It is vsed in our common law for one that ouercommeth and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton ca. 53. next because a man may deforce another that neuer was in possession as for example if more haue right to lands as commō heires and one entring keepeth out the rest the law saith that he deforceth them though he doe not disseise them Old nat br fol 118. and Litleton in his chapter Discontinuance fol. 117. faith that he which is infeoffed by the tenent in taile and put in possession by keeping out the heire of him in reuersion being dead doth deforce him though he did not disseise him because he entred when the tenent in taile was liuing and the heire had noe present right And a deforsour differreth from an Intrudour because a man is made an Intrudour by a wrongfull entry only into land or tenement voide of a possessour Bracton li 4 ca pri and a deforsour is also by houlding out the right heire as is abouesaide Deliuerance See Repligiare Demaund Demanda vel Demandum commeth of the french Demande i. postulatio postulatus and signifieth a calling vpon a man for anything due It hath likewise a proper signification with the common lawyers opposite to plaint For the pursiute of all ciuill actions are either demaunds or plaints and the persyewer is called demaundant or plaintife Viz Demandaundant in actions reall and plaintife in personall And where the party persiewing is called demaundāt there the party persiewed is called tenent where plaintife there defendant See terms of law verbo Demaundant Demy haque See Haque and Haquebut Demaine Dominicum is a french word otherwise written Domaine and signifieth Patrimonium domini as Hotoman saith in verbis feudalibus verbo Dominicum where by diuers authorities he proueth those lands to be dominicum which a man holdeth originally of himselfe and those to be feodum which he holdeth by the benefite of a superiour Lord. And I find in the ciuill law Rem dominicam for that which is proper to the Emperour Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoueatur being the 38. title of the 7. booke And res dominici iuris i. reipub in the same place And by the word Domanium or Demanium are properly signified the kings lands in Fraunce appertaining to him in propertie Quia Domanium definitur illud quod nominatim consecratum est vnitum incorporatum Regiae coronae vt scripsit Chopinus de domanio Franciae tit 2. per legem Siquando 3. Cod. de bon vacan lib. 10. Mathaeus de Afflict is in constit Siciliae li. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus sisci redacta Skene de verborum signif verb. Terrae Dominicales In like maner doe we vse it in England howbeit we here haue no land the Crowne land onely excepted which holdeth not of a superior For all dependeth either mediatly or immediately of the Crowne that is of some honour or other belonging to the Crowne and not graunted in fee to any inferior person Wherefore no common person hath any demaynes simply vnderstood For when a man in pleading would signifie his land to be his owne he saith that he is or was seised thereof in his demaine as of fee. Litleton li. 1. cap. 1. Whereby he signifieth that though his land be to him and his heyres for euer yet it is not true demaine but depending vpon a superior Lord and holding by seruice or rent in liewe of seruice or by both seruice and rent Yet I find these words vsed in the kings right anno 37. H. 8. cap. 16. and 39. Eliz. cap. 22. But the application of this speech to the king and crowne land is crept in by errour and ignorance of the word Fee or at least by vnderstanding it otherwise then of the Feudists it is taken But Britton cap. 78. sheweth that this word Demeyne is diuersly taken sometime more largely as of lands or tenements held for life c. and sometime more strictly as for such onely as are generally held in fee. This word somtime is vsed for
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme 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 Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery 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 maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quà m alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. but more at large parte secunda cap. 13 per totum It is also called the defence moneth that is the forbidden moneth and the word defence is vsed in like sort West 2. cap. 47. anno 13. Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat
Frauk almoine libera Eleemozyna in french frank Ausmone signifieth in our common lawe a tenure or title of lands Britton cap. 66. nu 5. saith thus of it Franke almoyne is lands or tenements bestowed vpon God that is giuen to such people as bestow themselues in the seruice of God for pure and perpetuall almes whence the feoffours or giuers cannot demaund any terrestriall seruice so long as the lands c. remaine in the handes of the feoffees With this agreeth the grand custumary of Normandie cap. 32. Of this you may reade Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol. 211. See the new booke of Entries verbo Franke Almoine But Britton maketh another kind of this land c. which is giuen in almes but not free almes because the tenents in this are tyed in certain seruices to the feoffor Pritton vbisupra Frank bank francus bancus in true french franc banc signifieth word for word a free bench or seate and among our lawe writers it seemeth to be vsed 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 wordes Consuetudo est in partibus illis quòd vxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum tenent nomine dotis Fitzher calleth it a custome whereby in certaine cities the wise shall haue 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 libertie of free chase whereby all men hauing ground within that compasse are prohibited to cut downe wood or discouer c. without the view of the forester though it be his owne demesne Cromptons Iurisdictions fol. 187. Frank fee feudum francum seu liberum is by Brooke tit Dimesn num 32. thus expressed That which is in the hand of the King or Lord of any maner being auncient demesn of the Crowne viz. the Demesnes is called frank fee and that which is in the hands of the tenents is auncient demesn onely see the Register original fol. 12. a. Whereby it seemeth that that is frank see which a man holdeth at the common lawe to himselfe and his heires and not by such seruice as is required in auncient demesn according to the custome of the maner And again I find in the same booke fol. 14. b. a note to this effect that the lands which were in the handes of king Edward the Saint at the making of the booke called Doomesday is auncient demesn and that all the rest in the realme is called frank fee with the which note Fitzherb agreeth na br fol. 161. E. So that all the land in the realme by this reason is either auncient demesn or frank fee. The new expounder of the lawe termes defineth frank fee to be a tanure in fee simple of lands pleadable at the common lawe and not in auncient demesn See Fachineus lib. 7. cap. 39. who defineth feudum francum esse pro quo nullum seruitium praestatur Domino with whom agreeth Zasius de fendis parte 12. saying that therefore it is feudum improprium quia ab omni seruitio liberum Frank ferme Firma libera is land or tenement wherein the nature of fee is chaunged by feofment out of knights seruice for certaine yearely seruices and whence neither homage wardship mariage nor releife may be demaunded nor any other seruice not contained in the feofment Britton ca. 66. nu 3. see Fee ferme Frank law libera lex See Cromptons Iustice of peace fol. 156. b. where you shall finde what it is by the contrary For he that for an offence as conspiracy c. leeseth his franke lawe is said to fall into these mischiefs first that he may neuer be impaneled vppon any iury or assise or otherwise vsed in testifiing any truth Next if he haue any thing to doe in the kings court he must not approch thither in person but must appoint his attourney Thirdly his lands goods and chatelsmust be seised into the kings hands and his lands must be estreaped his trees rooted vp and his body committed to prison For this the said authour citeth the booke of Assises fo 59. Conspiracy F. 11. 24. Ed. 3. fo 34. See Conspiracy Frank mariage liberū maritagiū is a tenurein taile speciall growing from these words in the gift comprised Sciant c. me M. H de W. dedrsse concessisse praesenti charta mea confirmasse I. A. filio meo Margeriae vxori eius filiae verae T. N. in liberū marit agium vnum messuagium c. West parte i. Symbol li. 2. sect 303. The effect of which words is that they shall haue the land to them and the heires of their bodies and shall doe no fealty to the donour vntill the fourth degree See new Terms of law Glanuile li. 7. ca. 18. Bracton li. 2. ca. 7. nu 4. where he diuideth maritagium in liberum seruitio obligatum See Mariage Fleta giueth this reason why the heires doe no seruice vntill the fourth discent ne donatores vel eorum haeredes per homagii receptionem a reuersione repellantur And why in the fourth discent and downeward they shall doe seruice to the donour quia in quarto gradu vehementer praesumitur quòd terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frankpledge Franoiplegium is compounded of Franc. i. liber and pleige i. fideiussor and signifieth in our common law a pledge or surety for free men For the auncient custome of England for the preseruation of the publique peace was that euery free borne man at fourteene yeares of age after Bracton religious persons clerks knights and their eldest sonnes excepted should finde suerty for his truth toward the King and his subiects or else be kept in prison whereupon a certaine number of neighbours became customably bound one for another to see each man of their pledge forthcomming at all times or to answere the transgression committed by any broken away So that whosoeuer 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 aunswere 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. houshouldes And euery particular person thus mutually bound for himselfe and his neighbours was called Decennier because he was of one Decenna or another This custome was so kept that the shyreeues at euery county court did from time to time take the oaths of yonge ones as they grew to the age of 14. yeares and see that he were combined in one dozen or another whereupon this braunch of the shyreeues authority was called visus Franciplegu view of frankpledge See
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 seeme to proceed from the Italian garbo that is finenesse neatnesse Gard Custodia commeth of the French garde being all of one signification It signifieth in our common lawe a custodie or care of defence but hath diuers applications sometimes to those that attend vpon the safetie of the Prince called Yeomen of the Guard somtime to such as haue the education of children vnder age or of an Idiot sometime to a writte touching wardshippe 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 eiectment de gard Idem fol. 139. L. the third is rauishment de gard Idem fol. 140. F. G. See Gardem see Ward Gardein Custos commeth of the French gardien and yet the German Warden is neare vnto it It signifieth 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 themselues and their owne affaires as children and Idiots being indeede as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the gouernment of a youth vntill he come to 14. yeares of age and Curator he that hath the disposition and ordering of his substance afterward vntil he attaine to 25. yeares or that hath the charge of a franticke person during his lunacie the common Lawyers vse but onely Gardien or Gardian for both these And for the better vnderstanding of our English lawe in this thing you must know that as tutor is either testamentarius or à Praetore datus ex lege Atilia or lastly legitimus so we haue three sortes of Gardeines in England one ordained by the father in his last will another appointed by the Iudge afterward the third cast vpon the Minor by the lawe and custome of the land Touching the first a man hauing goods and chatels neuer so many may appoint a gardein to the bodie or person of his child by his last will and testament vntill he come to the age of fourteene yeares and so the disposing or ordering of his substance vntill what time he thinketh meet and that is most commonly to the age of 21. yeares The same may he do if he haue lands to neuer so great a valew so they hold not in capite of the king nor of any other Lord by knights seruice And in the former case if the father appoint no Gardein to his child the Ordinarie may appoint one to order his moueables and chatels vntill the age of 14. yeares at which time he may chuse his guardian accordingly as by the the ciuill lawe 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 copie of court rolle commonly the Lord of the fee appointeth him a guardian vntill he come to the age of 14. yeres and that is one next of kind to the Minor of that side that can hope for least profitby his death If he hold by charter in socage then the next of kind on that side by which the land commeth 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 octauo Edvardi primi statuto primo And the reason of this Fortescue giueth in his booke intituled A commendation of the politique lawes of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should haue the custody and education of the child that for desire of his land he might be entised to worke him some mischiefe Lastly if a man dye seised of lands holding by knights seruice leauing his heire in minoritie that is vnder 21. yeares the Lord of the fee hath by law the custodie both of the heire and his land vntill he come to age See the statute anno 28. Ed. prim statut prim And the reason of this Fortescue likewise giueth for that hee to whom by his tenure he oweth knights seruice when he can performe it is likeliest to traine him vp in martiall and ingenious discipline vntill he be of abilitie But Polidore Virgil in his Chronicle lib. 16. saith that this was Movum vectigalis genus excogitatum to helpe Henry the third being oppressed much with pouertie by reason he receiued the kingdome much wasted by the wars of his aun cestours and therefore needing extraordinarie helpe to vphold his estate yet the 33. chapter of the Grand Custumary maketh mention of this to haue bene vsed by the Normans and I thinke this the truer opinion Here it is to be obserued whether land in knights seruice 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 heires both person and land by his prerogatiue Stawnf praerog cap. 1. If he hould 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 whome he houldeth by the elder tenure is guardian of the person and euery one of the rest hath the custodie of the land holden of him selfe If the prioritie of the tenure cannot be discerned then is he guardian of the person that first happeth him Termes of the lawe Stawnf vbi supra whom you may reade more at large which Author fol. 19. maketh mention of gardeyn in feit and Gardeyn in droit that is in deed and in lawe 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 gardein per cause de gard which is he that hath the wardship of a Minor because he is guardian of his Lord being likewise in minoritie Stawnf vbi supra fol. 15. Of this you may reade Skene de verb. signif verbo Varda by whom you may learn great affinitie and yet some difference betweene the lawe of Scotland and ours in this point Guardia is a word vsed among the Feudists for the Latine custodia and guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. tit 11. Gardeyn of the spiritualties Custos spiritualium vel spiritualitatis is he to whom the spirituall iurisdiction of any Diocesse is committed during the vacancy of the see anno 25. H. 8. cap. 21. And I take that the
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
i. hospitio excipere It signifieth with vs an officer of the princes court that allotteth the noble men and those of the household their lodgings It signifieth also in Kitchin an Inkeeper fol. 176. Hereditaments hereditamenta seeme to signifie all such things immoueable be they corporeall or incorporeall as a man may haue to himselfe and his heires by way of inheritance v. anno 32. H. 8. ca. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heire of blood and fall not within the compas of an executour or administratour as chatels doe Heriot See Hariot Hide of land Hida terrae Saxonicè Hidelandes is a certaine measure or quantitie of land by some mens opinion that may be plowed with one plowe in a yeare as the author of the newe Termes saith verbo Hidage by other men it is an hundred acres By Beda who calleth it familiā it is as much as will maintaine a familie Crompton in his Iurisdict fol. 220. saith that it consisteth of an hundred acres euery acre in length 40. perches and in breadth 4. perches everie perch 16. foote and a halfe and againe fol. 222. A hide of land conteineth an hundred acres 8. hides or 800. acres conteine a knights fee. Of this reade more in M. Lamberds Explica of Saxon wordes verbo Hyda terrae See Carue Hide and gaine old nat br fol. 71. Coke lib. 4. Tirringhams case signifieth carable land See Gainage Hidage Hidagium is an extraordinarie taxe to be paide for euery hide of land Bracton li. 2. c. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta quae ad Dominum feudi non pertinent c. of this reade the new expounder of lawe termes who saith that hidage is to be quit if the king shall taxe all the lands by hides and yet also graunteth it to be the taxe it selfe saying that it was wont to be an vsuall kind of taxing as well for prouision of armour as payments of money Hinefare See Heinfare Hidel i. H. 7. ca. 6. seeemeth to signifie a place of protection as a Sanctuarie Hierlome See Heirlome Hine seemeth to be vsed for a Seruant at husbandrie and the master hine a seruant that ouerseeth the rest anno 12. R. 2. ca. quarto Hoblers Hobellarii are certaine men that by their tenure are tyed to maintaine a little light nagge for the certifiing of any inuasion made by enemies or such like perill toward the Sea side as Porchmouth c. of these you shall reade anno 18. Ed. 3. stat 2. cap. 7. anno 25. eiusdem stat 5. ca. 8. Hoghenhine is he that commeth guestwise to a house and lieth there the third night After which time he is accounted of his familie in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. cap. 10. In the lawes of King Edward set forth by M. Lamberd he is called agenhine wheare you may reade more of this mater Hithe Hitha is a petit hauen to land wares out of vessels or boates new booke of Entrise fol. 3. colum 3. Hoggeshead is a measure of wine or oyle containing the fourth parte of a tunne that is 63. gallons anno i. R. 3. ca. 13. Hoistings See Hustings Homage Homagium is a french word signifiing fidem clientularem for in the originall grants of land and tenements by way of fee the lord did not onely tie his tenents or feed men to certaine seruices but also tooke a submission with promis and oathe to be true and loyall to him as there lord benefactour This submission was and is called homage the forme wherof you haue in the second statute anni 17. Ed 2. in these words when a free man shall doe homage to his Lord of whome he holdeth in chiefe he shall hold his hands together betweene the hands of his lord and shall say thus I become your man from this day forthe for life for member for wordly honour and shall owe you my faith for the land I hold of you sauing the faith that I doe owe vnto our Soueraigne Lord the king and to mine other Lords And in this maner the Lord of the fee for which homage is due taketh homage of euery tenent as he commeth to the land or fee. Glanvile lib. 9. ca. 1. except they be women who performe not homage but by their husbands yet see Fitzherbert that saith the contrary in his natura br fol. 157. F. Reade Glanuile more at large in the said first chapter with the second third fourth The reason of this M. Skene giueth de verbo significatione verbo Homagium viz. because Homage especially concerneth seruice in warre He saith also that consecrated Bishops doe no homage but onely fidelitie the reason may be all one And yet I find in the Register orig fol. 296. a. that a woman taking liuerie of lands holden by knights seruice must doe homage but not being ioyntly infeoffed for then shee doth only fealtie And see Glanuile in the ende of the first chapter of his nineth booke touching Bishops consecrated whome he denieth to performe homage to the king for their Baronie but onely fealty Fulbeck reconeileth this fol. 20. a. in these words By our lawe a religious man may doe homage but may not say to his Lord. Egodevenio homo vester because he hath professed himselfe to be onely Gods man but he may say I doe vnto you homage and to you shall be faithfull loyall See of this Britton cap. 68. Homage is either new with the fee or auncestrell that is wheare a man and his auncesters time out of minde haue held their lands by homage to their Lord whereby the Lord is tied to warrant the land vnto his tenent newe Termes of the lawe This homage is vsed in other countries as well as ours was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene diuideth it into liegium non liegium de verb. signifi verbo Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime vsed for the Iurie in the Courte Baron Smith de Repub. Anglo lib. 2. cap. 27. The reason is because it consisteth most commonly of such as owe homage vnto the Lord of the fee. And these of the Feudists are called pares curiae sive ourtis siue domus sic dicuntur enim conuassalli siue compares qui ab eodem patrono feudum receperunt vel qui in eodom territorio feudum habent Hotoman Of this homage you may read in the 29. c. of the Grand Custumarie of Normandie where you shall vnderstand of other
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
Bracton lib. 2. cap. 16. num 3. and Britton cap. 39. For hee pardoneth life and limme to offendours against his crowne and dignitie except such as he bindeth himself by oath not to forgiue Stawnf pl. cor lib. 2. cap. 35. And Habet omnia iura in manu sua Bracton lib. 2. cap. 24. num prim And though at his coronation he take an oath not to alter the lawes of the land Yet this oath notwithstanding hee may alter or suspend any particular lawe that seemeth hurtfull to the publike estate Blackwood in Apologia Regum c. 11. See Oath of the king Thus much in short because I haue heard some to be of opiniō that the lawes be aboue the king But the kings oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which looke 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 testimonie of any thing done in his presence is of as high nature and credit as any Record Whence it cōmeth that in all writs or precepts sent out for the dispatch of Iustice he vseth none other witnesse but himselfe alwaies vsing these words vnder it Teste me ipso Lastly he hath in the right of his crowne many prerogatiues aboue any common person be he neuer so potent or honourable whereof you may reade your fill in Stawnf tractate vpon the Statute thereof made anno 17. Ed. 2. though that containe not all by a great number What the kings power is reade in Bracton lib. 2. cap. 24. nu prim 2. King of Heradls Rex Heraldorū 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 Iudgment seate where the Kinge of England was wont to sitte in his owne person and therefore was it moueable with the court or kings Houshould And called Curia domini Regis or Aula Regia as M. Gwine reporteth in the preface to his readings and that in that and the Exchequer which were the only courts of the king vntill Henry the thirds daies were handled all maters of Iustice as well Ciuill as Criminall whereas the court of common plees might not be so by the statute anno 9. H. 3. cap. 11. or rather by M. Gwins opinion was presently vpon the graunt of the great charter seuerally erected This court of the Kings bench was wont in auncient times to be especially exercised in all Criminall maters plees of the crowne leauing the handling of priuate contracts to the cownty court Glanuil lib. 1. cap. 2. 3. 4. li. 10. cap. 18. Smith de Repub Anglicana lib. 2. cap. 11. and hath president of it the Lord Cheife Iustice of England with three or foure Iustices assistaunts four or fiue as Fortescu saith cap. 51. and officers thereunto belonging the clearke of the crowne a Praenatory or Protonotari and other sixe inferior ministers or Atturnies Camd Britan pag. 112. See Latitat How long this court was moueable I finde not in any wrighter But in Brittons time who wrot In K. Ed the 1. his daies it appeareth it followed the court as M. Gwin in his said preface wel obseruethout of him See Iustice of the Kings Bench. Kings siluer is properly that mony which is due to the king in the court of common plees in respect of a licence there graunted to any man for passing a fine Coke vol. 6. fo 39. a. 43. b. Kintall of woad iron c. is a certaine waight of merchandize to the valew of a hundred or something vnder or ouer according to the diuers vses of sundry nations This word is mentioned by Plowden in the case of Reniger and Fagossa Knaue is vsed for a man seruant a. 14. Ed. 3. stat 1. ca. 3. And by M. Verstigans iudgemēt in his Restitutiō of decaied intelligence ca. 10. it is borowed of the dutch cnapa cnaue or knaue which signifie all one thing and that is some kinde of officer or seruant as scild-cnapa was he that bore the weapon or shield of his superior whom the latines call armigerum and the French men escuyer Knight Miles is almost one with the Saxon Cnight i. Administer and by M. Camdens iudgment pag. 110. deriued from the same with vs it signifieth a gentleman or one that beareth Armes that for his vertue and especially Martiall prowes is by the King or one hauing the Kings authority singled as it were from the ordinary sort of gentlemen and raised to a higher accompt or steppe of dignity This among all other nations hath his name from the Horse Because they were wont in auncient time to serue in warrs one horsbacke The Romans called them Equites the Italians at these daies terme them Cauallieri The French men Cheualliers The German Reiters The Spaniard Caualleros or Varoncs a Cauallo It appeareth by the statute anno 1. Ed. 2. cap. 1. that in auncient times gentlemen hauing a full knights fee and houlding their land by knights seruice of the king or other great person might be vrged by distresse to procure himselfe to be made knight when he came to mans estate for the answerable seruice of his Lorde in the Kings warres To which point you may also reade M. Camden in his Britannia pag. 111 But these customes be not nowe much vrged this dignity in these dayes being rather of fauour bestowed by the Prince vpon the worthier sort of gentlemen then vrged by constraint The maner 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 gladio leuiter in humero percutitur Princeps his verbis Gallicè affatur Sus vel sois Cheualier au nom de Dieu id est Surge aut Sis Eques in nomine Dei The solemnitie of making Knights among the Saxons M. Stow mentioneth in his Annals pag. 159. See the priuiledges belonging to a knight in Fernes Glorie of Generositie pag. 116. Of these knights there be two sorts one spirituall another temporall Cassanaeus in gloria mundi parte 9. Considerat 2. of both those sorts and of many subdiuisions reade him in that whole part The temporall or second sort of knights M. Ferne in his Glorie of generositie pag. 103. maketh threefold here with vs. Knights of the sword Knights of the Bath and Knights of the soueraigne Order that is of the Garter of all which you may reade what he saith I must remember that mine intent is but to explain the termes especially of our common lawe Wherefore such as I find mentioned in Statutes I will define as I can M Skene de verb. significat verbo Milites saith that in the auncient lawes of Scotland Freeholders were called Milites Which may seem to haue bene a custome with vs
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 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 ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
Bartolus in his Tractate De insigniis armis vseth these very wordes prioritas and posterioritas concerning two that beare one coate armor Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno I. H. 8. cap. 5. is a word almost out of vse now called Butlerage it is a custome wherby the prince chalengeth out of euery barke loaden with wine containing lesse then forty tunne two tunne of wine at his price Prise prisa commeth of the French prendre i. capere it signifieth in our Statutes the things taken by pourveyours of the Kings subiects As anno 3. Ed. 1. cap. 7. anno 28. eiusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25. eiusdem cap. 5. Regist origin fol. 117. b. Prisoner priso commeth of the French prisonnier and signifieth a man restrained of his libertie vpon any action ciuill or criminall or vpon commaundement And a man may be prisoner vpon matter of Record or mater of fact prisonervpon mater of Record is he which being present in court is by the court committed to prison only vpon an arrest be it of the Shyrecue Censtable or other Stawnf pl. cor lib. prim cap. 32. fol. 34. 35. Prinie commeth of the French priuè i. familiaris and significth in our common lawe him that is partaker or hath an interest in any action or thing as priuies of bloud old nat br fol. 117. be those that be linked in consanguinitie Eucry heire in tayle is priuy to recouer the land intayled eodem fol. 137. No priuitie was betweene me and the tenent Litleton fol. 106. If I deliuer goods to a man to be caried to such a place and he after he hath brought them thither doth steale them it is felenie because the priuitie of deliuerie is determined as soone as they are brought thither Stawn pl. cor lib. prim cap. 15. fol. 25. Merchants priuie be opposite to merchant straungers anno 2. Ed. tertii cap. 9. cap. 14. ann eiusdem stat 2. cap. 3. The newe Expositour of lawe termes maketh diuers sorts of priuics as priuies in estate priuies in deed priuics in lawe priuies in right and priuies in bloud And see the examples he giueth of euery of them See Perkins Conditions 831. 832. 833. and Sir Edward Cooke lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh foure kindes of priuies viz. priuies in bloud as the heire to his fathes c. priuies in representation as executours or administratours to the deceased priuies in estate as he in the reuersion and he in the remainder when land is giueÌ„ to one for life and to another in see the rcason is giuen by the Expositour of lawe termes for that their estates are created both at one time The fourth sort of priuies are priuies in tenure as the Lord by escheate that is when the land escheateth to the Lord for want of heires c. Priuie seale priuatum sigillum is a scale that the King vseth some time for a warrant whereby things passed the priuy signet and brought to it are sent farder to be confirmed by the great seale of England sometime for the strength or credit of other things written vpon occasions more transitory and of lesse continuance then those be that passe the great seale Priuiledge priuilegium is defined by Cicero in his oration pro domo sua to be lex priuata homini â—â—ogata Frerotus in paratitlis ad titulum decretalium de priuilegiis thus defineth it priuilegium est ius singulare hoc est priuata lex quae vni homini vel loco vel Collegio similibus aliis concedit ur cap. priuilegia distinct 3. priua enim veteres dixere que nos singula dicimus Insit Agellius lib. 10. ca. 20. Ideoque priuilegia modò beneficia modò personales constitutiones dicuntur c. It is vsed so likewise in our common law and sometime for the place that hath any speciall immunity Kitchin fol. 118. in the words where depters make sained gifts and feofements of their land and goods to their freinds and others and betake themselues to priuiledges c. Priuiledge is either personall or reall a personall priuiledge is that which is graunted to any person either against or beside the course of the common law as for example a person called to be one of the Parlament may not be arrcsted either himselfe or any of his attendance during the time of the Parlament A priuiledge reall is that which is graunted to a place as to the Vniuersities that none of either may be called to Westm hall vpon any contract made within their owne precincts And one toward the court of Chauncery cannot originally be called to any court but to the Chauncery certaine cases excepted If he be he will remoue it by a writ of Priuiledge grounded vpon the statute anno 18. Ed. 3. See the new booke of Entries verbo Priuilege Probat of testaments probatio testamentorum is the producting and insinuating of dead mens wils before the ecclesiasticall Iudge Ordinary of the place where the party dyeth And the ordinary in this case is knowne by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Archdeacon according as their composition or prescription is hath the probate of the Testament if the goods be dispersed in diuers Dioces so that there be any summe of note as fiue pounds ordinarily out of the Dioces where the party let his life then is the Archbishop of Canterbury the ordinary in this case by his prerogatiue For whereas in ould time the will was to be proued in cuery Dioces wherein the party diceased had any goods it was thought conuenient both to the subiect and to the Archiepiscopall See to make one proofe for all before him who was and is of all the generall Ordinary of his prouince But there may be aunciently some composition betweene the Archebishop and an inferiour ordinary whereby the summe that maketh the prerogatiue is abouc fiue pound See praerogatiue of the Archbishop This probate is made in two sorts either in common forme or pertestes The proofe in common forme is onely by the oath of the exceutour or party exhibiting the will who sweareth vpon his credulity that the will by him exhibited is the last will and testament of the party deceised The proofe per testes is when ouer and beside his oath he also produceth witnesses or maketh other proofe to confirme the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they haue beene lawfully summoned to see such a will proued
the Parson of the Church dying a straunger presenteth his Clerke to the Church he not hauing moued his action of Quare impedit nor darrein presentment within sixe monethes but suffered the straunger to vsurpe vpon him And this writ he only may haue that claimeth the Aduowzen to himselfe and to his heires in fee. And as it lyeth for the whole aduowzen so it lyeth also for the halfe the third the fourth part old nat br fol. 24. Register originall fol. 29. Recto de custodia terrae haeredis is a writ that lyeth for him whose Tenent houlding of him in Chiualry dyeth in his nonage against a straunger that entreth vpon the land and taketh the body of the heire The forme and farder vse whereof see in Fitzh nat br fol. 139. and the register originall fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the kings court sc in the common plees doth avow vpon his tenent and the Tenent disclaimeth to hould of him vpon the disclaimer he shall haue this writ and if the Lord auerre and proue that the land is houlden of him he shall recouer the land for euer old nat br fo 150. which is grounded vpon the statute Westm 2. ca. 2. anno 13. Ed. pri which statute beginneth Quia Domini feudorum c. Rector is both Latine and English signifiing a Gouernour In the common law rector ecclesia parochialis is he that hath the charge or cure of a parish Church qui tantum ius in ecclesia parochiali habet quantum praelatus in ecclesia collegiata ca. vlt De locat Conduct in glos verbo Expelli potuissent In our common law I heare that it is lately ouer ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicarage endowed and he that hath a personage without a vicarage is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton vseth it otherwise lib 4. tracta 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios vt personae Where it is plaine that rector and persona be confounded Marke also these words there following Item dici possunt rectores Canonici de ecclesus praebendatis Item dici possunt rectores vel quasi Abbates Priores alii qui habent ecclesias ad proprios vsus Rectus in curia is he that standeth at the barre and hath no man to obiect any offence against him Smith de repub Angl li. 2. c. 3. see a. 6. R. 2. sta 1. c. 12. Reddendum is vsed many times substantiuely for the clause in a lease c. Whereby the rent is reserued to the leasour Coke lib. 2. Lord Cromwels case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adiudged to haue disseised the same man of his lands or tenements For the which there lyeth a speciall writ called a writ of redisseisin old nat br fol. 106. Fitzh nat br fol. 188. See the new booke of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin Reg. orig fo 206. 207. Reddicion is a iudiciall confession and acknowledgement that the land or thing in demauÌ„d belongeth to the demaundant or at the least not to himselfe a. 34. 35. H. 8. ca. 24. Perkins Dower 379. 380. Redubbours be those that buy cloth which they know to be stollen and turne it into some other forme or fashion Britton cap. 29. Cromptobs Vicount fol. 193. a. Reentry coÌ„meth of the French râ—â—trer i. rursus intrare and signifieth in our common law the resuming or taking againe of possession which we had â—â—â—st forgone For example if I make a lease of land or tenement I doe thereby forgoe the possession and if I doe condition with the Leassee that for non payment of the rent at the day it shal be lawfull for me to reenter this is as much as if I conditioned to take againe the lands c. into mine owne hands and to recouer the possession by mine owne fact without the assistance of Iudge or proces Reere countie See Rier Cowntye Re extent is a a second extent made vpon lands or tenements vpon complaint made that the former extent was partially performed Brooke titulo Extent fol. 313. Regard regardum is borowed of the French Regard or Regardure i. aspectus conspectus respectus and though it haue a generall signification of any care or diligence yet it hath also a speciall acceptance and therein is vsed onely in maters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging tothe Regarders office or charge Cromptons Iurisd fol. 175. 199. Touching the former thus saith M. Manwod parte pri of his Forest lawes pag. 198. The Eire generall sessions of the Forest or Iustices seat is to be houlden and kepte euery third yeare and of necessity before that any such sessions or Iustices seate can be houlden 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 goe through the whole Forest and euery Bayliwicke of the same to see and enquire of the trespasses of the Forest which he compriseth in these 4. viz. ad videndendum ad inquirendum ad imbreviandum ad certificandum Of euery of which braunches you may reade there his exposition Touching the second signification the compas of the Regarders charge is the whole Forest that is all that ground which is parcell of the Forest For there may be woods within the limits of the Forest that be no parcell thereof and those be without the Regard as the same author plainely declareth parte pri pag. 194. and againe 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 i. spectator signifieth an officer of the Forest Cromptons Iurisdict fol. 153. where it is thus defined A Regarder is an officer of the Forest appointed to survew all other officers He saith there also that this officer was ordeined 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 sworne to make the Regard of the Forest as the same hath been vsed to be made in auncient time And also to view and inquire of all offences of the Forest as well of vert as of venison and of all concealements 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
releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to FlauÌ„ders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the SerpliaÌ„the Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persolâ—antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth
for so as the partie who in equitie hath wrong can haue none ordinary remedie by the rules and course of the common lawe West part 2. symbol titulo Proceedings in Chauncerie sect 18. where you may reade many examples of such cases as sub poena lyeth in There is also a sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chauncerie as in orher courts And the name of both these proceede from words in the writ which charge the partie called to appeare at the day and place assigned sub poena centum librarum c. I find mention of a common sub poena in Cromptons Iurisdict fol. 33. which signifieth nothing else but such a sub poena as euery common person is called by into the Chauncerie whereas any Lord of Parlament is called by the Lord Chauncelers leters giuing him notice of the suit intended against him and requiring him to appeare Crompton eodem Subsidie subsidium commeth of the French subside signifying a taxe or tribute assessed by Parlament and graunted by the commons to be leuied of euery subiect according to the value of his lands or goods after the rate of 4. shillings in the pound for land and 2. shillings 8. pence for goods as it is most commonly vsed at this day Some hold opinion that this subsidie is graunted by the subiect to the Prince in recompence or consideration that whereas the Prince of his absolute power might make lawes of himselfe he doth of fauour admit the consent of his subiects therein that all things in their owne confession may be done with the greater indifferencie The maner of assessing euery mans lands or goods is this first there issueth a Commission out of the Chauncerie to some men of honour or worship in euery Countie by vertue thereof to call vnto them the head Constables or Bayliffes of euery Hundred and by them the Constable and three or foure of the substantiallest housholders in euery towne within their hundred at a day certaine which men so called or so many of them as the Commissioners thinke good to vse do rate the inhabitants of their owne towne in such reasonable maner as they find meete yet by the discretion of the said Commissioners And then euery man after his value set downe must at his time pay to the Collectour appointed after the rate aforesaid Yet in auncient time these subsidies seeme to haue beene graunted both for other causes as in respect of the Kings great trauell and expences in warres or his great fauours toward his subiects as also in other maner then now they be as euery ninth Lambe euery ninth fleece and euery ninth sheafe anno 14. Ed. 3. stat prins cap. 20. And of these you may see great varietie in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certaine rate but euen as the two houses shall thinke good to conclude Subsidie is in the statute of the land fometime confounded with custome anno 11. H. 4. cap. 7. See Beneuolence Suretie of peace securitas pacis is an acknowledging of a bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund either as a Minister when he is willed so to doe by a higher authoritie or as a Iudge when he doth it of his owne power deriued from his commission Of both these see Lamberd Eirenarcha lib. 2. ca. 2. pag. 77. see Peace see Supplicauit Suffragan Suffraganeus is a titular Bishop ordeined and assisted to aide the Bishop of the Dioces in his spirituall function c. Suffraganeus Extra de electione For the Etimology Suffraganes dicuntur quia eorum suffragiis causae ecclesiasticae iudicantur Ioach. Stephanus de Iurisd li. 4. ca. 16. nu 14. It was inacted anno 26. H. 8. ca. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Dioces and to present them to the King that he might giue the one of them such title stile name and dignity of sease in the saide statut specified as he should think conuenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our common law a following of another but in diuers senses the first is a suite in lawe and is diuided into suite reall and personall Kitchin fol. 74. which is all one with action reall and personal Then is there suite of Court or suite seruice that is an attendance which a tenent oweth at the court of his Lord. Fitzh nat br in Indice verbo Suite suyte seruice and suyte reall anno 7. H. 7. cap. 2. The newe expositour of lawe Termes maketh mention of foure sorts of suites in this signification Suite couenant suite custom suite reall and suite seruice Suite couenant he defineth to be when your auncester hath couenanted with mine auncester to siew to the court of mine auncesters Suite custome when I and mine auncesters haue beene seised of your owne and your auncesters suite time out of minde c. Suite reall when men come to the Shyreeues Turne or Leete to which court all men are cōpelled to come to knowe the lawes so that they may not be ignorant of things declared there how they ought to be gouerned And it is called reall because of their allegance And this appeareth by common exeperience when one is sworne his oath is that he shall be a loyall and faithfull man to the King And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there and ought to be done twice a yeare for default whereof he shall be amerced and not distreined I thinke this should be called rather regall or royall because it is performed to the King for royall The French word in the vsuall pronuntiation commeth neere to reall the leter o being almost suppressed see Leete Suyte seruice is to siew to the Shyreeues Turn or Leete or to the Lords court from three weekes to three weekes by the whole yeare And for default thereof a man shall be distreined and not amercied And this suite seruice is by reason of the tenure of a mans land Then doth suite signifie the following of one in chace as fresh suite West 1. c. 46. a. 3. Ed. 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. ca. pri anno 21. eiusdem cap. 15. anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace by treasons insurrectiōs rebelliōs or trespasses Summoneas is a writ Iudiciall of great diuersitie according to the diuers cases wherein it is vsed which see in the table of the Register Iudiciall Summoner summonitor
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue 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 Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue 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 catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee 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 vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene 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 borne aliue 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 vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage 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 taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
Idem eodem Tenent vpon sufferance Idem fol. 165. Tenent of state of inheritance Stawnf praerog fol. 6. Sometime they containe a relation toward the Lord of whom he houldeth as Tenent in cheife i. he that houldeth of the King in the right of his crowne Fitz. nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honour eodem Very tenent i. he that houldeth 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 aboue Tenent parauaile pl. cor fo 197. Fitzh nat br fol. 136. D. is the lowest tenent and fardest distant from the Lord Paramont It seemeth to be tenent per auaile See Diers commentaries fol. 25. nu 156. Noe tenent in right to the Lord but Tenent as for the avowrie to be made Litleton fol. 96. Sometime they haue a relation betweene Tenents and Tenents in seuerall kindes as ioynt tenents i. they that haue equall right in lands and tenements and all by vertue of one title Litleton li. 3. ca. 3. Tenents in common be they that haue equall right but hold by diuers titles as one or more by gift or descent and others by purchase Idem eod cap. 4. Particular tenent Stawnf praerog fol. 13. that is he which holdeth onely for his terme 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. ca. 31. and Cooke in Sir William Pellams case lib. 5. fol. 15. a. they be termours for yeares or life See Plowden casu Colthirst fol. 23. b. Sole tenent Kitchin 134. i. he that hath none other ioyned with him If a man and his wife hold for both their liues and the man dyeth he dieth not sole tenent Idem eodem Seuerall tenent is opposite to ioynt tenents or tenents in common See Seuerall tenencie Tenent al praecipe is he against whom the writ Fraecipe is to be brought Cookes Reports lib. 3. the case of fines fol. 88. a. Tenent in demesn anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice Tenent in feruice an 20. Ed. 1. stat pri is he that holdeth by seruice v. Britton cap. 79. in principie ca. 96. Car fealte c. vel quaere whether he may be termed tenent in demesne that holdeth some of the Demeanes howsoeuer and he tenent in seruice which is a freehoulder to a maner houlding by seruice for the free houlds of a manner are not accounted of the demesne but onely that which the Lord keepeth in his owne hand or letteth out by copie according to the custome of the maner Tenent by execution an 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute recognisance c. Tendeheved decanus vel caput decem familiarum of this see Roger Hoveden parte poster suorum annalium fol. 346. a. See Frank pledge Tenement Tenementum is diuersly vsed in the common lawe Most properly it signifieth a house or home stall but in a larger signification it is taken for either house or land that a man holdeth of another And ioyned with the adiectiue Frank in our lawyers French it conteineth generally lands or houses yea or offices wherein we haue estate for terme of life or in fee. And in this signification Kitchin fol. 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton vse it through his whole 27. chapter as also Bracton doeth the latine liberum tenentum lib. pri cap. 5. 6. and many other places Tenentibus in assisa non onerandis c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour haue wherewith to satisfie them him selfe Register orig fol. 214. b. Tenths Decimae is that yearely portion or tribute which all liuings ecclesiasticall doe yeeld to the king For though the Bishop of Rome doe originally pretend right vnto this revenewe by example of the high preist among the Iewes who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem yet Iread in our Chronicles that these were often graunted to the King by the Pope vpon diuers occasions sometime for one yeare sometime for more vntill by the statute anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown See Disms It signifieth also a taske leuied of the temporalty Holinshed H. 2. f. 111. Tenore indictamenti mittendo is a writ whereby the Record of an indictment and the proces thereupon is called out of another court into the chauncerie Register orig fol. 169. a. Tenure Tenura commeth of the Norman Teneure as appeareth by the Grand Custumarie cap. 28. where it is defined to this effect Tenure is the maner whereby tenements are houlden of their Lords What may make a tenure and what not see Perkins Reseruations 70. And in that chapter shall you finde the most of those tenures recited that be now vsually in England In Scotland I finde that there be foure maner of tenures which they call halding of land the first is pura eleemozina which is proper to spirituall men paying nothing for it but deuot a animarum suffragia the second they call Few or few ferme which houldeth of the King Church Barons or others paying a certaine duty called Feudi firma The third is a hould in Blench as they terme it by payment of a peny rose paire of guilt spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by seruice of ward and relieue where the heire being minor is in the gard or custody of his Lord togither with his lands c. And land houlden in this fourth maner is called there feudum de Hauberk or Haubert or feudum militare or feudum Hauberticum or feudum loricatum because it is giuen vpon condition that the vassall possessor therof shall come to the host with a lack or Haubert which is a coate of maile M. Skene de verb significa verbo Haubert Tenure in grosse is the Tenure in Capite For the Crowne is called a Seignory in grosse because it consisteth as a corporation of and by it selfe not tyed to any honour or maner See Cromptons Iurisd fol 206. See the new booke of Entries verbo Tenure Term Terminus signifieth with vs commonly the bounds and limitation of time as a lease for terme of life or terme of yeares Bracton lib. 2. cap. 6. nu 4. But most notoriously it is vsed for that time wherein the Tribunals or places of Iudgement are open to all that list to complaime of wrong or to seeke their right by course of law or
action The rest of the yeare is called vacation Of these terms there be foure in euery yeare during the which maters of Iustice for the most part are dispatched and this Sir Tho. Smith lib. 3. de Rep. Ang cap. 2. reckoneth as miraculous that in lesse time then the third part of the yeare three Tribunals all in one city should certifie the wrongs of so large and populous a nation as England is Of these terms one is called Hilary terme which beginneth the 23. of Iannuary or if that be Sunday the next day following and eudeth the 21. of February Another is called Easter terme which beginneth 18. daies after Easter and endeth the munday next after Ascension day The third is Trinity terme beginning the Friday next after Trinity SuÌ„day and ending the Wedensday fortnight after The fourth is Mich aelmas terme beginning the 9 of October or if that be Sunday the next day after and ending the 28. of Nouember Termor Tenens extermino is he that â—houldeth for terme of yeares or life Kitchin fol. 151. Litleton fol. 100. Terra extendenda is a writ directed to the Escheatour c. willing him to inquire and find the true yearely value of any land c. by the oath of twelue men and to certifie the extent into the Chauncerie c. Regist orig fol. 293. b. Terris bonis catallis rehabendis post purgationem is a writ that lyeth for a Clerke to recouer his lands goods or chatels formerly seised on after he hath cleared himselfe of that felonie vpon suspition whereof he was formerly conuicted and deliuered to his Ordinarie to be purged Regist orig fol. 68. b. Terris liberandis is a writ that lyeth for a man conuicted by attaint to bring the Record and processe before the King and to take a fiue for his imprisonment and to deliuer him his lands and tenements againe and to release him of the Strip and Waste Regist orig fol. 232. a. It is also a writ for deliuery of lands to the heire after homage and reliefe performed eodem fol. 293. b. or vpon securitie taken that he shall performe them eodem fol. 313. b. Terris catallis ventis vltra debitum levatum is a writ Iudiciall for the restoring of lands or goods to a deptour that is distrained aboue the quantitie of the dept Register Iudiciall fol. 38. b. Terretenent terratenens is he which hath the naturall and actuall possession of the land which we otherwise call the occupation anno 39. Eliz cap. 7. For example a Lord of a maner hath a freeholder who letteth out his freeland to another to be occupied this occupier is called the Terretenent West parte 2. symb titulo Fines sect 137. Cromptons Iurisd fol. 194. Britton cap. 29. Perkins feofments 231. And Petrus Bellugain speculo Principum Rub. 46. versiculo Restat videre num 9. vseth this word Terratenentes in the same signification See Land tenents Yet I haue heard some learned in the lawe say that the Tertenent is the teuent in free or copyhold according to the custome of the maner and opposite to tenent for terme of yeres Quaere Ters is a certaine measure of liquide things as wine oyle c. conteining the sixth part of a Tunne anno 32. H. 8. cap. 14. or the third part of a pipe Testament testamentum See Will. Testatum is a writ that seemeth especially to lye against great personages of the realm whose bodies may not be medled with in actions of dept And therefore if the Shyreeue return nihil habet in balliva mea in a case of execution another writ shall be sent out into any other Countie where such personage is thought to haue whence to satisfie which is termed a Testatum because the Shyreeue hath formerly testified that he found nothing in his Bayliweeke to serue the turne See Kitchin in his Returnes of writs fol. 287. b. Teste is a word commonly vsed for the last part of any writ so called because the very conclusion of euery writ wherein the date is contained beginneth with these words teste â—eipso c. If it be an originall writ or if iudiciall teste Thom. Flemming or Edovar do Cooke 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 forme of an originall writ in the last clause to be teste Ranulpho de Glanvilla apud Clarindon c. And diuers times in the Register orig Teste custode Anglu as namely in the title Prohibition fol. 42. a. and Consultation fol. 54. b. Thanus is a made Latin word of the Saxon thegn which commeth of thenian i. alicui ministrare It signifieth sometime a Noble man somtime a free man sometime a Magistrate somtime an Officer or minister Lamb. in in his Explication of Saxon words verbo Thanus See the place See vavasour M. Skene de verbor signif saith it is the name of a dignitie and appeares to be equall with the sonne of an Earle And Thanus was a free holder holding his lands of the King And a man not taken with the fang that is with the maner as we say accused of theft no sufficient proofe being brought against him must purge himselfe by the oath of 27. men or of three Thanes Thanagtum Regis signifieth a certaine part of the Kings lands or propertie whereof the rule and gouernement appertaineth to him who therefore is called Thanus For Domania Regis and Thanagia idem significant It is a Dutch word For teiner signifieth a seruant and teiner to serue And thane is likewise a seruant and vnder-thane an inferiour thane or subiect Thus farre M. Skene Thack tile anno 17. Ed. 4. cap. 4. otherwise called plaine tyle is that tile which is made to be layed vpon the side and not vpon the rudge of a tyled house anno 17. Ed. 4. cap. 4. Theam See Team Theft furtum is an vnlawfull felonious taking away of another mans moueable and personall goods against the owners will with an intent to steale 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 presence of the owner is of two sorts the one putting the owner in feare the other not Idem eodem sect 59. The former is properly called Robberie ibid. sect 60. The new expounder of lawe termes verbo Larconie diuideth theft into theft so simply called and petit or litle theft Whereof the one is of goods aboue the value of twelue pence and is felonie the other vnder that value and is no felonie But see Felonie Theftbote is made of theft and boote i. compensatio and signifieth properly the receiuing of goods from a theefe to the end to fauour and maintaine him The punishment whereof is raunsome and imprisonment and not losse of life and member Stawnf pl. cor lib. prim
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
kings house whose function is fragmenta diligenter colligere ea distribuere singulis diebus egenis agrotos leprosos incarceratos pauperesque viduas alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam alia ad eleemosynae largita recipere fideliter distribuere Debet etiam regem super eleemosynae largitione crebris summonitionibus stimulare praecipuè diebus Sanctorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel menestrallis sed and eleemosinae suae incrementum iubeat largiri Fleta lib. 2. cap. 2. Almoine eleemosina See Frank almoyne Almond amygdalum is well knowne to euery mans sight it is the kirnell of a nut or stone which the tree in Latine called amygdalus doth beare within a huske in maner of a wal nut of whose nature and diuersities you may reade Gerards Herball lib. 3. cap. 87. This is noted among merchandize that are to be garbled anno 1. Iaco. ca. 19. Alnegeor aliâs aulnegeor vlniger vel vlnator cometh from the French aulne an elle or elwand and signifieth an officer of the Kings who by himselfe or his deputie in places conuenient looketh to the assise of wollen cloth made through the land and to seals for that purpose ordained vnto them an 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for euery cloth so sealed in a fee or custome therunto belonging anno 17. R. 2. cap. 2. Reade of this more anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. 5. anno 1. H. 4. cap. 13. anno 7. eiusdem cap. 10. anno 11 eiusd cap. 6. anno 13. eiusd cap. 4. anno 11. H. 6. cap. 9. anno 31. eiusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. eiusdem cap. 1. an 1. R. 3. cap. 8. Ambidexter is that iurour or embraceour that taketh of both parties for the giuing of his verdict He forfeiteth ten times so much as he taketh anno 38. Ed. 3. cap. 12. Cromptons iustice of peace fol. 156. b. Amendment emendatio commeth of the French amendement and signifieth in our common lawe a correction of an error committed in a processe and espyed before iudgment Terms of the lawe Broke titulo Amendement per totum But if the fault be found after iudgment giuen then is the party that wil redresse it driuen to his writ of errour Tearmes of the lawe Broke 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 haue offended and to stand at the mercie of the King or Lord. There seemeth to be a difference betweene amerciaments and fines Kitchin fol. 214. And I haue heard coÌ„mon Lawyers say that fines as they are taken for punishments be punishments certaine which grow expresly from some statute and that amerciaments be such as be arbitrably imposed by affeerors This is in some sort confirmed by Kitchin fol. 78. in these words l'amerciameÌ„t 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 amerciameÌ„t to be a more easie or more mercifull penaltie and a fine more sharpe and grieuous Take his wordes If the pledges for such a trespasse saith he do appeare by common summons but not the defendant himselfe then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himselfe do appeare and be ready in Court before the Lord Iustice in eyre to receiue his iudgment and to pay his fine But if such pledges do make default in that ease the pledges shall be amerced but not fined c. The author of the new tearmes of lawe saith that amerciament is most properly a penalty assessed by the peeres or equals of the partie amercied for an offence done for the which he putteth himselfe vpon the mercie of the Lord. Who also maketh mentioÌ„ of an amerciament royal and defineth it to be a pecuniarie punishment laid vpon a Sheriffe Coroner or such like Officer of the kings amercied by Iustices for his offence See Misericordia Amoveas manum Looke ouster le râ—aiue An tour waste annus dies vastum Looke yeare day and waste Ancaling of tile anno 17. Ed. 4. ca 4. Annats Annates seemeth to be all one with first fruites anno 25. H. 8. ca. 20. looke First fruites The reason is because the rate of first fruites payed of spirituall liuings is after one yeares profite Of which Folydore Virgil de inueÌ„tione rerum lib. 8. cap. 2. saith thus Nullum inuentum mâ—iores Romano Pontifici cumulavit opes quà m annatum quas vocant vsus qui omnino multò antiquior est quà m receÌ„tiores quidam scriptores suspicantur Et annates more suo appellant primos fructus vnius anni sacerdatii vacantis aut danidiam eorum partem Sanè hoc vectigal iam pride cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet eum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re vt gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic vt Franciscus Zabarellus tradat post hac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse vt eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua nassa retinuit vt ne indidem exire possent lege caetera Anniented commeth of the French aneantir i. se abiicere atque prosternere It signifieth with ourlawyers as much as frustrated or brought to nothing Litletâ—n lib. 3. cap. warrantie Annua pensione is a writte wherby the king hauing due vnto him an annuall pension from any Abbot or Prior for any of his Chaplaines whom he shal think good to name vnto him being as yet vnprouided of sufficient liuing doth demaund the same of the said Abbot or Prior for one whose name is comprised in the same writ vntill c. and also willeth him for his Chaplaines better assurance to giue him his leters patents for the same Register orig fol. 265. 307. Fitzh nat br fol. 231. where you may see the names of al the Abbeyes and Priories bound vnto this in respect of their foundatioÌ„ or creation as also the forme of the leters patents vsually graunted vpon this writ Annuitie annuus reditus signifieth a yearely rent to be paide for tearme of life or yeres or in fee and is also vsed for the writ that lyeth against a man for
of pasture turbarie and piscary to be things corporal looke Common Apporcuâ—â—ent Apportion 〈…〉 tuÌ„ is a dividing of a rent into parts according as the land whence the whole rent issueth is divided among two or more See the new termes of lawe Apprentice Apprenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with vs one that is bound by couenant in word or writing to serue another man of trade for certaine yeares vpon condition that the artificer or man of trade shall in the meane time endeavour to instruct him in his art or misterie S. Thomas Smith in his booke de rep Ang. li. 3. ca. 8. saith that they are a kinde of bond men differing onely in that they be seruants by couenant and for a time Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention Appropriation appropriatio proceedeth from the French approprior i. apeare acc 〈…〉 re and properly signifieth in the lawe of England a severing of a benefice ecclesiasticall which originally and in nature is iuris diuini in p 〈…〉 nullius to the proper and perpetuall vse of some Religious house or Deane c. and Chapter Bishop rick or Colledge And the reason of the name I take to be this because that whereas persons ordinarily be not accounted domini but vsufructuarij hauing no right of fee simple Littleton titulo Discontinuance these by reason of their perpetuitie are accounted owners of the fee simple and therefore are called proprietarij And before the time of Richard the second it was lawfull as it seemeeth simply at the least by mans lawe to appropriate the whole fruites of a benefice to an abbey or priory they finding one to serue the cure But that King made so euill a thing more tolerable by a lawe whereby he ordeined that in euery licence of appropriation made in chauncerie it should expresly be contained that the diocesan of the place should prouide a conuenient summe of money yearely to be paide out of the fruites toward the sustenance of the poore in that parish and that the Vicar should be well and sufficiently endowed anno 15. Rich. 2. ca. 6. Touching the first institution other things worth the learning about appropriations reade Plowden in Grendons case fo 496. b. seqq as also the new termes of lawe verbo Appropriation To an appropriation after the licence obteined of the King in chauncerle the consent of the Diocesan Patron and incumbent are necessarie if the Church be full but if the Church be voide the Diocesan and the Patron vpon the Kings licence may conclude it Plowden vbi supra To dissolue an appropriation it is enough to present a Clerke to the Bishop For that once done the benefice returneth to the former nature Fitzh nat br fo 35. 〈◊〉 Approvour approbator commeth of the French approuver i. approbare comprobare calculum albo adijcere It signifieth in our common law one that coÌ„fessing felony of him self appealeth or accuseth another one or more to be guilty of the same he is called so because he must prooue that which he hath alleadged in his appeale Stawnf pl. cor fo 142. And that proofe is by battell or by the countrey at his election that appealed The forme of this accusation you may in part gather by M. Cromptons Iustice of peace fo 250. 251. that it is done before the coroner either assigned vnto the selon by the court to take and record what he saith or els called by the felon himselfe and required for the good of the Prince common wealth to record that which he saith c. The oath of the approuer when he beginneth the combate see also in Crompton in the very last page of his booke as also the proclamation by the Herald Of the antiquity of this law you may reade something in Horns myrror of Iustices l. 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 Approuers of the king Appruatores regis be such as haue the setting of the kings demeasneâ— in smal Manors to the kings best aduantage anno 51. H. 3. stat 5. See Approue Approue appruare commeth of the French approuer i. approbare comprobare calculum albo adiicere it signifieth in the common lawe to augment or as it were to examine to the vttermost For example to approue land is to make the best benefite thereof by increasing the rent c. So is the Substantiue approuement vsed in Cromptons iurisd fol. 153. for the profits them selues So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approued Old nat br fol. 79. So the Sheriffes called themselues the kings approuers 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 approuers But anno 2. Ed. 3. cap. 12. Approuers be certaine men especially sent into seuerall counties of the Realme to increase the Fermes of hundreds and wapentakes which formerly were set at a certaine rate to the Sheriffes who likewise dimised them to others the countie Court excepted Approuement appruamentum see Approue See the Register iudiciall fol. 8. br 9. a. See the new tearmes of lawe verbo Approuement Arbitratour arbiter may be taken to proceede from either the Latine arbitrator or the French arbitre it signifieth an extraordinarie iudge in one or moe causes betweene party and partie chosen by their mutuall consents West parte 2. Symb. titulo Compromise Sect. 21. who likewise diuideth arbitrement into generall that is including all actions quarels executions and demands and special which is of one or moe matters facts or things specified eodem sect 2. 3. 4. T 〈…〉 vilians make a difference betweene arbitrum arbitratorem l. 76. Î . pro socio For though they both ground their power vpon the compromise of the parties yet their libertie is diuers For arbiter is tyed to proceede and iudge according to lawe with equitie mingled arbitrator is permitted wholy to his owne discretion without solemnitie of processe or course of iudgement to heare or determine the controuersie committed vnto him so it be iuxta arbitrium boniviri Arches court Curia de arcubus is the chiefe and auncientest CoÌ„sistorie that belongeth to the Archbishop of Canterburie for the debating of spiritual causes and is so 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 toppe is raised of stone pillars builded arch-wise like so many bent bowes The Iudge of this Court is
is formerly said taketh hold of moueable goods or the bodie For it appeareth by Kitchin fo 263. that a man may be attached by a hundred sheepe Reade Skene de verbo signific verbo attachiamentum Now it followeth to shew how attachement differeth from a distresse For so it doth as may be shewed out of Kitchin fo 78. where he saith that processe in court baron is summons attachment and distresse out of the owld nat br fo 27. where it is said that a processe in a quare impedit is summons attachement and one distresse and againe fo 28. wheare speaking of the writ ne admittas he saieth thus and the processe is one prohibition and vpon the prohibition an attachment and distresse and fo 32. in a writ of Indicauit you haue these words and after the attachment returned the distresse shall goe out of the rols of the Iustices Bracton on the other side li. 5. tract 3. ca. 4. nu 2. sheweth that both attachiamentum magnum cape districtiones sunt of which opinion Fleta also is li. 5. ca. 24. § si autem ad But there also he saith that attachiamentum est districtio personalis cape magnum districtio realis So that by his opinion districtio is genus to attachement Britton in his 26. chapter hath words to this effect but in attachement of felony there commeth no distresse otherwise then by the body And if the Shyreeue return in the cases aforesaid that the trespassours haue nothing in his bayliwick by the which they may be distreined it must be awarded that he take their bodies c. In which place an attachement is plainly vsed for an apprehension of an offender by his goods So that to conclude I finde no difference between an attachment and a distresse but these two◠that an attachement reacheth not to lands as a distresse doth and that a distresse toucheth not the bodie if it be properly taken as an attachement doth yet are they diuers times confounded as may appeare by the places formerly alleadged and by Glanvile li. 10. ca. 3. and Fleta li. 2. ca. 66. seqq How be it in the most common vse an attachment is an apprehēsion of a man by his body to bring him to answer the action of the plaintiffe a distresse is the taking of another mans goods for some reall cause as rent seruice or such like whereby to driue him to replevie and so to be plaintiffe in an action of trespas against him that distreined him And so much for the difference and coherēcie of these words See also Distres I finde in West parte 2. symbolaio titulo proceedings in chauncerie sect 22. 23. that attachemēt out of the chaūcery is two-fold one simple and originally decreed for the apprehension of of the partie the other after return made by the Shyreeue quod defendens non est inventus in baliva sua with proclamations made through the whole courtie in such places as he shall thinke meete that the partie appeare by a day assigned and that he attached never the lesse if he may be found This second kinde hath an affinitie with the canonists vijs modis at the which if the partie appeare not he is excommunicate or with the Civilians vijs modis vnâ cum intimatione For in the chaūcerie if he com not vpō this he is forth with pressed with a writ of rebellion There is an attachment of priviledge which is a power to apprehend a man in a priviledged place or els by vertue of a mans priuiledge to call another to this or that courte whereunto he himselfe belongeth and in respect whereof he is priviledged Newe booke of entrise verbo priviledge fo 431. col 2. There is also a foreine attachement which is an attachement of a foriners goods found within a libertie or citie to satisfie some creditour of his within the citie There is also an attachement of the forest which is a court there held For as M. Manwood saith in his first parte of forest lawes p. 90. 92. 99. there be three courts of the forest wherof the lowest is called the Attachement the meane the swaynemote the highest the Iustice seate in eyre This court of attachement seemeth so to be called because the verderours of the forest haue therein no other authoritie but to receiue the attachements of offenders against vert and venison taken by the rest of the officers and to enrol them that they may be presented and punished at the next Iustice seate Manwood parte 1. pa. 93. And this attaching is by three meanes by goods and catels by body pledges and mainprise or by the body onely The courte is kept euery 40. daies throughout the yere And he that hath occasion to learne more of this I refer him to M. Manwood loco quo supra to M. Crompton in his courte of the forest Attachement is commaunded in writs the diversitie whereof you may see in the Register originall vnder the word Attachiamentum in indice At large see assise at large in the word assise and owld nat br fo 105. Verdict at large Littleton fo 98. To vouch at large owld nat br fo 108. To make title at large Kitchin fo 68. See Barre Attaint attincta commeth of the French as you shall see in the word attainted But as it is a substantiue it is vsed for a writ that lyeth after iudgement against a Iurie that hath giuen a false verdict in any court of record be the action reall or personall if the debt or dammages surmount the summe of 40. shillings what the forme of the writ is and how in vse it is extended see Fitzena br fol. 105. and the new booke of entries fol. 84. colum 1. The reason why it is so called seemeth to be because the partie that obtaineth it endeuoureth thereby to touch deprehend or staine the Iurie with periurie by whose verdict he is grieued What the punishment of this periurie is or of him that bringeth the writ against the Iurie if he faile in his proofe see Glanvile lib. 2. cap. 19. Fitz. nat br fol. 109. K. Io. 110. A. B. C. D. c. the termes of the lawe verb. Attaint Fortescue cap. 26. Smith de rep Anglo lib. 3. cap. 2. and anno 11. H. 7. cap. 21. an 23. H. 8. cap. 3. and others In what diuersitie of cases this writ is brought see the Register orig in Indice Attainted attinctus commeth of the French teindre i. tingere the participle whereof is teinct i. tinctus or else of attaindre i. assequi attingere It is vsed in our common lawe particularly for such as are found guiltie of some crime or offence and especially of felonie or treason How be it a man is said to be attainted of of disseisin Westm 1. cap. 24. 36. anno 3. Ed. 1. And so it is taken in French likewise as estre attaint vayncu en aucun cas is to be cast in any case
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth 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 persewer M. Skene de verb. significatione Responsalis as Sigâ—nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ„ is the third officer 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 serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ— because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto 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 tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ„ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌ„tentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
into a booke after a survey made of them now remaining in the exchequer and called Domes day looke And those which by that booke doe appeare to haue belonged to the crowne at that time and at 〈◊〉 conteined vnder the title Terrae regis be called aunciēt demeasn Kitchin fo 98. and M. Gwin in the preface to his readings Of these tenents there were two sorts one that held their land frankely by charter and another that held by copy of court rolle or by verge at the will of the Lord according to the custome of the maner Fitzh nat br fo 14. d. of which opinion also Brittonis ca. 66. nu 8. The benefite of this tenure consisteth in these points first the tenents of a manner holding freely by charter in this sort cannot be impleaded out of the same maner and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for al things concerning their sustenāce husbādry Thirdly they may not be ēpaneled vpō any ēquest Terms of the law but more at large by Fitzh nat br fo 14. d. whome reade as also fo 128. a. c. And as it appeareth by him eodem fo 4. B. C. these tenents held by the service of plowing the kings land by plashing his hedges or by suche like toward the maintenance of the kings household in which regard they had such liberties giuen them wherin to avoide disturbance they may haue writs to such as take the duties of tolle in any market or feire as likewise for immunitye of portage passage such like Fitzh nat br f. 228. A. B. C. D. by which author it also appeareth that no lands be to be accompted auncient demeasn but such as are holden in socage fo 13. D. et 14. B. C. See Monstraverunt and Firtzh fo 14. and Dessendo quietum de telonio fo 226. Fleta maketh three tenures holding of the crowne auncient demeasn by escheate by purchase li. 1. ca. 20. See Demaine Auncient Demesn arere antiquum dominicum à retro is that aūcient demesn which the king graunteth ouer to hold of a maner Kitchin fo 67. b. Avowè advocatus see Advowè Britton saith that Avowè is he to whome the right of advowzen of any Church appertaineth so that he may present thereunto in his owne name and is called avowè for a difference from those that sometime present in another mans name as a gardiā that presenteth in the name of his warde and for a difference also from them which haue the lands whereunto an advowzen appertaineth but onely for tearme of their liues or of yeares or by intrusion or desseisin ca. 92. Avowrie See Advowrie Avoir de pois is in true French avoir du poix i. habere pondus aut iusti esse ponderis It signifieth in our common lawe two things first a kinde of weight divers from that which is called Troy weight conteining but 12. ounces to the pound where as this conteineth sixteene And in this respect it may be probably coniectured that it is so called because it is of more weight then the other Then also it signifieth such merchandize as are waied by this weight and not by Troy weight as in the statute of York anno 9. Ed. 3. in prooem anno 27. Ed. 3. Statuto 2 ca. 10. at anno 2 Rich. 2. cap. 1. See Weights Auxilium ad filium militem faciendum filiam maritandam is a writ directed to the Shyreeue of euery countie where the king or other lord hath any tenents to leuye of them reasonable ayde toward the knighting of his son and the mariage of his daughter See Ayde and Fitz. nat br fol. 82. B BAcheler Bachalaureus cōmeth of the French Bachalier i. tyro and thereupon I thinke those that be called Bachelers of the Companies in London be such of each company as be springing toward the estate of those that be imployed in Coūcel but as yet are inferiors For euery cōpany of the twelue consisteth of a Master two Wardens the Liuerie which are assistants in matter of Councell or at the least such as the Assistants be chosen out of and the Bachelers which are yet but in expectance of dignitie among them and haue their function onely in attendance vpon the Master and Wardens I haue read in an old monument this word Bacheler attributed to the Lord Admirall of England if he be vnder a Baron in French words to this effect and it is to weet that when the Admirall rideth to assemble a snippe of warre or other for the businesse and affaires of the Realme if he be a Bacheler he shall take for his day wages 4. 〈◊〉 sterling if he be an Earle or Baron he shall take wages after the rate of his estate and degree This word is vsed anno 13. R. 2. stat 2. cap. i. signifieth as much as Bacheler Knight doth anno 3. Ed. 4. cap. 5. that is a simple Knight not a Knight baneret See Banaret Touching the farder etymologie of this word Bachalarii teste Renano à bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur iam consecuti fuissent Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio Alciat writeth the word baccalaurei eosque dicit visos à bacca laurea nomen sumpsisse in l. cui praecipua 57. Π. de verbo significa Backberond is a Saxon word and almost English at this day signifying as much as bearing vpon the backe or about a man Bracton vseth 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 vbi latro deprehensus est seisitus de aliquo latrocinio sc hand habend backberend insecutus fuerit per aliquem cuius res illa fuerit li. 3 tract 2. cap. 32. Master Manwood in the second part of his forest lawes noteth it for one of the 4. circumstances or cases wherein a Forester may arrest the bodie of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the maner is when one is found in the kings Forest in any of these foure degrees sc stable stand dogge drawe backe beare and bloudie hand In which place you may find all these interpreted Badger cōmeth of the French bagage i. sarcina impedimentū It signifieth with vs one that buyeth corne or victuals in one place and carieth it into another See Cromptons Iustice of peace fol. 69. 70. Baye or penne is a pond head made vp of a great heith to keep in a great quantitie or store of water so that the wheeles of the fornace or hammer belonging to an Iron mill may stand vnder them and be driuen by the
his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the absēce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and sūmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountāts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their sūmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1◠And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demaūd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exāple 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 sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu
is there another forge called the Hammer into which these bloomes are cast and by a workman called the hammer man againe chafed and made soft in a charcole fire blowne likewise with bellowes caused to goe by the water and after caried by the saide hammer man and put vnder the great hammer driuen also by the water And so the saide bloomes are drawen fashiōed and made into such barres of iron of diuers sortes and formes as we see commonly sould Of these you may reade in the statut anno 27. Elizab. ca. 19. See Baye Bloodwit blodwita is compoūded of 2. Saxon words blout i. sanguis and wit for the which we haue the word wite still in the West parts of England signifying a charging of one with a fault or an vpbraiding And Speight in his expositions vpon Chawser saith that to wit is as much as to blame To twit in some other places of this land signifieth as much as to hitte in the teeth or to vpbraide This bloodwit is a wot◠vsed in charters of liberties aunciently graūted and signifieth an amercement for shedding of blood So that whosoeuer had it giuen him in his charter had the penaltie due for shedding of blood graunted vnto him Rastall in his exposition of words Skene de verbo signif writeth it bludveit and saith that veit in english is iniuria vel misericordia and that bludveit is an amercement or vnlawe as the Scottishmen call it for wrong or iniurie as bloodshed is For he that is infest with bludveit hath free libertie to take all amercements of courts for effusion of blood Fleta saith quod significat quietantiam misericordiae pro effusione sanguinis li. 1. ca. 47. Bockland See Charterland See Copie bould and Free hould Bonis arrestandis is a writ for the which See Arrestandis bonis Bonis non amovendis is a writ to the Shyreeues of London c. to charge them that one condemned by iudgement in an action and prosecuting a writ of errour be not suffered to remooue his goods vntill the errour be tried Register orig fo 131. b. Borow burgus vel burgum may either come from the French burg i. pagus or from the Saxon borhoe i. vadium pignus It signifieth here in England a corporate towne that is not a Citie anno 2. Ed. 3. ca. 3 namely all such as send Burgesses to the Parlament the number whereof you may see in M. Cromptons Iurisd fo 24. It may probably be thought that it was aunciently taken for those companies consisting of ten families which were combyned to be one anothers pledge or borhoe See Bracton li. 3. tractat 2. ca. 10. See Headborowe and Borowhead and M. Lambard in the duties of constables pa. 8. Lynwood vpon the prouinciall vt singula de censibus speake to this effect Aliqui interpretātur burgum esse castrum vel locum vbi sunt crebra castra vel dicitur burgus vbi sunt per limites habitacula plura constituta But then setting downe his owne opinion he defineth it thus Burgus dici potest villa quacunque unque alia a ciuitate in qua est vniuersit as approbata And that he proueth oute of the 11. booke of Iustinians Godex titulo de fund rei priuatae 65. et l. 6. eius tituli where burgus is termed corpus some deriue it from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. turris see M. Skene de verbo signif verbo Borghe The late author M. Verslegan in his restitution of decaied intelligences saith that burg or burnh whereof we say yet Borough or Bourrow metaphorically signifieth a towne hauing a wall or some kinde of closure about it also a Castell All places that in old time had among our auncesters the name of borrough were places one way or other fensed or fortified Bordlands signifie the demeasns that lords keepe in their hands to the maintenance of their bord or table Bract. li. 4. tractat 3. ca. 9. nu 5. Borowhead alias Headborowe capitalis plegius by M. Lamberds opiniō in his treatise of Cōstables is made vp of these two words borhoe i. pledge and bead and signifieth a head orchiefe pledge And in explication of this and other Saxon words of this nature he maketh an excellent rehearsall of some auncient customes of England during the reigne of the Saxons which you may reade This borowhead in short was the head or cheife man of the Decurie or Borhoe that there he speaketh of chosen by the rest to speake to doe in the name of the rest those things that concerned them See Borowholders Borowhowlders aliàs Bursholders be quasi borboe ealders signifing the same officers that be called borowheads Lamb. in the duties of Constchles Bracton calleth them Borghie Aldere li. 3. tractat 2. ca. 10. Borow english is a custumarie descent of lands or tenements whereby in all places where this custome holdeth lands and tenemenrs descend to the yongest sonne or if the owner haue no issue to his yongest brother as in Edmunton Kitchin fo 102. And the reason of this custome as Litleton saith is for that the yongest is presumed in lawe to be least able to shift for himselfe Borow goods divisable I finde these words in the statute of Acton Burnel anno 11. Ed. 1. statute vnico and dare not confidently set downe the true meaning of them But as before the statute of 32. 34. H. 8. no lands weare diuisable at the common law but in auncient baronies so perhaps at the making of the foresaide statute of Acton burnel it was doubtfull whether goods were deuisable but in auncient borowes For it seemeth by the writ de rationabili parte bonorum that aunciently the goods of a man were partible betwene his wife and children Bote signifieth compensation Lamb explication of Saxon words Thence cōmeth manbote aliâs monbote that is compensation or amends for a man slaine which is bound to another For farder vnderstanding whereof it is to be seene in K. Inas lawes set out by M. Lamberd ca. 96. what rate was ordeined for the expiation of this offence See Hedgebote Plowbote Howsebote reade M. Skenede verbo signif verbo Bote. Botiler of the king pincerna regis anno 43. Ed. 3. ca. 3. is an officer that prouideth the Kings wines who as Fleta li. 2. ca. 21. saith may by vertue of his office out of every shippe loaden with sale wines vnum doleum eligere in prora navis ad opus regis aliud in puppi pre qualibet pecia reddere tantùm 20. solid mercatori Si autem plura inde habere volucrit bene licebit dum tamen precium fide dignorum iudicio pro rege appenatur Bowbearer is an vnder officer of the forest as M. Crompton in his iurisdict fo 201 setteth down sworne to the true performance of his office in these words I will true man be to the master forister of this forest to his lieuerenent and in the absence of them I shall truly oversee
See Pontage Brigbote Bull bulla seemeth to come from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polidorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the leters by the Canonists called Apostolique strengthened with a leaden seale and containing in them the decrees or commandements of the Pope or bishop of Rome The word is vsed many times in our Statutes as anno 28. H. 8. cap. 16. anno 1. 2. Ph. Ma. ca. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with vs gold or siluer in the masse or billet anno 9. Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whether such gold in the lumpe 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 Burghote commeth of burg i. castellum and bote i. compensatio and signifieth a tribute or contribution toward the building or repairing of castels or walles of defence or toward the building of a borow or city Frō this diuers had exemption by the auncient charters of the Saxon kings Whereupon it is taken ordinarily for the exemption or libertie it selfe Rastals expos of words Fleta hath these words of it Significat quiet antiam reparationis murorum civitatis vel burgi li. 1. cap. 47. Burgh English See Borow English Burgage burgagium is a tenure proper to cities townes whereby men of cities or borowes hold their lands or tenements of the King or other Lord for a certaine yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. nu 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 lawe thus defined Burglarie is a felonious entring into another mans dwelling house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steale somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offender be to steale this is like robberie if to murder it differeth not much from murder and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the naturall signification of the word is nothing but the robbing of a house but as it is vox artis our common Lawyers restraine it to robbing a house by night or breaking in with an intent to robbe or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Iustice of peace fol. 28. b. fol. 29. 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings butler by vertue of his office may take of euery shippe anno 1. H. 8. cap. 5. For the which see more in Botyler C CAblish cablicin among the writers of the Forest lawes signifieth brush wood Manwood parte pag. 84. Cromptons Iurisd fol. 165. Calamus is a cane reed or quill the diuers kinds wherof you haue set downe in Gerards Herball lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1. Iacobi cap. 19. Calendrin of Worsseds anno 5. H. 8. cap. 4. anno 35. eiusdem cap. 5. Cantred is as much in Wales as an hundred in England For Cantre in the British tongue signifieth centum This word is vsed anno 28. H. 8. cap. 3. Cape is a writ iudiciall touching plee of land or tenements so tearmed as most writs be of that word in it selfe which carieth the especiallest intention or end thereof And this writ is diuided in Cape magnum Cape parvum both which as is before said in Attachment take hold of things immoueable and seeme to differ betweene themselues in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the tenent to aunswer to the default and ouer to the demaundant Cape parvum summoneth the tenent to aunswer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161. 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a iudiciall and lyeth where a man hath brought a Praecipe quod reddat of a thing that toucheth plee of land and the tenent make default at the day to him giuen in the writ originall then this writ shall goe for the king to take the land into the kings hands and if he come not at the day giuen him by the grand Cape he hath lost his land c. A president and forme of this writ you may see in the Register iudiciall fol. 1. b. It seemeth after a fort to containe in it the effect unssionis in possessionem ex primo secundo decrete among the Civilians For as the first decree seiseth the thing and the second giueth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the partie a farder day of appearance at which if he come not in the land is forfeited Yet is there difference betweene these two courses of the ciuill and cōmon lawe first for that missio in possessionem toucheth both moueable and immoueable goods whereas the cape is extended only to immoueable secondly that the partie being satisfied of his demaund the remanet is restored to him that defaulted but by the cape all is seised without restitution thirdly missio in possess is to the vse of the partie agent the cape is to the vse of the king Of this writ and the explication of the true force and effect thereof reade Bracton lib. 5. tract 3. cap. 1. num 4. 5. 6. See Cape ad valentiam Cape parvum in the Old na br fol. 162. is thus defined This writ lyeth in case where the tenent is summoned in plee of land and commeth at the summons and his appearance is of record and after he maketh default at the day that is giuen to him then shall goe this writ for the king c. Of this likewise you haue the form in the Register iudiciall fol. 2. a. Why it is called cape parvum see in cape magnum Of both these writs reade Fleta lib. 6. cap. 44. 〈◊〉 Magnum seqq Cape ad Valentiam is a species of cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161. 162. it is thus defined or described This writ lyeth where any
impleaded of certaine lands and I vouch to warrant another against whom the summons ad warrantizandum hath bene awarded and the Shyreeue commeth not at the day giuen then if the demandant recouer against me I shall haue this writ against the vouchee and shall recouer so much in value of the land of the vowchee if he haue so much and if he haue not so much then I shall haue execution of such lands and tenements as descend vnto him in fee-simple or if he purchase afterward I shall haue against him a resummons and if he can nothing say I shall recouer the value And note ye that this writ lyeth before apparence Thus farre goeth the booke Of these and the diuers vses of them see the Table of the Register iudiciall verbo Cape Capias is a writ of two sortes one before iudgement called Capias ad respondendum in an action personall if the Shyreeue vpon the first writ of distresse returne nihil habet in baliua nostra and the other is a writ of execution after iudgement being also of diuers kindes viz. Capias ad satisfaciendum Capias pro fine Capias vtlagatum Capias vtlaga 〈…〉 inquiras de bonis catallis Capias ad satisfaciendum is a writ of execution after iudgement lying where a man recouereth in an action personall as debt or dammages or detinew in the kings court and he against whome the debt is recouered and hath no lands nor tenemēts nor sufficient goods wherof the debt may be leuied For in this case he that recouereth shal haue this writ to the shreue commanding him that he take the body of him against whome the debt is recouered and he shal be put in prison vntill satisfaction be made vnto him that recouered Capias pro fine is where one being by iudgement fined vnto the king vpon some offence committed against a statut doth not discharge it according to the iudgement For by this is his body taken and committed to prison vntill he content the king for his fine Coke li. 3. fo 12. a. Capias vtlagatum is a word of execution or after iudgement which lyeth against him that is outlawed vpon any suite by the which the shyreue vpon the receite thereof apprehendeth the party outlawed for not appearring vpon the exegend and keepeth him in safe custodie vntill the day of returne assigned in the writ and then presenteth him vnto the court there farder to be ordered for his contempt Capias vtlagatum inquiras de bonis catallis is a writ al one with the former but that it giueth a farder power to the shyreeue ouer and beside the apprehension of the body to inquire of his goods and cattels The forme of all these writs see in the ould nat br fo 154. and see the Termes of law verbo Proces Lastly you may finde great variety of this kinde in the table of the Register iudiciall verbo Capias Capias in Withernamium de averijs is a writ lying for catell in Withernam Register orig fo 82. 83. see Withernam Capias in Withernamium de homine is a writ that lyeth for a seruant in Withernam Regist or fo 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking vp of such as hauing receiued prest mony to serue the king slink away and come not in at their time assigned Register orig fo 191. Captaine aliàs capitayne capitaneus commeth of the French capitaine and signifieth with vs him that leadeth or hath charge of a companie of souldiers and is either generall as he that hath the gouernance of the whole host or speciall as he that leadeth one only band The word capitanei in others nations signifieth more generally those that are in latine called principes or proceres because as Hottoman saith in verbis feudalibus tanquā caput reliquo corpori sic hij reliquis civibus praesunt He divideth them into two sorts and to vse his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelligūtur li. 1. feudo tit 1. § 1. ti 7. Alii impropriè qui vrbiū praefecti sunt quibus plebs ab aliquo superiorum gubernanda committitur qui vallasores regit maiores appellantur l. 1. feud tit 1. § 1. tit 7. tit 17. So we haue captaines of castels heere in England and other places as of the Isles of Gearsey and Gearnsey of the Isle of Weight c. Capite is a tenure which holdeth immediately of the king as of his crown be it by knights seruice or socage Broke tit Tenures 46. 94. Dyer fo 123. nu 38. fo 363. nu 18. not as of any Honour castell or maner and therefore it is otherwise called a tenure that holdeth meerely of the king because as the crowne is a corporation and seigneury in grosse as the common lawyers terme it so the King that possesseth the crowe is in accōpt of lawe perpetually King and neuer in his minoritie nor neuer dieth no more then populus doth whose authoritie he beareth See Fitzh nat br fo 5. F. Note by the way that a man may hold of the king and not in Capite that is not immediately of the crowne in grosse but by meanes of some Honour castel or maner belonging to the Crowne wherof I hold my land Whereof Kitchin saith well that a man may hold of the King by Knight seruice and yet not in capite because he holdeth happily of some honour by Knights seruice which is in the kings hands as by descent from his auncesters and not immediately of the king as of his crowne fo 129. with whome agreeth Fitzh nat br f. 5. K. whose words are to this effect So that it plainely appeareth that lands which be held of the king as of an honour castell or maner are not held in capite of the King because that a writ of right in that case shall be directed to the bayliffe of the honour castell or maner c. but when the lande be held of the King as of his crowne then they be not held of honour castell or maner but meerely of the King as King and of the Kings crowne as of a seigneury of it selse in grosse and the cheife aboue all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. n. 37. Author of the new termes verb. Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hould of the person of the King and not in capite His example is this if the King purchas a maner that I. S. houldeth the tenent shall hould as he held before and shall not render liuery or primier seisin nor hould in capite And if the king graunt that maner to W. N. in fee excepting the seruices of I. S. then I. S. holdeth of
the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack aliàs Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes aliàs Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted frō carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatū terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. īn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F 〈…〉 cat br more at large fol. 205. Catals catalla aliâs chatels cōmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by cōsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis patētibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur e◠inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in cōmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of Lācaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch 〈…〉 axe the clerke of the facult 〈…〉 the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Π. de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
his 30. chapter saith in the Kings person to this effect we will that none haue measures in the realme but we our selues but that every man take his measures and weights from our standards and so goeth on with a tractat of this mater that well sheweth the auncient law and practise in this poynt Touching this officers dutie you haue also a good statut anno 13. R. 2. cap. 4. Clerk of the Kings siluer clericus argenti Regis is an officer belonging to the court of common plees vnto whome euerie fine is brought after it hath beene with the custos brevium and by whome the effect of the writ of couenant is entred into a paper booke and according to that note all the fines of that terme are also recorded in the rolles of the court And his entrie is in this forme He putteth the Shire ouer the margen and then saith A. B. dat domino regi dimidiam 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 dutie is in the sessions to reade the endictments to enrolle the acts and drawe the proces to record the proclamations of rates for servants wages to enrolle the discharge of apprentices to keepe the counterpaine of the indenture of armour to keepe the register booke of licences giuen to badgers and laders of corne of those that are licensed to shoote in guns to certify into the kings bench transcripts of indictments outlawries attainders and convictions had before the Iustices of the peace within the time limited by statute Lamberds eirenarcha li. 4. ca. 3. fo 379. Clerk of the signet clericus signetti is an officer attendant continually on his maiesties principall secretary who alwaies hath the custodie of the priuie signet as well for sealing his maiesties priuate leters as also such graunts as passe his maiesties hands by bill assigned Of these there be fower that attend in their course and haue their diet at the Secretaries table More largely you may reade of their office in the statute made anno 27. H. 8. ca. 11. Clerk of the priuie seale clericus priuati sigilli is an officer whereof there be foure in number that attendeth the Lord keeper of the priuie seale or if there be none such vpon the principal Secretarie writing and making out all things that be sent by warrant from the signet to the priuie seale and are to be passed to the great seale as also to make out as they are tearmed privie seales vpon any especiall occasion of his maiesties affaires as for loane of mony or such like Of this officer and his function you may read the statute anno 27. H. 8. ca. 11. He that is in these daies called the Lord keeper of the privie seale seemeth in auncient time to haue beene called clerke of the priuie seale and to haue beene reckoned in the number of the great officers of the realme Read the statute anno 12. R. 2. ca. 11. Clerk of the Iuries or iurata writs clericus iuratorum 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 Iurie either in court or at the assises after that the Iurie or panell is returned vpō the venire facias He entreth also into the rols the awarding of these writs and maketh all the continuance from the going out of the habeas corpora vntill the verdict be giuen Clerk of the pipe clericus pipae is an officer in the kings exchequer who hauing all accounts and debts due to the king delivered and drawne downe out of the Remembrancers offices chargeth them downe into the great rolle who also writeth sūmons to the Shyreeue to levie the said debts vpon the goods and catels of the deptors and if they haue no goods then doth he drawe them downe to the L. treasurers remembrancer to write extreats against their lands The awncient revenew of the Crowne remaineth in charge afore him he seeth the same answered by the fermers shyreeues to the King He maketh a charge to al Shyreeues of their summons of the pipe and green-wax and seeth it answered vpon their accompts He hath the drawing and ingrossing of all leases of the Kings land Clerk of the hamper or hanaper clericus hanaperij is an officer in chawncerie anno 2. Fd. 4. ca. 1. otherwise called warden of the hamper in the same statute whose functiō is to receiue al the mony due to the kings maiestie for the seales of charters patēts commissions and writs as also feese due to the officers for enrolling examining the same with such like He is tied to attendance on the lord Chanceler or lord keeper daily in the terme time and at all times of sealing hauing with him leather bags wherein are put all charters c. after they be sealed by the Lord Chanceler and those bags being sealed vp with the lord Chancelers priuate seale are to be deliuered to the controller of the hanaper who vpon receipt of them doth as you shall reade in his office This hanaper representeth a shadowe of that which the Romanes termed fiscum that conteined the Emperours treasure Clerk of the plees clericus placitorum is an officer in the exchequer in whose office all the officers of the court vpon especiall priuiledge belonging vnto them ought to siew or be siewed vpon any action Clerk of the treasurie clericus thesaurariae is an officer belonging to the common plees who hath the charge of keeping the records of the courte and maketh out all the records of Nisi prins hath the fees due for all searches and hath the certifiing of all records into the the kings bench when a writ of errour is brought and maketh out all writs of Supersideas de non molestando which are graunted for the defendants while the writ of errour hangeth Also he maketh all exemplications of records being in the treasurie He is taken to be the servant of the chiefe Iustice and remoueable at his pleasure whereas al other officers are for terme of life There is also a Secondarie or vnder clerk of the treasurie for assistance which hath some allowances There is likewise an vnder keeper who alway keepeth one key of the treasury doore the chiefe clerke of the Secundarie another so the one cannot come in without the other Clerk of essoines clericus essoniorum is an officer belonging to the courte of common plees who onely keepeth the essoines rolle and hath for entring everie essoine sixe pence and for euery exception to barre the essoine in case where the partie hath omitted his time sixe pence He hath also the providing of parchment and cutting it out into rols and marking the numbers vpon them and the deliuerie out of all
beneficiū iusve habere in beneficio aut canonicum titulum censebuur vti nec depositarius in re deposita wherof also Petrus Gregorius de beneficiis ca. 10. nu 13. thus writeth In hac quarta divisione potest adds tertium genus beneficii quod citra praescriptionem qualitatis a persona alterius qualitatis quà m beneficium exigat naturâ possidetur sed sine praeiudicio naturae beneficii per dispensationem eo commendato olim ad tempus certum certae personae hodie vt plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam vt si regulare beneficium á Summo Pontisice conferatur nomine commēdae saeculari Nam ideo non mutatur beneficii natura nec fit ideo saeculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in vtilitatem ecclesiae vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia quae revocari potest quod repugnat naturae beneficii quod est perpetuum In secundo autem casu beneficium censetur in vtilitatem commendatarii commēda facta quam possidere potest quà m diu vixerit c. whome you may also read ca. 2. li. 13. Commissarie cōmissarius is a title of ecclesiasticall iurisdiction appertaining to such a one as exerciseth spirituall iurisdiction at the least so farre as his commission permitteth him in places of the dioces so farre distant from the cheife citie as the chanceler cannot call the subiects to the Bishops principall consistorie without their to great molestation This commissarie is of the canonists termed commissarius or officialis foraneus Lyndwoods provin ca. 1. de accusatio ver bo Mandatum archiepiscopi in glos and is ordeined to this especiall end that he supply the bishops iurisdiction and office in the out places of the dioces or els in such parishes as be peculiars to the bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there be archedeacons that haue iurisdiction within their archdeaconries as in most places they haue there this commissarie is but superfluous and most commonly doth rather vexe and disturb the country for his lucre then of conscience seeke to redresse the liues of offenders And therefore the Bishop taking prestation mony of his archdeacons yearely pro exteriori iurisdictione as it is ordinarily called doeth by superonerating their circuit with a commissarie not onely wrong archdeacons but the poorer sort of subiects much more as common practise daily teacheth to their great woe Cōmission commissio is for the most part in the vnderstanding of the common lawe as much as delegatio with the Civilians See Broke titulo commission and is taken for the warrant or letters patents that all men exercising iurisdiction either ordinarie or extraordinarie haue for their power to heare or determine any cause or action Of these see diuers in the table of the Register originall verbo Commissio yet this word sometime is is extended farder then to maters of iudgement as the commission of purveiours or takers anno 11. H. 4. ca. 28. But with this epitheton high it is most notoriously vsed for the honourable commission court instituted and founded vpon the statute 1. Eliza. ca. 1. for the ordering and reformation of all offences in any thing appertaining to the iurisdiction ecclesiasticall but especially such as are of higher nature or at the least require greater punishment then ordinarie iurisdiction can afford For the world being growne to that loosenes as not to esteeme the censure of excommunicatiō necessitie calleth for those censures of fynes to the prince and imprisonment which doe affect men more neerely Commission of rebellion Commissio rebellionis is otherwise called a writte of rebellion breue rebellionis and it hath vse when a man after proclamation made by the Shyreeue vpon an order of the channcerie or court of Starre chamber vnder penaltie of his allegance to present himselfe to the court by a certaine day appeareth not And this commission is directed by way of commaund to certaine persons to this end that they or three two or one of them doe apprehend or cause to be apprehend the party as a rebell and contemner of the kings lawes wheresoeuer they find him within the kingdome and bring him or cause him to be brought to the courte vpon a day therein assigned The true copie of this commission or writ you haue in Cromptons diuers Iurisdictions Court de Starre chamber as also in West tractat touching proceedings in Chancerie Sectio 24. Commissioner commissionarius is he that hath commission as leters patents or other lawfull 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 eyre an 3. Ed. 1. ca. 26. with infinite such like Committee is he to whome the consideration or ordering of any mater is referred either by some court or consent of parties to whome it belongeth As in Parlament a bille being read is either consented vnto and passed or denied or nether of both but referred to the consideration of some certaine men appointed by the house farder to examine it who thereupon are called committees Committee of the King West par 2. symbo titulo Chancerie sect 144. This word seemeth to be something strangely vsed in Kitchin fo 160. where the widow of the kings tenent being dead is called the cōmittee of the king that is one committed by the auncient law of the land to the kings care and protection Common bench bancus communis is vsed some time for the court of common plees anno 2. Ed. 3. ca. 11. So called as M. Camden saith in his Britannia pa. 113. quia communia placita inter subditos ex iure nostro quod communae vocant in hoc disceptantur that is the plees or controuersies tryed betweene common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Iustices in eyre consueverunt Iusticiarii imponere villatis iuratoribus hundredis toti comitatui concelamētum omnes separatim amerciare quod videtur voluntarium cùm de periurio concelamento non fuerint convicti sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione li. 1. cap. 48. § Quibus And a litle following § Et provisum he hath these words Et provisum est quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum aliorum proborum hominum de commitatu eodem affidentur super eos qui contribuere debent vnde particulae Iusticiariis liberentur vt cum aliis extractis suis ad Scaccarium liberare valeant These last words of his haue relation to the statute Westminst
other thing that may be tried by the lawe of the land And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners iure feudi and why it is discontinued see Dyer fo 258. nu 39. Out of this high magistracie saith M. Lamberd were drawen these lower constables which we call constables of hundreds franchises and first ordeined by the statute of Winchester anno 13. Ed. 1. which appointeth for the conseruation of the peace and view of armour two constables in euerie hundred and franchise which in latine are called constabularii capitales And these be nowe a daies called high constables because continuance of time and increase both of people and offenfes hath againe vnder these made others in euery towne called petit constables in latine subconstabularios which are of like nature but of inferiour authoritie to the other as you may read at large in that learned mans treatise before named Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places called by this name as constable of the tower Ssawnf pl. cor fol. 152. anno 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict fo 132. constable of the exchequer anno 51. H. 3. statute 5. Constable of Douer castel Camdeni Britan. pa. 239. Fitzh nat br fo 240. otherwise called castellane Westm i. ca. 7. anno 3. Ed. i. But these be castellani properly as M. Lamberd noteth though conioined in name with the others See the statute anno 32. H. 8. ca. 38. M. Manwood parte prima ca. 13. of his forest lawes maketh mention of a constable of the forest Consuetudinibus seruities is a writ of right close which lyeth against the tenent that deforceth his lord of the rent or seruice dew vnto him Of this see more at large the Old nat br fo 77. Fitzh eodem fo 151. and the Register orig fo 159. Consultation consultatio is a writ whereby a cause being formerly remoued by prohibition from the ecclesiasticall court or court christian to the kings court is returned thither againe For the Iudges of the kings court if vpon comparing the libell with the suggestion of the party they do find the suggestion false or not proued and therefore the cause to be wrongfully called from the court christian then vpon this consultation or deliberation they decree it to be returned againe wherevpon the writ in this case obtained is called a consultation Of this you may reade the Register orig fo 44. 45. c. vsque fol. 58. Old nat br fo 32. Fitzh eodem fo 50. Contenement contenementum seemeth to be the free hould land which lyeth to a mans tenement or dwelling house that is in his owne occupation For in magna charta ca. 14. you haue 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 maner thereof sauing to him his contenement or free hould And a merchant likewise shal be amerced sauing to him his merchandies and any other villaine then owers shal be amerced sauing his wainage if he take him to our mercy And Bracton li. 3. tracta 2. ca. 1 nu 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti seoundùm quod delictum fuit magnum vel parvum saluo contenemento suo mercator verò non nisi salua merchandiza sua villanus nisi saluo Waniagio suo which mercy seemeth to haue bene learned from the ciuile lawe whereby executio non potest fieri in boues aratra aliaue instrumenta rusticorum l. executores Authen Agricultores Co quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei indica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate Π. de verbo significa Quae tamen rusticorum militum scholarium priuilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Iohan. Eimericus in processu indiciario cap. de Executione senten 79. num 11. Continuance seemeth to bee vsed in the common law as prorogatio is in the ciuile lawe For example Continuance vntil the next assise Eitz nat br fol. 154. F. and 244. D. in both which places it is sayde that if a record in the treasurie be alledged by the one partie and denyed by the other a certiorari shall be siewed to the Treasurer and the chamberlaine 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 the Tower the king shall send to the Iustices repeating the certificate and will them to continue the assise In this signification it is likewise vsed by Kitchin fol. 202. 199. and also anno 11. H. 6. cap. 4. Continuall claime continuum clameum is a claime made from time to time Within euery yere and day to land or other thing which in some respect we cannot attaine without daunger For example if I be disseised of land into which though I haue right vnto it I dare not enter for feare of beating it behooueth me to hold on my right of entry to the best oportunitie of me mine heyre by approching as neare it as I can once euery yere as long as I liue and so I saue the right of entry to mine heire Termes of law Againe if I haue a slave or villein broken from me and remaining any where within the auncient demesn of the king being in the handes of the king I cannot maintaine the writ de nativo habendo as long as he continueth there but if I claime him within the yeare and the day and so continue my claime vntill I can find him within that compasse I may lawfully lay hold of him as mine owne Fitz. nat br fol. 79. See more in Litleton verbo Continuall claime And the new booke of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a covenant or agreement with a lawfull consideration or cause West parte prim symbol lib. 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 vt vel vterque invicem vel alteruter obligetur Who so will throughly examine the difference betweene this and pactū and such other words something like in signification let him search the civilians and he shall find worke both pleasant and profitable and well fitting the common lawe also Contra formam collationis is a writ that lyeth against an abbot or his successor for him or his heire that hath giuen land to an Abbey to certaine good vses and findeth that the Abbot or his successour hath made a feofment thereof with the assent of the tenents to
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 parcell of land or tenement belonging to the maner and the transcript of this is called the court rowle the copie whereof the tenent taketh from him and keepeth as his onely euidence Coke li. 4. fo 25. b. This tenure is called a base tenure because it houldeth at the wil of the lord Kitchin fo 80. chap copihoulds Fitzh nat br fo 12. B. C. who there saieth that it was wont to be called tenure in villenage and that this copihould is but a new name Yet is it not simply at the will of the lord but according to the custome of the maner So that if a copiehoulder breake not the custome of the maner 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 ouer head at his pleasure These customes of maner be infinit varying in one point or other almost in euery seuerall maner First some copiehould is fineable and some certaine that which is fineable the lord rateth at what fine or incom he pleaseth when the tenent is admmitted vnto it that which is certaine is a kinde of inheritance and called in many places custumary because the tenent dying and the hould being void the next of the blood paying the custumarie fine as two shillngs for an acre or such like may not be denied his admission Secondly some copihoulders haue by custome the wood growing vpon their owne land which by law they could not haue Kitchin vbisupra Thirdly copi-holders some be such as hold by the verge in ancient demesn although they hold by copy yet are they in accompt a kind of Free-holders 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 meere copy hold and they committing felonie their land escheateth to the Lord of the maner foorthwith Kitchin fol. 81. chap. Tenents per verge in auncient demesn What auncient demesn is see in the right place See Tenent by copie of court rolle This is the land that in the Saxons time was called Folk land Lamberd explicat of Saxon words verbo Terra ex scripto West parte prim symbol lib. 2. Sect. 646. defineth a copi-holder thus Tenent by copie of court rolle is he which is admitted tenent of any lands or tenements within a maner that time out of the memory of man by vse and custome of the said maner haue bene dimisable and dimised to such as will take the same in fee in fee-taile for life yeares or at will according to the custome of the said maner by copie of courtrolle of the same maner where you may read more of these things Coraage coraagium is a kinde of imposition extraordinarie growing vpon some vnusuall occasion and it seemeth to be of certaine measures of corne For corus tritici is a certaine measure of corne Bracton libro 2. ca. 16. nu 6. who in the same chapter nu 8. hath of this mater these words Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cùm necessitas interuenerit vel cùm rex venerit sicut sunt hidagia coraagia caruagia alia plura de necessitate ex consensu communitotius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentē suū acquietare nisi se adhoc specialiter obligauerit in charta sua c. Cordiner commeth of the French cordoüannier i. sutor calcearius a shoomaker and is so vsed in diuers statutes as anno 3. H. 8. ca. 10 anno 5. eiusdem ca. 7. and others Cornage cornagium commeth of the French cor i. cornu and in our common law signifieth a kinde of grand sergeantie the seruice of which tenure is to blow a horne when any invasion of the northern enemie is perceiued And by this many men hold their land northward about the wall commonly called the Picts walle Camd. Britan p. 609. hence commeth the word cornuare to blow a horn pupil oculi parte 5. ca. 22. in charta de Foresta This seruice seemeth to haue proceeded from the Romanes For I finde cornicularios mentioned in the ciuile lawe viz. li. 1. Cod. de officio diuerso Iud. 48. lege 3. lib. 12. titulo de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius libro 3. de verbo significat saith thus of them hi militum quoddam genus fuere qui corniculo merebant vnde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horne was an honour reward giuen for seruice in war Corner tile See Gutter tile Corodye corodium commeth of the Latine verb corrodo and signifieth in our common lawe a summe of mony or allowance of meate and drinke due to the king from an abbey or other house of religion whereof he is the founder toward the reasonable sustenāce of such a one of his seruants being put to his pension as he thinketh good to bestowe it on And the difference betweene a corodie and a pension seemeth to be that a corodie is allowed toward the maintenance of any the kings seruants that liueth in the abbey a pension is giuen to one of the kings chaplaines for his better maintenance in the kings seruice vntill he may be prouided of a benefice Of both these read Fitzh nat br fo 230. 231. 233. who there setteth downe all the corodies and pensions certaine that any abbey when they stoode was bound to performe vnto the king There is mention also of a corodie in Stawnf praerogatiue fo 44. And this seemeth to be awncient lawe For in Westm 2. ca. 25. it is ordeined that an assise shall lie for a corodie It is also apparent by the statute anno 34. 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries by the new termes of lawe that a corodie may be due to a common person by graunt from one to another or of common right to him that is founder of a religious house not holden in frank almoyn For that tenure was a discharge of all corodies in it selfe By which booke it appeareth also that a corodie is either certaine or vncertaine and that it may be for life yeares in taile or in fee. Corodio habendo is a writ whereby to exact a corodie of any abbey or religious house See Corodie See the Register originall fo 264. Coronatore eligendo is a writte which after the death or discharge of any coroner is directed to the shyreeue out of the Chācery to call togither the free
holders of the countie for the choice of a new coroner to certifie into the chanceries both the election and the name of the partie elected and to giue him his oath See Westm 1. ca. 10. and Fitzh nat br fo 163. and the Register orig fo 177. Coroner coronator is an auncient officer of this land so called because he dealeth wholly for the king and crowne There be fower of them commonly in euery countie and they are chosen by the freeholders of the same vpon writ and not made by leters patents Crompt Iurisd fo 126. This officer though now he be some inferiour gentleman that hath some smattering in the lawe yet if we looke to the statute of Westm 1. ca. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreete knight that best will and-may attend vpon such an office Yea there is a writ in the Register Nisi sit miles so 177. b. whereby it appeareth that it was fufficient cause to remooue a coroner chosen if he were not a knight and had not a hundred shillings rent of freehold And the Lord cheife Iustice of the kings bench is the soueraigne coroner of the whole realme in person i. wheresoeuer he remaineth libro assisarum fo 49. 5. coron Coke li. 4. casu de Wardens c. of the Sadlers fo 57. b. His office especially concerneth the plees of the crowne but if you will reade at large what aunciently belonged vnto him reade Bracton li. 3. tra 2. c. 5. de officio coronatorum circa homicidium and ca. 6. de officio coronatoris in the sauris inventis ca. 6. de officio coronatorum in raptu virginium and ca. 8. de officio coronatorum de pace plagis and Britton in his first chapter where he handleth it at large Fleta also in his first booke cap. 18. and Andrew Horns mirrour of Iustices li. 1. ca. del office del coroners but more aptly for the present times Stawnf pl. cor li. 1. ca. 51. Note there be certaine coroners speciall within diuers liberties as well as these ordinarie officers in euerie countie as the coroner of the verge which is a certaine compas about the kings court whome Crompt in his iurisd fo 102. calleth the coroner of the kings house of whose authoritie see S. Ed. Cokes reportes lib. 4. fo 46. a. b. And I know certen charters belonging to colledges and other corporations whereby they are licēsed to appoint their coroner within their owne precincts Farder of this office see also Fitzh nat br fo 76. A. B. S. Thomas Smith li. 2. ca. ca. 21. de repub Anglo and Lamb. eirenarcha li. 4. ca. 3. pa. 380. And the office of the coroner in Scotland what it is read M. Iohn Skene de verbo signifi verbo Iter. Corporation corporatio is that which the civile law calleth vniversitatem or collegium a bodie politique authorised by the kings charter to haue a common seale a head officer one or more and members able by their common consent to graunt or to receiue in law any thing within the compas of their charter euen as one man may doe by law all things that by lawe he is not forbidden and bindeth the successours as a single man bindeth his executour or heyre See Brokes his abridgment titulo Corporation and the newe Tearmes of lawe eodem Corpus cum causa is a writ issuying out of the Chauncerie to remoue both the bodie and the record touching the cause of any man lying in execution vpō a iudgement for debt into the Kings bench c. there to lye vntill he haue satisfied the iudgement Fitzh nat br fol. 25◠E. Corrector of the staple is an officer or clerke belonging to the staple that writeth and recordeth the bergains of Merchants there made anno 27. Ed. 3. stat 2. cap. 22. 23. The Romanes called them Mensarios Corruption of blood is an infection growing to the estate of a man attainted of felonie or treason and to his issue For as he leeseth all to the Prince or other lord of the fee accordingly as his case is so his issue cannot be heires to him or to any other auncester of whom they might haue claimed by him And farder if he were noble or a gentleman before he and his children are made vnnoble and vngentle in respect of the father Newe Tearmes of the lawe Corse present are words borowed from the French signifying a mortuarie anno 21. H. 8. ca. 6. The true French is corps praesentè i. the bodie presented or tendered The reason why the mortuarie is thus also tearmed seemeth to be for that where a mortuarie was wont to be due the bodie of the best beast was according to the law or custome offered or presented to the priest Corselet is a French word signifying a litle bodie in Latine corpusculum It is vsed with vs for an armor to couer the whole bodie or trunke of a man anno 4. 5. Ph. Mar. cap. 2. where with the pikemen commonly set in the front and flanks of the battaile are armed for the beter resistance of the enemies assaults and the surer guard of the gunners placed behind or within them being more sleightly armed for their speedier issuing in and out to discharge their peeces See Barrets discourse of Warre lib. 3. dialog 2. Cofenage cognatione is a writ that lyeth where the tresaile that is tritavus the father of the besaile or of the great grandfather is seysed in his demesn as of see at the day of his death of certaine lands or tenements and dyeth and then a straunger entreth and abateth For then shall his heyre haue this writ of cosenage the forme whereof see in Fitz. nat br fol. 221. Of this also reade Britton at large cap. 89. Cosening is an offence vnnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any speciall name West parte 2. simbolaeogr titulo Indictments sect 68. It is called stellionaius in the ciuile lawe of stellio the beast which is lacertae genus virsutissimum as Cuiacius in his paratitles calleth it and quo nullum animal homini invidet fraudulentius Plinie li. 3. ca. 10. Cotage cotagium is a house without land belonging vnto it anno 4. Ed. pri statut primo And the inhabitant of such a house is called a cotager But by a later statute no man may builde a cotage but he must lay 4. acres of ground vnto it 31. Eli. ca. 7. Cote is a kind of resuse wolle clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. ca. 9. It signifieth also as much as cotage in many places as also it did among the Saxons Verslegan in his Restitut of decayed intelligēce in antiquities Covenable rationabilis is a French word signifying fitte or convenient or suteable covenably endowed anno 4. H. 8. ca. 12. It is aunciently written
originall writ of deceite lieth where any deceit is done to a man by another so that he hath not sufficiently performed his bargaine or promise In the writ iudicial he concurreth with the former booke See the Reg. orig fo 112. and the Reg. iudiciall in the table verbo Deceptione Decimis solvendis pro possessionibus alienigenarum is a writ or leters patents yet extant in the Register which laye against those that had fermed the Priors aliens lands of the king for the Rector of the Parish to recouer his tythe of them Regi orig fol. 179. Deciners aliâs desiners aliâs doziners decennarii commeth of the French dizeine i. decas tenne in number or else of disenier i. decearchus It signifieth in the auncient monuments of our lawe such as were wont to haue the ouersight and checke of ten friburgs for the maintenance of the kings peace And the limits or compasse of their iurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also reade Fleta lib. 1. cap. 27 and a touch in the Regist orig fol. 68. b. These seemed to haue la 〈…〉 authoritie in the Saxons time 〈◊〉 king knowledge of causes within their circuite and redressing wrongs by way of iudgement as you may reade in the lawes of king Edward set out by M. Lambard num 32. In later times I find mention of these as in Britton cap. 12. who saith in the kings person as he writeth his whole booke in this maner We will that all those which be 14. yeares old shall make oath that they shall be sufficient and loyall vnto vs and that they will be neither felons nor assenting to felons and we will that all be en dozeine plevis per dozeniers that is professe themselues to be of this or that dozein and make or offer suretie of their behauiour by these or those doziniers except religious persons clerks knights and their eldest sonnes and women Yet the same author in his 29. chapter some thing toward the end doth say that all of 12. yeares old and vpward are punishable for not comming to the Turne of the Shyreeue except Earles Prelats Barons religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these wordes The like lawe is where the dozeniers make presentment that a felon is taken for felonie and deliuered to the Shyreeue c. And Kitchin out of the Register and Britton saith thus Religious persons clerkes knights or women shall not be deceniers fol. 33. So that hereby I gather that of later times this word signifieth nothing but such an one as by his oath of loyaltie to his Prince for suretie none ordinarily findeth at these dayes is setled in the combination or societie of a dozein And a dozein seemeth now to extend so farre as euery leete extendeth because in leetes onely this oathe is ministred by the steward and taken by such as are twelue yeares old and vpwards dwelling within the compasse of the leete where they are sworne Fitz. nat br fol. 161. A. The particulars of this oath you may reade in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the commission of the Iustices being read and the cause of their comming being shewed debent Iusticiarii se transferre in aliquem locum secretum vocatis ad se quatuor vel sex vel pluribus de maioribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum et sic inter se tractatum habeant Iusticiarii ad muicem ostendant qualiter a Domino Rege eius concilio prouisum sit quod omnes tam milites qùam alii qui sunt quindecim annorum ampliùs iurare debent qùod vtlagatos murditores robbatores burglatores non receptabunt neceis consentient nec eorum receptatoribus si quos tales nouerint illos attachiari facient hoc Vicecomiti baliuis suis monstrabunt si hutesium vel clameum de talibus audiverint statim audsto clamore sequantur cum familia hominibus de terra sua Here Bracton setteth downe 15. yeares for the age of those that are sworne to the kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12. yeares See Inlaughe A man may note out of the premisses diuersities betweene the auncient and these our times in this point of law and gouernement as well for the age of those that are to be sworne as also that Decennier is not now vsed for the chief man of a Dozen but for him him that is sworne to the kings peace and lastly that now there are no other Dozens but leetes and that no man ordinarily giueth other security for the keeping of the kings peace but his owne oathe and that therefore none aunswereth for anothers transgression but euery man for himselfe And for the general ground this may suffice See Frankepledge Declaration declaratio is properly the shewing foorth or laying out of an action personall in any suite howbeit it is vsed sometime and indifferently for both personall and reall actions For example anno 36. Ed. 3. c. 15. in these words By the auncient termes and formes of declarations no man shall be preiudiced so that the mater of the action be fully shewed in the demonstration in the writ See the new Termes of lawe See Cownte Dedimus potestatem is a writ whereby commission is giuen to a priuate man for the speeding of some act appertaining to a Iudge The Civilians call it Delegationem And it is graunted most commonly vpon suggestiō that the partie which is to doe something before a Iudge or in court is so feeble that he cannot trauell It is vsed in diuers cases as to make a personall aunswer to a bill of complaint in the Chaunceric to make an Atturney for the following of a suite in the Countie Hundred Wapentake c. Oldnat br fol. 20. To levie a fine West part 2. symbol titulo Fines sect 112. and diuers other effects as you may see by Fitzh nat br in diuers places noted in the Index of the booke In what diuersitie of cases this writ or commission is vsed see the table of the Regist orig verbo Dedimus potestatem Deedes Facta signifie in our commō law wrighungs that containe the effect of a contract made betweene man and man which the ciuilians call literarum obligationem And of deeds there be two sorts deeds indented and deeds poll Which diuision as M. West saith parte i. Simbol lib. 1. sect 46. groweth from the forme or fashion of them the one being cut to the fashion of teeth in the toppe or side the other being plaine And the definition of a deede indented he expresseth thus Sect. 47. A deed iudented is a deede consisting of two partes or more in which it is expressed that the parties to the same deede haue to euery parte thereof interchangeabely or seuerally
a distinction between those lands that the Lord of a maner hath in his owne hands or in the hands of his leasec dimised vpon a rent for tearme of yeares or life and such other laÌ„d appertaining to the said maner which belongeth to free or copy-houlders Howbeit the copyhold belonging to any maner is also in the opinioÌ„ of many good lawyers accounted Demeines Bracton in his fourth booke tract 3. ca. 9. nu 5. hath these words Item dominicum accipitur multipliciter Est auteÌ„ dominicum quod quis habet admensam suam propriè sicut sunt Bordlands anglie Item dicitur dominicum villenagium quod traditur villanis quod quis tempestiuè intempestiue resumere possit pro voluntate sua reuocare Of this Fleta likewise thus writeth Dominicum est multiplex Est autem Dominicum propriè terra admensam assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiuè pro voluntate domini poterit reuocari sicut est de terra commissa tenenda quam diu commissori placuerit poterit dici Dominicum de quo quis habet liberum tenementum alius vsumfructum etiam vbiquis habet liberum tenementum alius curam sicut de custode dicipoter it curatore vnde vnus dicitur a iure alius quoque ab homine Dominicum etiam dicitur ad differentiam eius quod tenetur in seruitio Dominicum est omne illud tenementum de quo antecessor obiit seisitus vt de feudo nec refert cum vsufructu vel sine de quo si eiect us esset si viueret recuperare posset per assissam nomine disseisina licet alius haberet vsum fructum sicut dici poterit de illis qui tenent in villenagio qui vtuntur fruuntur non nomine proprio sed nomine Domini sui Fleta l. 5. c 5. § DominicuÌ„ auteÌ„ And the reasoÌ„ why copyhold is accouÌ„ted Demeanes is because they that be tenents vnto it are iudged in law to haue nor other right but at the will of the lord Soe that it is reputed still after a sort to be in the Lords hands And yet in common speach that is called ordinarily Demeanes which is neither free nor copy It is farder to be noted that Demaine is sometime vsed in a more speciall signification and is opposite to Franck fee. For example those lands which were in the possession of King Edward the confessor are called auncient Demaine all others be called Franck fee. Kitchin fol 98. and the tenents which hould any of those lands be called tenents in auncient demaine the others tenents in franck fee. Kitchin vbi supra And also tenents at the common lawe West parte 2. Simbol titulo Fines Sect 25. The reason is because tenents in auncient Demaine cannot be syewed out of the Lords court Tearmes of the Lawe verbo Auncient Demaine And the tenents in auncieÌ„t demaine though they hould all by the verge and haue none other euideÌ„ce but copy of court rolle yet they are saide to haue free hould Kitchin fol. 81. See Awncient demaine Demayne cart of an Abbot seemeth to bee that cart which the Abbot vseth vpon his owe Demaine Anno. 6. H. 3. cap. 21. Demurrer Demorare commeth of the French Demeurer i. manere in aliquo loco vel morari It signifieth in our common lawe a kinde of pawse vpon a pointe of difficultie in any action and is vsed substantiuely For in euery action the controversie consisteth either in the fact or in the lawe if in the fact that is tried by the Iurie if in lawe then is the case plaine to the Iudge or so hard and rare as it breedeth iust doubt I call that plaine to the Iudge wherein hee is assured of the lawe though perhaps the partie and his councell yeeld not vnto it And in such the Iudge with his Assessors proceedeth to Iudgement without farder worke but when it is doubtfull to him and his Associates then is there stay made and a time taken either for the court to thinke farder vpon it and to agree if they can or els for all the IuÌ„stices to meete together in the Chequer chamber and vpon hearing of that which the sergeants shall say of both partes to advise and set downe what is lawe And whatsoeuer they conclude standeth firme without farder remedie Smith de Repub. Angliae lib. 2. cap. 13. West calleth it a Demurrer in chauncery likewise when there is question made whether a parties answer to a bille of complaint c. be defectiue or not and thereof reference made to any of the bench for the examination therof report to bee made to the court parte 2. symb tit Chauncery sect 29. Denariata terrae See Farding deale of land Denizen commeth of the French Donaison i. Donatio and signifieth in our common lawe an Alein that is infraÌ„chised here in England by the Princes charter an dinabled almost in all respects to doe as the kings natiue subiects doe namely to purchas and to possesse lands to be capable of any office or dignitie Yet it is saide to be short of naturalisâ—â—ion because a straunger naturalised may inherit lands by descent which a man made onely a denizen cannot And againe in the charter whereby a man is made denizen there is commonly conteined some one claufe or other that abridgeth him of that full benefite which naturall subiects doe inioy And when a man is thus infránchised he is saide to bee vnder the kings protection or esse ad fidem Regis Angliae before which time he can inioy nothing in England Bracton lib. 5. tractat 5. cap. 25. nu 3. Nay hee and his goods might bee seised to the kings vse Horn in his mirrour of Iustices li. 1. ca. de la Venue de franc plege Deodand Deodandum is a thing giuen or forseited as it were to God for the pacification of his wrath in a case of misaduenture whereby any Christian soule commeth to a violent ende without the fault of any reasonable creature For example if a horse should strike his keeper and so kille him if a man in dryuing a cart and seeking to redresse any thing about it should so fall as the cart wheele running ouer him should presse him to death if one should be felling of a tree and giuing warning to one coÌ„ming by wheÌ„ the tree were neere falling to looke to themselues and any of them should bee slaine neuerthelesse by the fall of the tree In the first of these cases the horse in the second the cart wheele carte and horses and in the third the tree is to be giuen to God that is to be sold and distributed to the poore for an expiation of this dreadfull euent though effected by vnreasonable yea sensles dead creatures Stawnf pl. cor lib. 1. ca. 2. whereof also read Bracton lib. 3. tractat 2. cap. 5. and Britton cap. 7. and West parte 2.
symbolaeog titulo Indictments sect 49. And though this be giuen to God yet is it forfeited to the king by lawe as susteining Gods person and an executioner in this case to see the price of these distributed to the poore for the appeasing of God stirred vp euen against the earth and place by the shedding of innocent blood thereupon Fleta saith that this is sould and the price distributed to the poore for the soule of the king his auncesters and of all faithfull people departed this life lib. 1. cap. 25. verbo De submersis And it seemeth that this law hath an imitation of that in Exodus cap. 21. Si cornu petierit bos virum vel mulierem ita vt moriatur lapidabitur bos neque comedetur caro eius at Dominus eius erit innocens De Deonerando 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 exaÌ„ple 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 Shyreeue or other Officer commeth and distraineth onely one of them for the Rent he that is distrained may haue this writ for his helpe Fitzh nat br fo 234. Departer is a word properly vsed of him that first pleading one thing in barre of an action and being replied thereunto doth in his reioynder shew another mater contrary to his first plea. Plowden in Reniger and Fogassa fo 7. 8. And of this see diuers examples in Brooke titulo Departer de son plee c. Departers of gold and siluer See Finours De quibus sur disseisin is a writ of entry See Fitzh nat br fol. 191. C. Dereyne Disrationare vel Dirationare may seeme to come of the French Disarroyer i. confundere turbare to confound or turne out of order or desranger 1. to set out of order or lastly of the Norman word desrene for with the Normans desrene is nothing else but a proofe of the deniall of a mans owne fact For Rubigineus in his grand custumarie cap. 122. 123. maketh mention of lex probabilis and lêx deraisnia legem probabilem or probationem he defineth to bee a proofe of a mans owne fact which he saith he hath done his aduersarie denieth His example is this A. sieweth R. for a hogge saying thou shouldest deliuer mee a hogge for 2. shillings sixe pence which mony F. paid thee wherefore I demande my hogge R. answereth It is true that thou saiest and I deliuered thee thy hog which I am ready to prooue DeraisniaÌ„ he defineth to be a proofe of a thing that one denieth to be done by himselfe which his aduersarie saith was done defeating or confounding his aduersaries assertion as you would say and shewing it to be without and against reasoÌ„ or likelyhood which is avouched In our commoÌ„ lawe it is vsed diuersly first generally for to prooue as Dirationabit ius suum haeres propinquior Glanuile li. 2. cap. 6. and Habeo probos homines qui hoc viderunt audierunt parati sunt hoc dirationare Idem lib. 4. cap. 6. and Dirationauit terram illam in curia mea Idem lib. 2. cap. 20. 1. hee prooued that land to bee his owne c. and peroinentiam eam dirationauit in vita sua vel alio modo iuste perquisivit Idem lib. 6. cap. 12. and Bracton vseth it after the same sort in these words Habeo sufficientem disratiocinationem probationem lib. 4. tracta 6 cap. 16. and so he vseth disrationare lib. 4. cap. 22. and so in Westm 2. anno 13. Ed. pri ca. 32. an to dereine the warrantie old nat br f. 146. to dereine the warraÌ„ty paramouÌ„t an 31. H. 8. c. primo And dereigner le Warranty in Plowd casu Basset in fine 2. partis fo 6. 7. 8. a. hath the same signification So it is vsed Westm 2. cap. 5. anno 13. Ed. 1. in these words And when the person of any Church is disturbed to demaund tithes in the next parish by a writ of Indicauit the patron of the Parson so disturbed to demaund tithes shall haue a writ to demaund the Advowsen of the tithes being in Demaund and when it is deraigned then shall the plee passe in the court christian as farre forth as it is deraigned in the kings court Bracton also li. 3. tracta 2. cap. 3. nu 1. speaking of him that appealeth another for any treason orfelonie hath these words Proponat accusans appellum suum in hunc modum sc debet dicere se interfuisse vidisse certo loco certo die certa hora scivisse ipsum accusatum praelocutum fuisse mortem regis vel seditionem suam vel exercitus sui vel consensisse vel auxilium consilium impendisse vel ad hoc authoritatem praestitisse hoc ego iuxta considerationem curiae disrationare paratus sum He vseth it likewise as the Normans vse Deraisniam for him that offereth to iustifie his deniall as lib. 3. tracta 2. cap. 28. nu 1. in these words Rex consilio episcorum bonorum misit propter comitem vt statuto die veniret ad curiam ad disrationandum vel defendendum se si posset Lastly in some places I find the substantiue deremement vsed in the very literall signification of the french Disrayer or desranger that is as a man wold say turning out of course displacing or setting out of order as dereinement or departure out of religion anno 31. H. 8. cap. 6. and dereinment or discharge of their profession anno 33. H. 8. cap. 29. which is spoken of those religious men that forsooke their orders and professions as also anno 5. 6. Ed. 6. cap. 13. Soe doth Kitchin vse the verb fo 152. in these words the leassee entreth into religion and afterward is dereigned And Britton vseth these words Semounse desrenable for a summons that may be chalenged as defectiue or not lawfully made cap. 21. Of this you may reade something more in Skene de verb. signif verbo Disrationare where in one signification he confoundeth it with our waging and making of lawe De son tort demesne seeme to be certaine words of forme in an action of trespasse vsed by way of reply to the plee of the Desendant For example A. sieweth B. in action of trespasse B. answereth for himselfe â—hat he did that which A calleth a trespasse by the commaundement of C. his maister A saith againe that B. did it de son tort demesne sans ceo que C. luy commaunda modo forma that is B. did it of his owne wrong without that that C. commaunded him in such forme c. Detin et See Debito and Debet Detynew detinendo is a writ that lyeth against him who hauing goods or chatels deliuered him to keepe refuseth to deliuer them againe See of this Fitzh
authoritie ouer the Countie nor any part of the profit rising of it but onely some annuall stipend out of the Exchequer rather for honours sake then any great commoditie And these bee in other nations accompted Earles improperly Quia illi dicuntur verè Comites quibus datur Comitatus in feudum illi Comites abusivè qui non habent administrationem Vincentius de Franchis descis 115. nu 7. The maner of creating Earles is by girding them with a sword Camden pag. 107. but see the solemnitie thereof described more at large in Stowes annals pa. 1121 The occasion why these Earles in later time haue had no swaye ouer the Countie whereof they beare their name is not obscurely signified in Sir Thomas Smith lib. 2. cap. 14. Where he saith that the Shyreeue is called Vicecomes as Vicarius Comitis following all maters of iustice as the Earle should do and that because the Earle is most commonly attendant vpon the king in his warres or otherwise So that it seemeth that Earles by reason of their high employments being not able to follow also the businesse of the countie were deliuered of all that burthen and onely enioyed the honour as now they doe And the Shyreeue though he be still called Vice-comes yet all he doth is immediatly vnder the king and not vnder the Earle See Countie see Hetoman de verb. feudal verbo Comes and Cassan de consuetud Burg. p 12. Easement esamentum is a seruice that one neighbour hath of another by charter or prescription without profite as a way through his ground a sinke or such like Kitchin fol. 105. which in the ciuill lawe is called Seruitus pradii Eele fares aliâs Eele Vare an 25. H. 8. cap. 7. be the frie or brood of Eeles Egyptians Egyptiani are in our statutes and lawes of England a counterfeit kinde of roagues that being English or Welch people accompany thēselues together disguising themselues in straunge roabes blacking their faces and bodies and framing to themselues an vnknowne language wander vp and downe and vnder pretence of telling of Fortunes curing diseases and such like abuse the ignorant common people by stealing all that is not too hote or too heauie for their cariaage anno 1. 2. Phi. M. cap. 4. anno 5. Eliz. cap. 20. These are very like to those whom the Italians call Cingari of whom Franciscus Leo in suo the sauro fori ecclesiastici parte prim cap. 13. thus writeth Cingari qui corrupte vocabulo quandoque etiam Saraceni nominantur permissione principū ac aliorum dominorum per Italian vagantur nec vnquam viderunt partes infidelium minusque legem Mahome it noverunt sed sunt ferè omnes Itali male habituati ex rebus furtivis vivunt ac fraudulentis earum permut ationibus ludis in quibus vt plurimum fraudes committunt sunt baptizati Eiectione custodiae Eiectment de gard is a writ which lyeth properly against him that casteth out the Gardian from any land during the minority of the heire Register origin fol. 162. Fitz. nat br fol. 139. Tearmes of the law verbo Gard. There be two other writs not vnlike this the one is tearmed Droit de gard or right of guard the other Rauishment de Gard. Which see in their places Eiectione firmae is a writ which lyeth for the Leassee for terme of yeares that is cast out before the expiration of his tearme either by the leassour or a straunger Register fol. 227. Fitz. nat br fo 220. See Quare eiecit infra terminum See the new booke of Entries verbo Eiectione firmae Einecia is borowed of the French Aisne i. primogenitus and signifieth in our common lawe Eldership Statute of Ireland anno 14. Hen. 3. Of this see M. Skene deverb signif verbo Eneya Eyre aliâs Eyer Iter. Bracton lib. 3. cap. 11. in Rubrica commeth of the old French word Erre i. iter as à grand erre i. magnis itineribus It signifieth in Britton cap. 2. the court of Iustices itinerants and Iustices in Eyre are those onely which Bracton in many places calleth Iusticiarios itinerantes of the Eyre reade Britton vbi supra who expresseth the whole course of it And Bracton lib. 3. tractat 2. cap. 1. 2. The Eyre also of the Forest is nothing but the Iustice seate otherwise called which is or should by auncient custome be held euery three yeare by the Iustices of the forest iourneying vp and downe to that purpose Cromptons Iurisd fol. 156. Manmood parte prima of his Forest lawes pag. 121. See Iustice in Eyre Reade Skene de verborum significa verbo Iter whereby as by many other places you may see great affinitie betweene these 2. Kingdomes in the administration of Iustice and gouernment Election de Clerke Electione clerici is a writ that lyeth for the choyce of a clerke assigned to take and make bonds called statute Merchant and is graunted out of the Chauncerie vpon suggestion made that the Clerke formely assigned is gone to dwell in another place or hath hinderance to let him from following that businesse or hath not land sufficient to answer his transgression if he should deale amisse c. Fitzh nat br fol. 164. Elegit is a writ Iudiciall and lyeth for him that hath recouered debt or dammages in the kings court against one not able in his goods to satisfie and directed to the Shyreeue commaunding him that he make deliuery of halfe the parties lands or tenements and all his goods oxen and beasts for the plough excepted Old nat br fol. 152. Register originall fol. 299. 301. and the Table of the Register Iudiciall which expresseth diuers vses of this writ The author of the new terms of law saith that this writ should be siewed within the yeare whom read at large for the vse of the same Elk a kinde of ewe to make bowes of anno 33. H 8. cap. 9. Empanel Impanellare Ponere in assisis Iuratis commeth of the french Panne 1. pellis or of Pannequ which signifieth some time as much as a pane with vs as a pane of glasse or of a windowe It signifieth the wrighting or entring the names of a Iury into a parchment schedule or Rolle or paper by the Shyreeue which he hath sommoned to appeare for the perfourmance of such publique feruice as Iuries are imployed in See Panell Emparlance commeth of the french Parler and signifieth in our common lawe a desire or petition in court of a day to pause what is best to doe The ciuilians call it petitionem induciarū Kitchin fol. 200. interpreteth it in these words If he imparle or pray continuance For praying continuance is spoken interpretatiuè in that place as I take it The same author maketh mention of Emparlance generall fol. 201. and Emparlance speciall fol. 200. Emperlance generall seemeth to be that which is made onely in one word and in generall terms Emparlance speciall where the party requireth a day to deliberate adding also
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii aliàs Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius 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 finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta cōmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his tenēt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
Evidentia is vsed in our lawe generally for any proofe be it testimonie of men or instrument Sir Thomas Smith vseth it in both sortes lib. 2. cap. 17. in these words Evidence in this signification is authenticall writings of contracts after the maner of England that is to say written sealed and deliuered And lib. 2. cap. 23. speaking of the prisoner that standeth at the barre to pleade for his life and of those that charge him with felonie he saith thus then he telleth what he can say after him likewise all those who were at the apprehension of the prisoner or who can giue any Indices or tokens which we call in our language Evidence against the malefactour Examiner in the Chauncerie or Starre-chamber examinator is an Officer in either Court that examineth the parties to any suite vpon their oathes or witnesses producted of either side whereof there be in the Chauncerie two Exception exceptio is a stoppe or stay to an action being vsed in the ciuill and common lawe both alike and in both diuided into dilatorie and peremptorie Of these see Bract. lib. 5. tract 5. per totum and Britton cap. 91. 92. Exchaunge excambium vel cambium hath a peculiar signification in our common lawe and is vsed for that compensation which the warrantor must make to the warrantee valewe for value if the land warranted be recouered from the warrantee Bracton lib. 2. cap. 16. li. 1. cap. 19. It signifieth also generally as much as Permutatio with the Civilians as the Kings Exchaunge anno 1. H. 6. cap. 1. 4. anno 9. Ed. 3. stat 2. cap. 7. which is nothing else but the place appointed by the king for the exchaunge of bullion be it gold or siluer or plate c. with the Kings coine These places haue bene diuers heretofore as appeareth by the saide statutes But now is there only one viz. the tower of London conjoyned with the mint Which in time past might not be as appeareth by anno 1. Henrici 6. ca. 4. Exchequer see Eschequer Excheatour see Escheatour Excommunication excommunicatio is thus defined by Panormitan Excommunicatio est nihil aliud quà m censura à Canone vel Iudice ecclesiastico prolata insticta privans legitima communione sacramentorum quandoque hominum And it is diuided in maiorem minorem Minor est per quam quis à Sacramentorum participatione conscientia vel sententia arcetur Maior est quae non solùm à Sacramentorum verùm etiam fidelium communione excludit ab omniactu legitimo separat di vidit Venatorius de sentent excom Excommunicato capiendo is a writ directed to the Shyreeue for the apprehension of him that standeth obstinately excommunicated for fortie dayes for such a one not seeking absolution hath or may haue his contempt certified or signified into the Chauncerie whence issueth this writ for the laying of him vp without baile or mainprise vntill he conforme himselfe See Fitz. nat br fol. 62. anno 5. Eliz cap. 23. and the Regist orig fol. 65. 67. 70. Excōmunicato deliberando is a writ to the vnder shyreeue for the deliuery of an excōmunicate person out of prison vpon certificate from the Ordinary of his conformitie to the iurisdiction ecclesiasticall See Fitzh nat br fol. 63. A. and the Register fol. 65. 67. Excommunicato recipiendo is a writ whereby persons excommunicate being for their obstinacie committed to prison and vnlawfully deliuered thence before they haue giuen caution to obey the authority of the church are commaunded to be sought for and laide vp againe Register orig fo 67. a. Executione facienda is a writ commaunding execution of a iudgement the diuers vses wherof see in the table of the register iudiciall verbo Executione facienda Executione facienda in Withernamium is a writ that lyeth for the taking of his catell that formerly hath conueyed out of the county the catell of another so that the bayliffe hauing authority from the shyreeue to repleuy the cattell so conueighed away could not execute his charge Register originall fol. 82. b. Execution Executio in the common law signifieth the last performance of an act as of a fine or of a iudgement And the execution of a fine is the obtaining of actuall possession of the things contained in the same by vertue thereof which is either by entry into the lands or by writ whereof see West at large parte 2. Symbol titulo Fines sect 136. 137. 138. Executing of iudgements and statutes and such like see in Fitzh nat br in Indice 2. Verbo Execution S. Ed. Coke vol 6. casu Blumfield fo 87. a. maketh two sorts of executions one finall another with a quousque tending to an end An execution finall is that which maketh mony of the defendants goods or extendeth his lands and deliuereth them to the plaintife For this the party accepteth in satisfaction and this is the end of the suite and all that the kings writ commaundeth to be done The other sort with a Quousque is tending to an end and not finall as in the case of capias ad satisfaciendum c. this is not finall but the body of the party is to be taken to the intent and purpose to satisfie the demaundant and his imprisonment is not absolute but vntill the defendant doe satisfie Idem ibidem Executour Executor is he that is appointed by any man in his last will and testament to haue the disposing of all his substance according to the content of the said will This Executor is either particular or vniuersall Particular as if this or that thing onely be committed to his charge Vniuersall if all And this is in the place of him whom the Ciuilians call haeredem and the law accounteth one person with the party whose executor he is as hauing all aduantage of action against all men that he had so likewise being subiect to euery mans action as farre as himselfe was This executor had his beginning in the ciuill lawe by the constitutions of the Emperours who first permitted those that thought good by their wils to bestowe any thing vpon good and godly vses to appoint whome they pleased to see the same performed and if they appointed none then they ordained that the bishop of the place should haue authoritie of course to effect it l. 28. C. de Episcopis clericis And from this in mine opinion time and experience hath wrought out the vse of these vniuersall executors as also brought the administration of their goods that die without will vnto the Bishop Exemplificatione is a writ granted for the exemplification of an originall see the Register original fol. 290. Ex gravi querela is a writ that lieth for him vnto whome any lands or tenements in fee within a city towne or borough being devisable are deuised by will and the heire of the deuisour entreth into them and detaineth them from him Register originall fol. 244. Old nat br fol. 87.
See Fitzh nat br fol. 198. L. Exigendarie of the common banke Exigendarius de banco comuni is otherwise called Exigenter anno 10. H. 6. cap. 4. and is an officer belonging to that court for the which see Exigenter Exigent Exigenda is a writ that lyeth where the defendant in an action personall cannot be found nor any thing within the county whereby to be attached or distrained and is directed to the Shyreeue to proclaime and call fiue county daies one after another charging him to appeare vnder the paine of outlawrie Termes of the law This writ lyeth also in an indictment of felony where the party indicted cannot be found Smith de Rep. Angl. li. 2. ca. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his expearance or forth-comming to answer the lawe for if he come not at the last daies proclamation he is saide to be quinquies exactus and then is outlawed Crompton Iurisd fol. 188. and this M. Manwood also setteth downe for the law of the forest parte i. of his forest lawes pag. 71. See the new booke of Entries verbo Exigent Exigenter Exigendarius anno 18. H. 6. ca. 9. is an officer of the court of common plees of whom there be foure in number They make all Exigents and proclamations in all actions where proces of outlawrie doth lie and writs of supersedeas as well as the protonotaries vpon such exigents as were made in their offices Ex mero motu are words formally vsed in any charter of the Prince whereby he signifieth that he doth that which is cōtained in the charter of his owne will and motion without petition or suggestion made by any other And the effect of these words are to barre al exceptions that might be taken vnto the instrument wherein they be contained by alledging that the Prince in passing that charter was abused by any false suggestion Kitchin fol. 151. Exoneratione sectae is a writ that lyeth for the kings ward to be disburdened of all suite c. to the Countie Hundred Leet or court Baron during the time of his wardship Fitz. nat br fol. 158. Exparte latis is a writ that lyeth for a Bayliffe or Receiuer that hauing Auditours assigned to heare his accompt cannot obtaine of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat br fol. 129. The maner in this case is to take this writ out of the Chauncerie directed to the Shyreeue to take foure mainperuours to bring his bodie before the Barons of the Echequer at a day certaine to warn the Lord to appeare at that time Newe Tearmes of the lawe verb. Accompt Expectant is vsed in the common lawe with this word fee and thus vsed it is opposite to Fee-simple For example lands are giuen to a man and his wife in franke mariage to haue and to hold to them and their heires In this case they haue Fee simple But if it be giuen to them and the heires of their body c. they haue tayle and see expectant Kitchin fol. 153. Mathaeus de afflictis vseth the Adiectiue expectativa substantiuely in the same signification Descis 292. num 2. pag. 412. Explees See Espleese Expeditate expeditare is a word vsuall in the Forest signifiing to cut out the balles of the great dogges feet for the preseruation of the Kings game Euery one that keepeth any great dogges not expeditated forfeiteth to the king 3. shillings 4. pence Crompt iurisd fol. 152. M. Manwood vseth the same word parte prim of his Forest lawes pag. 205. and pag. 212. he setteth downe the manner of expeditating dogges heretofore viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori i. that the three clawes of the sorefoot on the right side shall be cut off by the skinne whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same maner of expeditating of dogges shall be still vsed and kept and none other Quaere whence it groweth that M. Crompton and hee differ the one saying that the ball of the foote it cut out the other that the three foreclawes are pared off by the skinne Expensis militum levandis is a writ directed to the shyrecue for levying the allowance for Knights of the Parlament Register original fol. 191. b. Expensis militum non levandis ab hominibus de antiquo dominico nec à natiuis is a writ whereby to prohibite the Shyreeue from levying any allowance for the Knights of the Shire vpon those that hold in auncient demesn c. Regist orig fol. 261. b. Extend extendere commeth of the French estendre i. dilatare dispandere distendere and signifieth in our common lawe to valew the lands or tenements of one bound by statute c. that hath forfeited his bond to such an indifferent rate as by the yearely rent the obligour may in time be paide his debt The course and circumstances of this see in Fitzh nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a writ ordinarily called a writ of extent whereby the valew of lands c. is commaunded to be made and leavied in divers cases which see in the table of the Register originall Extent extenta hath two significations sometime signifiing a writ or commission to the shyreeue for the valuing of lands or tenements Register iudiciall in the Table of the booke sometime the act of the Shyreeue or other Commissioner vpon this writ Brooke titulo Extent fol. 313. Extinguishment in our common law signifieth an effect of consolidation For example if a man haue due vnto him a yearely rent out of any lands and afterward purchase the same lands now both the property and rent are consolidated or vnited in one possessour and therefore the rent is said to be extinguished In like maner it is where a man hath a lease for yeares and afterwards buyeth the property this is a consolidation of the property and the fruites and is an extinguishment of the lease See the terms of lawe Extirpatione is a writ Iudiciall that lyeth against him who after a verdict found against him for land c. doth maliciously ouerthrow any house vpon it c. and it is two-fold one ante iudicium the other post iudicium Register iudiciall fol. 13. 56. 58. Extortion Extortio signifieth in our common law an vnlawfull or violent wringing of mony or mony worth from any man For example if any officer by terrifiing any the kings subiects in his office take more then his ordinary duties he committeth and is inditeable of extortion To this by M. Wests iudgment may be referred the exaction of vnlawfull vsurie winning by vnlawfull games and in one word all taking of more then is due by colour or pretence of right as excessiue tolle in milners excessiue prices of ale bread victuals wares c. West parte 2. Simbol titulo Indictments sect 65. M
num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of this oath as it is vsed among the feudists you may reade well expressed by Zasius in his Tractate de feudis part 7. num 15. 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie This fealtie is also vsed in other nations as the Lombards and Burgundians Cassanaus de consuet Burgund pag. 419. 420. And indeed the very first creation of this tenure as it grew from the loue of the lord toward his followers so did it bind the tenent to fidelitie 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. Wesenbecius in tract de feudis cap. 15. num 4 seqq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hotoman in his Commentaries De verbis feudalibus sheweth a double fealtie one generall to be performed by euery subiect to his prince the other speciall required only of such as in respect of their fee are tyed by this oath toward their landlords both we may reade of in the grand Customary 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 Vnde tenentur se ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec eius inimicis praebere contra ipsum consilium vel iuvamen 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 Vnde nullus homag ium vel fidelitatem alicuius potest recipere nisi salva Principis fideliiate Quod etiam est in eorum receptione specialiter exprimendum Inter Dominos autem alios homines fides taliter debet obseruari quòd neuter in personam alterius personalem violentiam seu percussionis iniectionem cum violeÌ„tia debet irrogari Si quis eâ—â—m eoruÌ„ ex hoc fuerit accusatus in curia conuictus feudum omne debet amittere c. This fealty speciall is with vs performed either by free men or by villeines The forme of both see anno 14. Ed. 1. stat 2. in these words when a freeman shall doe fealty to his lord he shall hould his right hand vpon a booke and shal say thus Heare you my lord R. that I. P. shal be to you both faithfull and true and shall owe my fealty to you for the land that I hould of you at the terms assigned So help me god and all his saints When a villaine shall doe fealty vnto his lord he shall hould his right hand ouer the booke and shall say thus Heare you my lord A. that I. B. from this day forth vnto you shal be true and faithfull and shall owe you fealty for the land that I hould of you in villenage and shal be iustified by you in body and goods So helpe me god all his Saints See the Register originall fol. 302. a. Fee Feodum aliâs Feudum commeth of the French Fief i. praedium beneficiarium vel res clientelaris and is vsed in our common lawe for all those lands which we hold by perpetuall right as Hotoman well noteth verbo Feodumide verbis fâ—udalibus our auncient lawyers either not obseruing wheÌ„ce the word grew or at the least not sufficieÌ„tly expressing their knowledge what it signified among them from whome they tooke it Feudum whence the word Fief or fee commeth signifieth in the German language beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur Hotoman disput ca. 1. And by this name goe all lands tenements that are held by any acknowledgement of any superioritie to a higher Lord. They that write of this subiect doe diuide all lands and tenements wherein a man hath a perpetuall estate to him and his heires c into Allodium Feudum Allodium is defined to be euerie mans owne land c. which he possesseth meerely in his owne right without acknowledgement of any seruice or paiment of any rent vnto any other and this is a propertie in the highest degree and of some it is called allaudium ab a privatiua particula laudum vel laudatio vt sit praedium cuius nullus author est nisi deus Est enim laudare vel Nouio teste nominare Quod Budaeus docuit ad Modestinum l. Herennius 63. Î . de haere institu Prataeus verbo Allaudium Hotoman in verb. feuda Feudum is that which we hold by the benefite of another and in the name whereof we owe seruice or pay rent or both to a superior lord And all our land here in England the Crowne land which is in the kings owne hands in the right of his crowne excepted is in the nature of Feudum or fee for though many a man hath land by descent from his Auncestors and many another hath dearely boughtland for his money yet is the land of such nature that it cannot come to any either by discent or purchase but with the burtheÌ„ that was laid vpon him who had novel fee or first of all receiued it as a benefite from his Lord to him and to all such to whome it might discend or any way be conueied from him So that if we will reckon with our host as the proverbe is there is no man here that hath directum dominium i. the very propertie or demaine in in any land but the prince in the right of his crowne Camd. Britan pag. 93. for though he that hath fee hath ius perpetuum vtile dominium yet he oweth a dutie for it therefore is it not simply his owne Which thing I take those words that we vse for the expressing of our deepest right 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 demaine as of fee. Seisitus inde in dominico meo vt de feudo and that is as much as if he said it is my demaine or proper land after a sort because it is to me and mine heires forever yet not simply mine because I hold it in the nature of a benefite from another yet the statute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne but it proceedeth from the ignorance of the nature of this word fee for fee cannot be without fealty sworne to a superiour as you may reade partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman
hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto 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 vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt 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 cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemēts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as
craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the coÌ„mon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fledâ—it commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemeÌ„t of the king or some of his courts or lastly vpoÌ„ debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasoÌ„ because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on
the statute for view of Frankpledge made anno 18. Ed. 1 See Deoennier Leete vew of Frankpledge and Freoborghe That this discipline is borowed by vs of the Romane Emperours or rather Lombards appeareth most manifestly in the second booke of Feuds ca. 53. vpon which if you reade Hotoman with those authors that he there recordeth you will thinke your labour well bestowed Reade more of this viz. what articles were wont to be inquired of in this court in Hornes mirrour of Iustices li. 1. ca. de la veneudes francs pleges and what these articles were in auncient times see in Fleta li. 2. ca. 52. Fredwit See Fletwit Free chapell libera Capella by some opinion is a chapell founded within a parish for the seruice of God by the deuotion and liberalitie of some good man ouer and aboue the mother Church vnto the which it was free for the parishioners to com or not to come ēdowed with maintenance by the founder and therevpon called free I haue heard others say and more probably that those only be free chapels that are of the Kings foundation and by him exempted from the Iurisdiction of the Ordinarie but the King may licence a subiect to found such a chapell and by his charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the iurisdiction of the Diocesan appeareth by the Register originall fol. 40. 41. These chapels were all giuen to the King with chaunteries anno 1. Ed. 6. ca. 14. Free chapell of Saint Martin le grand anno 3. Eduardi 4. capite quarto anno 4. Eduard quarti ca. 7. Free hould liberum tenemētum is that land or tenement which a man holdeth in see see taile or at the least for terme of life Bract. li. 2. ca. 9. The newe expounder of the lawe termes saith that free hold is of 2. sorts Freehould in deede and freehold in lawe Freehold in deede is the reall possession of land or tenements in fee fee tayle or for life Freehould in lawe is the right that a man hath to such land or tenements before his entry or seisure I haue heard it likewise extended to those offices which a man holdeth either infee or for terme of life Britton defineth it to this effect Frank tenement is a possession of the soile or seruices issuing out of the soile which a free man holdeth in fee to him and his heires or at the least for tearme of his life though the soile be charged with free services or others ca. 32. Free hold is sometime taken in opposition to villenage Bract. li 4. ca. 37. 38. M. Lamberd in his explication of Saxon words verbo Terra ex scripto saith that land in the Saxons time was called either Bockland that is holden by booke or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the beter sort of tenents as noble men and gentlemen being such as we nowe call free hould the later was commonly in the possession of clownes being that which wee nowe call at the will of the Lord I finde in the Register iudiciall fol. 68. a. and in diuers other places that he which holdeth land vpon an execution of a Statute merchant vntill he be satisfied the debt tenet vt liberum tenementum sibi assignatis suis and fol. 73. b. I reade the same of a tenent per elegit where I thinke the meaning is not that such tenents be free-houlders but as freehoulders for their time that is vntill they haue gathered profits to the value of their debt Freehoulders in the auncient lawes of Scotland were called Milites Skene de verb. signif verb. Milites The D. Student saith that the possession of land after the lawe of England is called franck tenement or free hould fol. 97. a. Frenchman Francigena was wont to be vsed for euerie out-landish man Bracton lib. 3. tract 2. cap. 15. See Englecerie Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta li. 1. ca. 47. Frendles maen was wont to be the Saxon word for him whome we call an outlawe And the reason thereof I take to be because he was vpon his exclusion from the kings peace and protection denied all helpe of freinds after certaine daies Nam forisfecit amicos Bract. li. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli vtlaugh alio nomine antiquitùs solet nominari sc Frendles man sic videtur quod forisfecit amicos vnde st quis talem post vtlagariam expulsionem scienter paverit receptaverit vel scienter cōmunicaverit aliquo modo vel receptauerit veloccultauerit eadem paenâ puniri debet quâ puniretur vtlagatus ita quòd careat omnibus bonis suis vita nisi Rex et parcat de sua gratia 〈◊〉 Fresh disseisin Frisca disseisina commeth of the french Fraiz 1. recens and disseisir i. posessione eiicere It seemeth to signifie in our common law that disseisin that a man may seeke to defeate of himselfe and by his owne power without the helpe of the king or his iudges Britton ca. 5. that is such disseisin as is not aboue 15. daies olde Bract. li. 4. ca. 5. whome you may reade at large of this mater concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a yeare See him also ca. 44. Fresh fine is that which was levied within a yeare past Westm 2. cap. 45. an 13. Ed. 1. Fresh force Frisca fortia is a force done within 40. daies as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any city or borough or deforced from them after the death of his auncester to whome he is heire or after the death of his tenent for life or in taile he may within 40. daies after his title accrued haue a bille out of the chauncerie to the Mayor c. See the rest Fresh suite recens insecutio is such a present and earnest following of an offendour as neuer ceaseth from the time of the offence committed or espied vntill he be apprehended And the effect of this in the pursuite of a felon is that the partie persiewing shall haue his goods restored him agine whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall finde handled at large what suite is to be accounted fresh and what not And the same author in his first booke cap. 27. saith that fresh suite may continue for seuen yeres See Cookes reportes l. 3. Rigewaies case Fresh suite seemeth to be either within the view or without for M. Manwood saith that vpon fresh suite within the view trespassers in the forest may be attached by the efficers persiewing them though without the limits
beast very like the Sable the skinne something courser it liueth in all countries that be not too cold as England Ireland c. and the best be in Ireland Miniuer is nothing but the bellies of Squirels as some men say others say it is a litle vermin like vnto a Wesell milke white and commeth from Muscovie Fitch is that which we otherwise call the Polecat here in England Shankes be the skinne of the shanke or legge of a kind of Kidde which beareth the furre that we call Budge Calaber is a litle beast in bignes about the quantitie of a squirell of colour gray and bred especially in high Germanie G GAbell gabella gablum commeth of the French gabelle i. vectigal and hath the same signification among our old Writers that gabelle hath in Fraunce for M. Camden in his Britannia pag. 213. speaking of Wallingford hath these words Continebat 276. hagas i. domos reddentes novem libras de gablo and pag. 282. of Oxford these Haec vrbs reddebat pro telonio gablo aliis consuetudinibus per annum Regi quidem viginti libras sex sextarios mellis Comiti verò A'garo decem libras Gabella as Cassanaeus defineth it de consuetu Burgund pag. 119. Est vectigal quod solvitur probonis mobilibus id est pro hiis quae vehuntur distinguishing it from Tributum quia Tributum est propriè quod fisco vel Principi solvitur pro rebus immobilibus Gage vadium commeth of the French gager i. dare pignus pignore certare and is it selfe a French word nothing chāged but in pronunciation It signifieth with vs also a pawne o◠pledge Glanvile lib. 10. cap. 6. where he saith thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles and a litle after that thus Invadiatur res quandoque ad terminum quandoque sine termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non And from that chapter to the end of the twelfth in the same booke he handleth this only thing Though the word gage be retained as it is a substantiue yet as it is a verbe the vse hath turned the G. into W. so as it is oftener written wage as to wage deliuerance that is to giue securitie that a thing shall be deliuered For if he that distrained being siewed haue not deliuered the catell that were distrained then he shall not onely avow the distresse but gager deliuerance i. put in suretie that he will deliuer the catell distrained Fitzh nat br fol. 74. D. 67. F. whome see also fol. 67. F. G. yet in some cases he shall not by tyed to make this securitie as if the catell died in pound Kitchin fol. 145. or if he claime a propertie in the catell siewed for Termes of the lawe To wage lawe what it is see in his place verbo Lane See Mortgage Gager deliuerance See Gage Gayle See Gaoll Gainage Wainagium is neere to the French Gaignage i. quaestus lucrum and signifieth in our common lawe the land held by the baser kind of Sokemen or villeines Bract. lib. 1. cap. 9. where he hath these words speaking of seruants Et in hoc legem habent contra dommos quòd stare possunt in iudicio contra eos de vita membris propter saeuitiam dominorum vel propter intolerabilem iniuriam Vt si eos distruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And againe lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictū fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in Westm 1. cap. 6. an 3. Ed. prim is called Gaynure and againe cap. 17. and in magna charta cap. 14. it is called wainage I find it in the old nat br fol. 117. called Gainor viz. in these words The writ of Aile was praecipe c. quòd reddat vnam bovatam terrae vnam bovatam marisci and the writ was abated for that the oxegang is alwaies of a thing that lyeth in gainor I thinke this word was vsed of lands vsually plowed because they that had it in occupation had nothing of it but the profit and fruite raised of it by their owne paines toward their suste nance nor any other title but at the Lords will Gainor again in the same booke fol. 12. is vsed for a Sokeman that hath such land in his occupation In the 32. chapter of the Grand Custumarie of Normandie Gaigneurs be ruricolae qui terras eleemozin at as possident and Britton vseth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoueries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13. Ed. 3. fol. 3. nor de selione terrae Ed. 1. for the vncertaintie because a selion which is a land sometime containeth an acre sometime halfe 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 minera de mercatu 13. E. 3. for they bee not in demesn but in gaine c. Lastly in the statute of Distresses in the Exchequer anno 51. H. 3. I find these words No man of religion nor other shall be distreined by his beasts that gaine the land Galege galicae seemeth to come of the French galloches which signifieth a certaine kinde of shoo worne by the Gaules in soule weather of old times I find it vsed for some such implement anno 4. Ed. 4. cap. 7. anno 14. 15. H. 8. cap. 9. where it is written plainely Galochet Galingal cyperus is a medicinall herbe the nature and diuersitie whereof is expressed in Gerards herball lib. 1. cap. 22. The roote of this is mentioned for a drugge to be garbled anno 1. Iaco. cap. 19. Gallihalpens were a kind of coine forbidden by the statute anno 3. H. 5. cap. 1. Galloches See Galege Gals Gallae be a kind of hard fruite like a nutte but rounder growing of the tree called in latine galla The diuers kinds and vses whereof Gerard expresseth in his Herball lib. 3. cap. 34. This is a drugge to be garbled anno 1. Iaco. cap. 19. Gaol gaola commeth of the French Geole i. caveola a cage for birds but is metaphorically vsed for a prison Thence commeth Geolier whome we call Gayler or Gaoler Garbe garba commeth of the French garbe aliâs gerbe 1. fascis It signifieth with vs a bundle or sheafe of corne Charta de foresta cap. 7. and garba sagittarum is a sheafe of arrowes Skene de verb. signif verbo Garba Garbling of bow-staues anno 1. R. 3.
to the crowne or graunted vnto some great subiect and so remaine still in the nature of a Fraunchise And this hath beene euer sithence the stat anno 14. Ed. 3. stat 1. ca. 9. whereby these Hundred courts formerly fermed out by the Shyreeue to other men were reduced all or the most part to to the countie court and so haue and doe remaine at this present So that where you read now of any hundred courts you must know that they be seuerall fraunchises wherein the Shyreeue hath not to deale by his ordinarie authoritie except they of the Hundred refuse to doe their office See West parte 1. symbol lib. 2. sect 288. See Turn The newe expounder of lawe termes saith that the latine Hundredum is sometime vsed for an immunitie or priviledge whereby a man is quit of mony or customes due to the gouernours or Hundreders Hundreders Hundredarii be men empaneled or fit to be empaneled of a Iurie vpon any controversie dwelling within the Hundred where the land lieth which is in question Cromptons Iurisdict fol. 217. anno 35. Henrici 8. cap. 6. It signifieth also him that hath the Iurisdiction of a hundred and holdeth the hundred court anno 13. Ed. pri ca. 38. anno 9. Ed. 2. stat 2. anno 2. Ed. 3. ca. 4. and sometime is vsed for the Bayliffe of an hundred Hornin his mirrour of Iustices li. 1. ca del office del coroner Hundredlaghe signifieth the Hundred courte from the which all the officers of the Kings forest were freed by the charter of Canutus ca. 9. Manwood parte 1. pag. 2. Huors See Conders Huseans commeth of the French houseaux i. ocrea aboote It is vsed in the Statute anno 4. Ed. 4. ca. 7. Hustings Hustingum may seeme to come from the French Haulser i. tollere attollere suberigere for it signifieth the principall and highest court in London anno 11. H. 7. ca. 21. Fitzh nat br fol. 23. See anno 9. Ed. pri ca. vnico Other Cities and townes also haue had a court of the same name as Winchester Lincolne Yorke and Sheppey and others where the Barons or Citizens haue a record of such things as are determinable before them Fleta libro 2. cap. 55. Husfastene is he that holdeth house and land Bracton lib. 3. tractat 2. ca. 10. His words be these Et in franco plegio esse debet omnis qui terram tenet domum qui dicuntur Husfastene etiam alii qui illis deserviunt qui dicuntur Folgheres c. I A I Arrock anno 1 Rt. 3. ca. 8. is a kinde of cork so called Identitate nominis is a writ that lyeth for him who is vpon a Capias or Exigent taken and committed to prison for another man of the same name whereof see the forme and farder vse in Fitzh nat br fol. 267. see the Register originall fol. 194. Idiot and he that afterward becometh of insane memory differeth in diuers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel ex aminanda is a writ that is directed to the excheatour or the Shyreeue of any county where the king hath vnderstanding that there is an Idiot naturally borne so weake of vnderstanding that he connot gouern or mannage his inheritance to call before him the partysuspected of Idiocie examin him And also to inquire by the oaths of twelue men whether he be sufficiently witted to dispose of his owne lands with discretion or not and to certifie accordingly into the Chauncery For the king hath the protection of his subiects by his prerogatiue the gouernmēt of their lands and substance that are naturally defectiue in their owne discretion statut de praerogatiua Regis editum anno 17. Ed. 2. cap. 8. wherof read Stawnf praerog cap. 9. and of this writ read Fitzh nat br fol. 232. see the register orig fol. 267. Ietzon se Flotzon Ieofaile is cōpoūded of 3. french words I' ay faille i. ego lapsus sum signifieth in our commō lawe an ouer-sight in pleading touching the which you haue a statute anno 32. H. 8. cap. 30. whereby it is enacted that if the Iury haue once passed vpon the issue though afterward there be found a Ieofaile in the pleading yet iudgement shall likewise be giuen according to the verdict of the Iury. See Brooke tit Rrepleder the author of the new tearms of law saith that a Ieofaile is when the parties to any suite haue in pleading proceeded so farre that they haue ioyned issue which shal be tried or is tried by a Iury or inquest and this pleading or issue is so badly pleaded or ioyned that it will be errour if they proceed then some of the said parties may by their councell shew it to the court as well after verdict giuen and before iudgement as before the Iury be charged the shewing of which defects before the Iury charged was often when the Iury came into the court to trie the issue then the councell which will shew it shall say this inquest you ought not to take and if it be after verdict then he may say to Iudgement you ought not to goe and because of this many delayes grew in suites diuers statutes are made to redresse them viz. 32. H. 8. c. 30. others in Q. Elizabethes daies and yet the fault litle amended Ignoramus is a word properly vsed by the grand Enquest empaneled in the inquisition of causes criminall and publique and writen vpon the bill whereby any crime is offered to their cōsideration when as they mislike their euidence as defectiue or to weake to make good the presentment The effect of which word so written is that all farder inquiry vpon that party for that fault is thereby stopped and he deliuered without farder aunswer It hath a resemblance with that custome of the auncient Romans where the Iudges when they absolued a person accused did wright A. vpon a litle table prouided for that purpose i. Absoluimus if they iudged him guilty they writ C. id est Condemnamus if they found the cause difficult and doubtfull they writ N. L. id est Non liquet Asconius Pedianus in oratio pro Milone Alexander ab Alexandro Genial dierum li. 3. ca. 14. Ikenildstreate is one of the four famous wayes that the Romans made in England taking the beginning ab Icenis which were they that inhabited Northf Southf and Cambridg shyre Camd. Britan. fol. 343. See Watlingstreat Imparlance interlocutio vel interloquela is a petition made In court vpon the count of the Demanndant by the tenent or declaration of the plaintife by the defendant whereby he craueth respight or an other day to put in his aunswer See Brooke titulo Continuaence See Dies datus Imparlaunce seemeth to be generall or speciall speciall imparlaunce is with this clause saluis omnibus aduantagiis tam ad iurisdictionem curiae quà m breue narrationem Kitchin fol. 200. Then generall in reason must be that which
Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio 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 Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the
anno 1. Iac. cap. 33. conteineth 12. dozen of hides or skins Latitat is the name of a writ whereby all men in personall actions are called originally to the Kings bench Fitz. nat br fo 78. M. And it hath the name from this because in respect of their beter expedition a man is supposed to lurke and therefore being serued with this writ he must put in securitie for his appearance at the day for latitare est se malitiosè occultare animo fraudandi creditores suos agere volentes l. Fulcinius § Quid sit latitare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quibus ex causis in possessionem eatur But to vnderstand the true original of this writ it is to be knowne that in auncient time whilest the kings bench was moueable and followed the court of the King the custome was when any man was to be siewed to send forth a writ to the Shyreeue of the county where the Court lay for the calling him in and if the Shyreeue returned non est inventus in baliva nostra c. then was there a second writ procured foorth that had these words testatum est eum latitare c. and thereby the Shyreeue willed to attach him in any other place where he might be found Now when the tribunall of the Kings bench came to be setled at Westminster the former course of writ was kept for a long time first sending to the Shyreeue of Midlesex to summon the party and if he could not be found there then next to apprehend him wheresoeuer But this seeming too troublesome for the subiect it was at last deuised to put both these writs into one and so originally to attache the party complained of vpon a supposall or fiction that he was not within the county of Middlesex but lurking else where and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a writ directed to the Shyreeue of the county where he is suspected to be and by this writ a man being brought in is committed to the Marshall of that court in whose custodie when he is then by reason he is in the same countie where the Kings bench is he may be siewed vpon an action in that court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that court I haue bene enformed that the bringing of these actions of trespas so ordinarily to the kings bench was an inuention of Councelers that because onely Sergeants may come to the common plees barre found a meanes to set themselues on worke in that court The forme of this writ is such Iacobus Dei gratia Angliae Francis Scotiae Hiberniae Rex fidei defensor c. Vicecomiti Cantabrigiae salutem Cum Vicecomitinostro Midlesexiae nuper praeceperimus quod caperet Thomam T. Wilielmum W. si inuenti fuissent in balliua sua eos saluo custodiret ita quòd haberet corpora eorum coram nobis apud Westminster die veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito trangressionis cumque vicecomes noster Midlesexiae ad diem illum nobis returnauerit quod praedicti Thomas T. Wilielmus W. non sunt inuenti in balliua sua super quo ex part praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Wilielmus latitant discurrunt in comitatu tuo Idcirco tibipraecipimus quòd capias eos si inveÌ„tifuerint in balliua tua eos salvo custodias it a quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto deplacito praedicto habeas ibi tunc hoc breve Teste Iohanne Pâ—pham apud Westminster Roper Launcegay anno 7. Rich. secundi cap. 13. Law lex cometh of the Saxon lah the generall significatioÌ„ is plaine only this I thought to note that the law of this land hath beene variable For first Dunwallo Mulmutius otherwise Molincius a Brittaine that being Duke of Cornwall reduced the whole land formerly seuered by ciuile wars into the state of a Monarchy made certaine wholsome lawes which long after were called Mulmutius lawes and by Gyldas translated out of the Bryttish tongue into latine Stow in his Annals pag. 16. Of these there remaine yet certaine heads recorded by our historiographers as followeth 1. vt Deorum templa ciuitates hominum consequantur tantam dignitatem ne quis illò confugiens extrahipossit antequà m ab eo quem laeserat veniam impetraverit 2. vt huiusmods privilegium immunitatis habeant etiam ipsae viae quae ducunt ad templa ad vrbes 3. Imo iumenta quoque illa quae res rusticae subueniunt 4. Denique colonorum aratra ipsa tali praerogativa libertatis perfruantur 5. Hoc amplius vt ne quaterra vacaret culturâ neve populus inopia reifrumentariae premeretur aut ea minueretur si pecora sola occuparent agros qui ab hominibus coli dobent 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis per quos ille numerus aratrorum foret diminutus 7. Item vetuit bovem aratorâ—m pro debito pecuniae assignari debitoribus si alia bonae debitoris essent Ita fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid carum rerum quas natura praebet hominibus vsquam deesse posset Rich. Vitus historiarum Britanniae li. 3. nu 1. And of these lawes we finde no obscure remanets in our lawes now in vse See Magna charta ca. 1 câ— 14. See Sanctuary See Peace Then was there a lawe called Merchenlage whereby the Mercians were gouerned being a kingdome in the heart of the land conteining those countries that be nowe called Northampton shire Leycester shire Rutland shire Lincolne shire Nottingham shire and Derby shire Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons vntill at the last they were conquered by the west Saxons and made subiect to them Polydor. in Angl. Hist lib. 5. But whereas the name of these lawes sauoureth of the Saxons time it is reported by others that Martia a very learned Queene and wife to Quintelinus a Britton king was the author of them long before the Saxons set foote in England Rich. Vitus histo Britan. li. 3. nu 14. who also saith that Alphred the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the lawe of the west Saxons called west Saxenlage and the lawe of the Danes when they set foote into the Realme called Denelage And of these lawes Edward made one lawe as some write whereby he ruled his kingdome But M. Camd. vbi supra speaking nothing of
facere Atturnatos generales f. 21. Literae procuratoriae fol. 205. 306. Literae Regia deprecatoriae pro annua pensione fol. 307. All these you may see in their places vnderstand the meaning of them as occasion shall require Liverie Liberatura is drawne from the French â—â—vree i. insigne gestamen Centuriale discrimen nota centurialis turmalis or els from livrer i. tradere and accordingly hath 3. significations In one it is vsed for a suite of cloth or other stuffe that a gentleman giueth in coates cloakes hats or gownes with cognisaunce or without to his seruants or followers anno 1. Rich. 2. cap. 7. anno 20. eiusdem cap. 1. 〈◊〉 anno 7. H. 4. ca. 14. anno 8. Ed. 4. ca. 2. anno 7. eiusdem ca. 14. anno 13. eiusdem ca. 3. a. 8. H. 6. ca. 4. anno 8. Ed. 4. ca. 3. anno 3. H. 7. ca. 1. 12. anno 11. eiusdem ca. 3. anno 19. eiusdem cap. 14. In the other signification it betokeneth a deliuery of possession vnto those tenents which hould of the king in capite or in knights seruice for the king by his prerogatiue hath primier seysini or the first possession of all lands and tenements so houlden of him anno 52. H. 3. cap. 16. an 17. Ed. 2. cap. 3. that is when any such tenent dyeth the king foorthwith entreth and holdeth it vntill the heire do his homage and so pray his land to be deliuered vnto him Which act in the king is called Liuerie and liuerie in this signification is either generall or speciall Stawn praerog fol. 12. cap. 3. Liuerie generall seemeth to be that which is made in general words and therefore may easily be missued Liuerie speciall is that which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie by which pardon the missuing is dispensed with Stawnf pag. 67 cap. Trauers 20. See the Institutes and grounds of the common lawe cap. 30. of generall and speciall liueries Liuerie in the third signification is the writte which lyeth for the heire to obtaine the possession or seisin of his lands at the kings handes which see in Fitz. nat br fol. 155. Liuerie of seisin deliberatio seisinae is a deliuerie of possession of land or tenement or other things corporeall for of things incorporeall no liuerie of seisin may be vnto one that hath right or a probabilitie of right vnto them For as Bracton saith Traditio debet esse vestita non nuda sc quòd traditione praecedat vera causa vel putatiua qua transeat Dominicum lib. 2. cap. 18. num 3. West parte prim symbol li. 2. sect 196. calleth this a ceremonie in the common lawe vsed in the conueyance of lands or tenements c. where you may see the vsuall forme hereof particularly set downe whereunto ioyne the new exposition of law tearmes Lieutenent See Lieftenent Lieutenent of the tower seemeth to haue bene an officer vnder the Constable anno Henr. 4. cap. 15. Locus partitus signifieth a diuision made betweene 2. townes or counties to make triall in whether the land or place in question lieth Fleta lib. 4. cap. 15. num 1. Locall localis signifieth in our common lawe as much as tyed or annexed to a place certaine Example the thing is locall and annexed to the Free-hold Kitchin fol. 180. and againe in the same place An action of trespasse for battery c. is transitorie and not locall that is not needfull that the place of the batterie should bee set downe as materiall in the declaration or if it be set downe that the defendant should trauerse the place set downe by saying he did not commit the batterie in the place mentioned in the declaration and so auoide the action And againe fol. 230. the place is not locall that is not materiall to be set down in certaintie And the gard of the person and of the landes differeth in this because the person being transitorie the lord may haue his rauishment de garde before he be seised of him but not of the land because it is locall Perkins Graunts 30. Lobbe is a great kinde of north sea fish anno 31. Ed. 3. stat 3. cap. 2. Lodemanage is the hire of a Pilot for conducting of a ship from one place to another Loichfish as Lob. Ling. Cod. anno 31. Ed. 3. stat 3. cap. 2. Lode works is one of the works belonging to the Stannaries in Cornwall for the which reade M. Camdens Britan in his title of Cornwal pa. 119. See Streme work Lollards Lollards were in accompt and reputation of those times Heretiks that abounded heere in England in the daies of Edward the third and Henry the fifth anno 2. H. 5. cap. 7. whereof Weekleife was the cheife as Stowe saith in his Annalls pag. 425. who by his report went barefooted and baslely clothed to wit in base russet garments downe to the heeles they preached and especially against Monks and other religious men Of these reade more in him and others that writ of those times The name Lindwood deriueth a lolio quia sicut lolium inficit segetes sic Lollardi multociens inficiunt fideles simplices inter quos conuersantur 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 liuing about the yeare of our redemption 1315. Lord Dominus by M. Camdens opinion is a contract of Lafford which is the Danish word for Dominus It is a word of honour with vs and is vsed diuersly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parlament Sometime to those that be so called by the courtesie of England as all the sonnes of a Duke or the eldest sonne of an Earle Sometime to men honorable by office as lord chiefe Iustice c. and sometime to a meane man that hath fee and so consequently the homage of tenents within his maner For by his tenents he is called Lord and by none other and in some places for distinction sake he is called Landlord It is vsed neuerthelesse by the Writers of the common lawe most vsually in this signification And so is it diuided into lord aboue and lord mesn lord mesn is he that is owner of a maner and by vertue thereof hath tenents holding of him in fee and by copy of court rolle and yet holdeth himselfe ouer of a superiour Lord who is called lord aboue or lord Paramount old nat br fol. 79. Although I thinke none simply to be accounted lord Paramount but the Prince because all hold either mediately or immediatly of him and he of none In this signification I likewise reade Very lord and Very tenent eod fol. 42. Broke titulo Heriot num 1. where I thinke 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 aboue lord mesn and tenent the lord aboue is not very lord to the tenent nor the tenent very tenent to the lord aboue Lord in grosse Fitz. nat br fol. 3. is he that is lord hauing noe maner as the king in respect of his crown idem f. 5. F. See him also fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse viz. a man maketh a gift in tayle of all the land hee hath to hold of him and dyeth his heire hath but a Seignorie in grosse Lorimers anno 1. R. 3. cap. 12. is one of the companies in London tha makeht bits for bridles of horses and such like The name seemeth to be taken from the latine lorum and is else where writen Lorinors Lotherwit aliâs Leyerwit is a libertie or priueledge to take amends of him that defileth your bondwoman without licence Rastall exposition of words It is an amends for lying with abondwoman Saxon in his description of England cap. 11. Some thinke it should be rather writen Legerwit For Leger is the Saxon word for a bedde or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit Lusernes See Furre Lushoborow is a base coine vsed in the daies of King Ed. the 3. coined beyōd Seas to the likenes of English money and brought in to deceiue the King and his subiects To auoide the which it was made treason for any man wittingly to bring in any such an 25. Ed. 3. stat 4. cap. secundo M MAcegriefs aliâs Macegrefs be such as willingly buie and sell stolen slesh Britton cap. 29. fo 71. b. Cromptons Iustice of peace fo 193. a. Magna assisa eligenda is a writ directed to the Shyreeue to summon foure lawful knights before the Iustices of Assise there vpon their oathes to chuse 12. knights of the vicenage c. to passe vpon the great assise betweene A. plaintife and B. defendant c. Register originall fol. 8. a. Magna Charta called in English the great charter is a charter conteining a number of lawes ordained the ninth yeare of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna charta was either for that it conteined the summe of all the writen lawes in England or else that there was another Charter called the Charter of the Forest established with it which in quantitie was the lesser of the two I reade in Holinshed that King Iohn to appease his Barons yelded to lawes or articles of gouernment much like to this great Charter but wee nowe haue noe auncienter writen lawe then this which was thought to be so beneficall to the sublect and a lawe of so great equitie in comparison of those which were formerly in vse that K. Henry the third was thought but hardly to yeld vnto it and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme Holinshed in Henry the third And though this Charter consist not of aboue 37. chapters or lawes yet is it of such extent as all the lawe wee haue is thought in some sort to depend of it Polydorus and Holinshed vbi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbo signif verbo Machanium and signifieth a corporal hurt whereby a man looseth the vse of any member that is or might bee any defence vnto him in batel The Canonists call it membrimatilationem as the eye the hand the foote the scalpe of the head his foretooth or as some say of any finger of his hand Glanuile lib. 14. ca. 7. See Bracton at large lib. 3. tracta 2. cap. 24. nu 3. and Britton cap. 25. and Stawnf pl. cor lib. pri ca. 41. and the newe exposition of law Termes and the Mirrour of Iustices cap. d'homicid The grand Custumarie of Normandie cap. 6. calleth it Mahaignium and defineth it to be enormem laesionem All agree that it is the losse of a member or the vse thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus est pars corporis habens destinatam operationem in corpore where you may reade more of this point But if you will see it largely discussed look Vgolinus de irregularitatibus ca. 4. § 3. 4. 5. also read M. Skene vbi supra Mainour aliâs Manour aliâs Meinoure seemeth to come of the French Manier i. manu tractare attrectare or els of Ameuer i. abducere It signifieth in our common lawe the thing that a theefe taketh away or stealeth as to be taken with the mainor pl. cor fol. 179. is to be taken with the thing stolen about him and againe fol. 194. It was presented that a theefe was deliuered to the Vicount together with the Mainor thirdly fol. 186. If a man be indited that he feloniously stole the goods of another where in truth they bee his owne goods and the goods bee brought into the court as the manour and it be demaunded of him what hee saith to the goods and he disclaime them though he be quitted of the felonie he shall loose the goods and againe fol. 149. if the defendant were taken with the manour and the manour bee caried to the court they in auncient times would arraine him vpon the manour without any appeale or inditement I find this word vsed in the old nat br fol. 110. in this sort where a man maketh a thing by mainour or leuying or estopping in such case he shall haue Assise where it signifieth handie labour and is but an abbreviation of Mainovrey Mainovre see Minouerye Mainprise Manucaptio is compounded of two French words Main i. manus prins i. captus which is a participle of the verbe prendre i. capere excipere captare It signifieth in our common lawe the taking or receiuing a man into friendly custody that otherwise is or might bee committed to the mercie of the prison vpon securitie giuen for his forth comming at a day assigned as to let one to mainprise old nat br fol. 42. is to commit him to them that vndertake his apparence at the time appointed And they that do thus vndertake for any are called Mainpernouns because they do receiue him into their hands pl. cor fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an offence as by law he may be thus bayled For in many cases a man is not mainpernable whereof see Broke titulo Mainprise per totum and Fitz. nat br fol. 249. seqq M. Manwood in the first part of his Forest lawes pag. 167. maketh a great difference betweene Bayle and Mainprise For he that is mainprised quoth he is alwayes said to be at large and to goe at his owne libertie out of ward after the day is set to mainprise vntill the
mesler i. miscere turbare Meere Merus though an Adiectiue yet is it vsed for a substantine signifiing meere tight Owld nat br fol. 2. in these words And knowe yee that this writte hath but two issues that is to say ioyning the mise vpon the meere And that is to put himselfe in the great assise of our Souerainge Lord the King or to ioyne battell See Mise Mesurement See Admesurement Medietas linguae signifieth an enquest empaneled vpon any cause wereof the one halfe consisteth of Denizens the other of straungers It is called in English the halfe tongue and is vsed in plees wherein the one party is a straunger the other a denizen See the statute anno 28. Ed. 3. ca. 13. anno 27. eiusdem statu 2. ca. 8. commonly called the statute of the Staple anno 8. H. 6. ca. 29. anno 2. He. 5. ca. 3. anno 11. He. 7. ca. 21. anno 1. 2. Phi. Mar. ca. 8. And before the first of these statutes was made this was wonte to be obteined of the King by graunt made to any company of straungers as Lombards Almaines c. Stawnf pl. cor lib. 3. ca. 7. Medio acquietando is a writ iudiciall to distraine a lord for the acquiting of a meane Lord from a rent which he formerly acknowledgeth in court not to belong vnto him Register iudiciall fol. 29. b. Melius inquirendo is a writ that lyeth for a second inquiry as what lands and tenements a man dyed seised of where partiall dealing is suspected vpon the writ Diem clausit extremum Fitzh nat br fol. 255. Merchenlage was one of the three sorts of lawes out of which the Conquerour framed lawes vnto vs mingled with those of Normandy Camd. Britan. pag. 94. who also pag. 103. sheweth that in the yeare of our lord 1016. this land was diuided into three parts whereof the west Saxons had one gouerning it by the lawes called West Saxon lawes and that conteined these nine shyres Kent Southsex South rey Barkeshire Hamshire Wilshire Somerset Dorset and Deuonshire the second by the Danes which was gouerned by the lawes called Denelage and that conteined these fifteene shires Yorke Darby Notingham Leycester Lincolne Northampton Bedford Buckingham Hertford Essex Midlesex Northf Southf Cambridge Huntington The third was possessed and gouerned by the Mercians whose lawe was called Merchenlage which were these eight Glocester Worcester Hereford Warwicke Oxenford Chester Salop and Stafford See Lawe Mercy Misericordia signifieth the arbitrement or discretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grieuous mercie of the king anno 11. H. 6. cap. 6. is to be in hazard of a great penaltie See Misericordia Measondue domus Dei commeth of the French maison de dien by which names diuers Hospitals are named You find the word anno 2. 3. Philip. Mar. cap. 23. in fine Mese See Mease Mesn medius seemeth to come from the French mainsnè i. minor natu it signifieth in our common lawe him that is lord of a maner and thereby hath tenents holding of him yet holding himselfe of a superiour Lord. And therefore it seemeth not absurdly to be drawne from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and tenent the tenent holding of the mesn by the same seruices whereby the mesn holdeth of the Lord and the tenent of the mesn is distrained by the superiour lord for that his seruice or rent which is due to the mesn Fitz. nat br fol. 135. See Mesnaltie Mesnaltie medietas commeth of Mesn and signifieth nothing but the right of the mesn as the mesnaltie is extinct old net br fol. 44. if the mesnalty descend of the tenent Kitchin fol. 147. For farder vnderstanding wherof take these words out of the Custumarie of Norm Medietate tenentur feuda quando aliqua persona intervenit inter Dominum tenentes Et hoc modo tenent omnes post nati mediante ante nato Messenger of the Exchequer is an Officer there of which sorte there be foure in that court that be Pursuyvants attending the lord Treasurer to cary his leters and precepts See Pursuyvant Mesuage mesuagium is a dwelling house West part 2. symbol titulo Fines sect 26. But by the name of a mesuage may passe also a Curtilage a garden an orchard a doue house a shoppe a mill as parcell of an house as he himselfe confirmeth out of Bracton lib. 5. cap. 28. sect prim and Plowden fol. 199. 170. 171. and of himselfe he auoucheth the like of a cotage a tost a chamber a celler c. yet may they be demaunded by their single names Mesuagium in Scotland signifieth the principall dwelling place or house within a Barony which in our land is called a maner-house Skene de verb. significat verbo Mesuagium where he citeth Vaientine Leigh that in his booke of Suruey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or court hall thereof to be called the site in Latine called Situs Mile milliare is a quantitie of a thousand paces otherwise described to containe eight furlongs and euery furlong to conteine forty lugs or poles and euery lugger or pole to containe 16. foote and a halfe anno 35. El. cap. 6. Mildernix anno 1. Iacob cap. 24. Mindbruch is hurting of honour and worship Saxon in his description of Engl. cap. 71. Miniuer See Furre Minouery anno 7. R. 2. cap. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie worke in the Forest as an engyn to catch Deere Britton vseth the verbe Meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handy-worke It is not vnlike that our English manure is abbreuiated of the French Mint commeth of the Germane word meunk i. pecunia moneta and it signifieth with vs the place where the kings coyne is formed be it gold or siluer which is at this present and long hath bene the Tower of London though it appeare by diuers stories and other anticuities that in auncient times the mint hath bene also at Câ—leis an 21. R. 2 cap. 16. anno 9 Hen. 5. stat 5. cap. 5. The Officers belonging to the mint haue not bene alwaies alike At this present they seeme to be these The Warden who is the chiefe of the rest and is by his office to receiue the siluer of the Goldsmiths and to pay them for it and to ouersee all the rest belonging to this functioÌ„ His fee is an hundred pounds per annum The master-worker who receiueth the siluer from the Warden causeth it to be melted and deliuereth it to the moniers and taketh it from them againe when it is made His allowance is not any set fee but according
by misprision of Clerks no processe shal be admitted Misprision of treason is the concealement or not disclosing of knowne treason for the which the offendours are to suffer imprisonment during the Kings pleasure loose their goods and the profits of their lands during their liues Crompton in his Iustice of peace cap. Misprision of felony fol. 40. West parte 2. symbol titulo Inditements sect 63. in siue Misprision of felonie seemeth only finable by the Iustices before whome the party is attainted Crompton Iustice of peace vbisupra The Iustices of the common place haue power to assesse fines and amerciaments vpon persons offending for misprisions contempts or negligences for not doing or misdoing any thing in or concerning fines West parte 2. symbol titulo Fines sect 133. Iustices of Assise shall amend the defaults of Clerks misprising of a sillable or leter in writing Cromptons Iurisd fol. 208. But it is to be noted that other faults may be accompted misprisions of treasons or felonie because certaine later statutes doe inflict that punishment vpon them that of old hath beene inflicted vpon misprisions whereof you haue an example anno 14. El. ca. 3. of such as coine foreine coines not current in this Realme and of their procurers aiders and abetters And see the newe exposition of lawe Termes Misprision signifieth also a mistaking anno 14. Ed. 3. stat pri ca. 6. Misses See Mise Misuser is an abuse of libertie or benefite As he shall make fine for his misuser old nat br fol. 149. Mistery mysterium commeth of the latine Mysterium or rather from the French Mestier i. ars artificium an art or occupation Mittendo manuscriptum pedis finis is a writ Iudiciall directed to the Treasurer and Chamberlaines of the Exchequer to search and transmit the foote of a fine acknowledged before Iustices in Eyre into the common plees c. Register fol. 14. a. b. Mittimus signifieth a precept sent by the King out of his Bench to those that haue the custodie of fines levied that they send them by a day assigned to his Bench West parte 2. symbol titulo Eynes sect 138. F. 154. B. and also to the Exchequer for certificate that Iudgment is giuen for the liuerie of lands to such or such a one out of the Kings hands whervpō he is dismissed also out of the exchequer a. 5. R. 2. c. 15. of diuers other vses and applicatiōs of this Mittimus see the Register originall in the table of the booke Moderata misericordia is a writ that lieth for him that is amersed in court Baron or other being not of Record for any transgression or offence beyond the qualitie of a fault It is directed to the Lord of the court or his Bayliffe commanding them to take a moderate amerciament of the party and is founded vpon Magna charta ca. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c. The rest touching this writ see in Fitzh nat br fol. 75. See Misericordia Modo forma are words of art in a processe and namely in the answer of the defendant wherby he denieth himselfe to haue done the thing layde to his charge modo forma declarata Kitch fol. 232. It signifieth as much as that clause in the ciuile lawe Negat allegata prout allegantur esse vera Moitye commeth of the French Moitiè id est coaequa vel mediapars and signifieth the halfe of any thing Litleton fol. 125. Monks clothes anno 20. Hen. 6. cap. 10. Moniers Monetari◠Register original fol. 262. b. anno 1. Ed. 6. ca. 15. be ministers of the Mint which make and coine the Kings mony It appeareth by some antiquity which I haue seen that in auncient times our kings of England had mints in most of the countries of this Realme And in the tractate of the Exchequer writen by Ockham I finde that whereas the Shyreeues 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 libertie to pay in any sort of mony so it were siluer And the reason is there giuen because those two shires monetarios de antiqua institutione non habent Monstrance de droyt is as much to say as shewing of his right It signifieth in our cōmmon lawe a sulte in Chancerie to be restored to lands or tenements that indeede be mine in right though they were by some office found to be in possessiō of another lately dead See Stawnf praerog ca. 21. at large and Brooke titulo Petition of this also reade Sir Edward Cookes reports lib. 4. fol. 54. b. c. the Wardens of the Sadlers case Monstrauerunt is a writ that lieth for tenents that hold freely by charter in auncient Demeane being distreined for the payment of any tolle or imposition contrary to their libertie which they do or should enioy which see in Fitzh nat br fol. 14. Morian is all one in significatiō with the french Morion i. cassis a head peece which word the french man boroweth from the Italian morione anno 4. 5. Phi. Ma. ca. 2. Morlinge aliâs Mortling seemeth to be that wolle which is taken from the skinne of a dead sheep whether dying of the rotte or being killed anno 27. H. 6. ca. 2 This is writen Morki◠anno 3. Iaco. ca. 8. Mort d'auncester See Assise Mortgage Mortuum vadium vel Morgagium is compounded of 2. French words Mort id est mors and Gage id est pignus merces It signifieth in our common lawe a pawne of land or tenement or anything moueable laid or bound for mony borowed peremptorily to be the creditours for euer if the mony be not paide at the day agreed vpon And the creditour holding land or tenement vpon this bargaine is in the meane time called Tenēt in mortgage Of this we reade in the grand Custumarie of Normandie cap. 113. in these wordes Notandum insuper est quod vadiorum quoddam viuum quoddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat vt terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis prouentibus acquir atur Vt terra tradita in vadium pro centum solidis vsque ad tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de eiusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus mortuum vadium dicitur illud cuius fructus vel reditus interim percepti in nullo se acquietant Soe you see by both these bookes that it is called a dead gage because whatsoeuer profit it yeeldeth yet it redeemeth not it selfe by yelding such profit except the whole somme borowed be likewise paid at the day See M. Skene de
verborum signif eodem He that layeth this pawne or gage is called the Mortgager he that taketh it the Mortgagee West par 2. symb titulo Fines sect 145. This if it containe excessiue vsurie is prohibited anno 37. H. 8. c. 9. Mortmaine Manus mortua is compounded of two french words Mort. i. mors and Main i. manus It signifieth in the common lawe an alienation of lands or tenements to any corporation guilde or fraternitie and their successours as Bishops parsons vicars c. which may not be done without licence of the king and the Lord of the maner The reason of the name proceedeth from this as I conceiue it because the seruices and other profits due for such lands as escheates c. comme into a dead hand or into such a hand as holdeth them and is not of power to deliuer them or any thing for them backe againe Magna charta cap. 36. anno 7. Ed. prim commonly called the statute of Mortmaine and anno 18. Ed. 3. statut 3. cap. 3. anno 15. Richard 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles maketh mention of this lawe and giueth this reason of the name Et legem hanc manum mortuam vocarunt quòd res semel datae collegiis sacerdotum non vtique rursus venderentur velut mortuae hoc est vsui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic vt nihil possessionum ordini sacerdotali a quoquam detur nisi Regio permissu But the former statutes be some thing abridged by anno 39. Elizabeth cap. 5. by which the gift of lands c. to Hospitals is permitted without obteining of Mortmaine Hotoman in his commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae vsurpatur de ijs quorum possessio vt 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 vsusfructus 56. D. de vsufr legat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Iudiciis Haec Hotemanus read the rest Amortizatio est in manum mortuam translatio Principis iussu Petrus Belluga in speculo principum fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may reade a learned tractate both of the begicning and nature of this doctrine To the same effect you may read Cassa de consuetu Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive vniuersitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu a contrario sensu because communalties neuer die Mortuary Mortuarium is a gift lest by a man at his death to his parish church for the recompence of his personall tithes and offerings not duly payed in his life time And if a man haue three or more catell of any kind the best being kept for the lord of the fee as a Heriot the second was wont to be giuen to the persō in right of the church cap. statutum De consuetu in provincial Touching this you haue two statutes one anno 13. Ed. pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the court Christian the other anno 21. H. 8 cap. 6. whereby is set downe an order and rate in mony for mortuaries Mulier as it is vsed in the common lawe seemeth to be a word corrupted and vsed for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder brother borne out of matrimony anno H. 6. cap. 11. Smith de repub Anglo lib. 3. cap. 6. But by Glanuile lib. 7 ca. pri the lawfull issue seemeth rather Mulier then Melior because it is begotten è Muliere and not ex Concubmâ for he calleth such issue filios mulierato◠opposing them to bastards And Britton cap. 70. hath frere mulier i. the brother begotten of the wise opposit to frere bastard This seemeth to be vsed in Scotland also for M. Skene de verborum signifi verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawfull wife Quia mulieris appellatione vxor continetur l. Mulieris 13. ibid. glossa de verborum significatine Mulmutius lawes See Lawe Multure molitura vel multura commeth neare the French moulture and signifieth in our common lawe the tolle that the miller taketh for grinding of corne Murage muragium is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles Fitz. nat br fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne for the gathering of money toward walling of the same anno 3. Ed. 1. cap. 30. Murder murdrum is borowed of the French meurtrier i. carnifex homicida or meurtre i. internecio homicidium The new Expositour of the lawe termes draweth it from the Saxon word mordren signifying the same thing It signifieth in our common lawe a wilfull and felonious killing of any other vpon prepensed malice anno 52. H. 3. cap. 25. West part 2. symbol titulo Inditements sect 47. Bracton lib. 3. tract 2. cap. 15 num prim defineth it to be Homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same minde is Britton cap. 6. as also Fleta lib. 1. cap. 30. yet Fleta saith also that it was not murder except it were proued the partie slaine were English and no straunger But as Stawnf saith pl. cor lib. 1. cap. 2. the lawe in this point is altered by the statute anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined When a man vpon prepensed malice killeth another whether secrotly or openly it maketh no mater or be he an English man or a forainer liuing vnder the Kings protection And prepensed malice is here either expresse or implyed expresse when it may be euidently proued that there was formerly some euill will implyed when one killeth another sodainly hauing nothing to defend himselfe as going ouer a style or such like Crompton Iustice of peace in the chapter of Murder fol. 19. b. See M. Skene de verbor signif verbo Murdrum This by the Latine Interpretour of the graund Custumarie of Normandy is called multrum cap. 68. See Were Muster commeth of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plaine Mustred of record anno 18. H. 6. cap. 19. seemeth to be dare nomen or to bee inrolled
praecepturum pro viribus opem impensurum vt ecclesiae dei omni populo Christiano vera pax omni suo tempore observetur Secundò vt rapacitates omnes iniquitates omnibus gradibus interdicat 3. vt in omnibus iudieiis aequitatem praecipiat misericordiam vt indulgeat et suā misericordiā clemens misericors Deus vt per Iustitiā suam firma gaudeant pace vniuersi And in the old abridgement of statutes set out in H. 8. daies I finde it thus described This is the oath that the King shall sweare at his coronation That he shall keepe and maintaine the right and the liberties of the holy church of old time graunted by the righteous Christian Kings of England and that he shall keepe all the lands honours and dignities righteous and free of the Crowne of England in all maner whole without any maner of minishment and the rights of the Crowne hurt decayed or lost to his power shall call againe into the auncient estate and that he shall keepe the peace of the holy church and of the clergy and of the people with good accord and that he shall doe in all his iudgements equitie and right iustice with discretion and mercie and that he shall graunt to hold the lawes customes of the realme and to his power keepe them and affirme them which the folke and people haue made and chosen and the euill lawes and customes wholly to put out and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power and that he shall graunt no charter but where he may doe it by his oath All this I finde in the foresaide Booke titulo Sacramentum Regis and Charter of pardon quinto Oth of the Kings Iustices is that they well and truly shall serue the king and that they shall not assent to things that may turne to his dammage or disinheritance Nor that they shall take no fee nor liuerie of none but the king Nor that they shall take gift nor reward of none that hath adoe before them except it be meate and drinke of smal value as long as the plee is hanging before them nor after for the cause Nor that they shall giue councell to none in mater that may touch the King vpon paine to be at the kings will body and goods And that they shall doe right to euery person notwithstanding the Kings leters c. anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se Otho was a Deacon Cardinall of S. Nichens in carcere Tulliam and Legate for the Pope heere in England anno 22. H. 3. whose constitutions we haue at this day Stowes An. pa. 303. see the first constitution of the said Legat. Othobonus was a Deacon Cardinall of S. Adrian and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons at Kenelworth his constitutions we haue at this day in vse Ouch anno 24. H. 8. ca. 13. Ouster le main Amouere 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 giuen for him that tendeth a trauers or sieweth a Monstrance de droit or petition For when it appeareth vpon the mater discussed that the King hath noe right nor title to the thing he seised then Iudgement shal be giuen in the Chauncery that the kings hands be amoued and thereupon Amoueas manum shal be awarded to the Escheatour which is as much as if the iudgement were giuen that he should haue againe his land v. Stawn praerog ca. 24. See anno 28. Ed. 1. stat 3. ca. 19. It is also taken for the writ graunted vpon this petition Fitzh nat br fol. 256. C. It is written oter le maine anno 25. Hen. 8. ca. 22. Ouster le mer vltra mare commeth of the French oultre i. vltra and le mer. i. mare and it is a cause of excuse or Essoine if a man appeare not in Court vpon Summons See Essoin Outfangthef aliâs vtfangthef is thus defined by Bracton li. 3. tra 2. ca. 34. vtfangthef dicitur latro extraneus veniens aliunde de terra aliena qui captus fuit in terra ipsius quitales habet libertates but see Britton otherwise fol. 91 b It is compounded of three Saxon words out i. extra fang i. capio vel captus and Thef i. fur It is vsed in the common law for a liberty or priuiledge whereby a Lord is inhabled to call any man dwelling within his owne fee and taken for felony in any other place and to iudge him in his owne court Rastals expos of words Owelty of seruices is an equality when the tenent parauaile oweth as much to the mesn as the mesn doth to the Lord paramont Fitzh nat br fol. 136 A. B. Outlawry vtlagaria is the losse or depriuation of the benefit belonging to a subiect that is of the Kings protection and the Realme Bracton li. 3. tract 2. ca. 11. num pri nu 3. Forisfacit vtlagatus omnia quae pacis sunt Quia a tempore quo vtlagatus est caput gerit lupinum ita quòd ab omnibus interfici possit impunè maxime si se defenderit vel fugerit ita quòd difficilis sit eius captio nu 4. Si autem non fugerit nec se defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outeparters anno 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall that ride abroad at their best advantage to fetch in such catell or other things as they could light on without that liberty some are of opinion that those which in the forenamed statute are termed out-patters are at this day called out-putters and are such as set matches for the robbing of any man or house as by discouering which way he rideth or goeth or where the house is weakest fittest to be entred See Intakers Owtryders seeme to be none other but bayliffe errants employed by the Shyreeues or their fermers to ride to the fardest places of their counties or hundreds with the more speede to summon to their county or hundred courts such as they thought good to worke vpon anno 14. Ed. 3. stat 1. ca. 9. Oxgang of Land Bouata terrae Sixe oxgangs of land seeme to be so much as sixe oxen will plough Crompton iurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lyeth in gainour old nat br fol. 117. M. Skene de verbor significat verbo Bovata terrae saith that an oxen-gate of land should alway conteine 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See
Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer bridges anno 39. Eliz. cap. 24. anno 1. H. 8. cap. 9. and see the statute anno 22. H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely 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 vnitie of possessiō which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure 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 halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward 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 breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌ„manding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction 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 lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture 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 neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw 〈…〉 t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour 〈…〉 i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne 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. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â—4 Power of the countie posse c 〈…〉 tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke 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 vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
dare bellum indicere belli indicenci licentiam alii dare pronunciare ita vt a sententia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae maiestatis legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest ius erigendi scholam quae hodie Vniuersitas vel Academia appellatur etiā ius creādi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones siue notarios ius dandi insignia nobilitatis siue nobiles creandi ius cudendae monetae noua vectigalia instituendi vel instituta vectigalia augendi Sixtinus vbi supra So that those other which are mentioned in libris feudorum and the interpreters of them are at the least for the most part iustly called regalia minora as armandiae viae publicae flumina nauigantia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona quae indignis auferuntur bona eorum qui incestum matrimonium contrahunt bona damnatorum proscriptorum angariae parangariae extraordinariae ad expeditionem imperatoris collationes potestas creandorum magistratuum ad iusticiam exequendam argentarie palatia in ciuitatibus constituta piscationum reditus salinarum reditus bona committentium crimen laesae maiestatis thesaurus inuentus By setting downe these regalities of both sorts as they are accoumpted in the Empire and other forein kingdomes they may be the more easily compared with our kings prerogatiues and so the differences noted betweene vs and them And whereas some things are before reckoned both inter regalia maiora minora the reader must vnderstand that this may be in diuers respects For example the power of raising a tribute or of coyning money is inter maiora 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 prerogatiues belonging to the king of this land which doe not bring profit to his cofers immediately and therefore may be accoumpted inter regalia maiora or at the least in a middle or mixt nature or inter maiora minora because by a consequent they tend to the increase of the kings exchequer Of these such as I haue obserued in reading I will set downe as they come to my hands without farder curiosity in diuiding It is the kings prerogatiue that he may not be siewed vpon an ordinary writ as tenent to lands but by petition Plowd casu Walsingham fo 553. to haue a cecessary consent in the appropriation of all benefices Idem casu Grendon fol. 499. to waiue and to demurre and to pleade to the issue or to waiue the issue and to demurre vpon the plee of the aduers part yet not to chaunge the issue another terme after he and the aduers part be once at issue Idem casu Willion fol. 23. 6. a. casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an ayde prier Idem casu Dutchry of Lancaster fol. 221. b. to be neuer in nonage eodem fol. 218. b. that a man indicted may not wage battell with him Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession but must be put to suite Dyer fol. 139. nu 33. to seise the lands of his tenents that alienate without licence Plowd casu Mines fol. 322. a. that no subiect may wage his law against him Broke chosein action 9. Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his worde before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies case fol. 79. a. not to finde pledges for the persecuting of any action For he cannot be amerced Fitzh nat br fo 31. F. fo 47. C. to siew in what court he will Fitzh nat br f. 7. B. 32. E. to siew the writ Ne admittas after sixe monethes Regist orig fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare may not be recouered by the writ de natiuo habendo Fitzh nat br fol. 79. A. to graunt an office with the babendum post mortem alterius Dyer fo 295. nu 1. to shorten the ordinary time of summons being 15. daies in writ of right Brit. ca. 121. to giue what honour or place he listeth to his subiects anno 31. H. 8. ca. 10. to be owner of a forest See Forest to haue free warren See Warren Not to be owted of his free hould Cromptons Iustice of peace fol. 59. b. 16. a. to araigne a man being both a Traitor and a Felon rather vpon the treason than vpon the felony because he may haue the whole escheats Idem eodem fol. 99. a. to warrant the day of appearance to his subiect being in his seruice and summoned to appeare at a day certaine Fitzh nat br fol. 17. a. Diuers of these and many others did belong fisco imperatorum which you may finde in the Digest De iure fisci Co. lib. 10. tit 1. Besides these also many moe may be obserued to belong vnto our King out of lawes which I leaue to their collection that are of longer reading and more painefull industry Prerogatiue of the Archbishop of Canterbury or Yorke prarogatiua Archiepiscopi Cantuariensis seu Eboracensis is an especiall preeminence that these Sees haue in certaine cases aboue ordinary Bishops within their Prouinces And that of the Archbishop of Canterburie principally consisteth of these points First in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches as also the consecration of them Next in a power of visiting his whole Prouince of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiuing appeales from their courtes of assigning coadiutours to those Bishops that grow weake and insufficient to discharge their function of appointing Vicars generall to those that haue either none or an insufficient man employed in that office and of dispensing in all ecclesiasticall cases wherein the lawes beare dispensation of taking oath of euery Bishop at his confirmation to performe canonicall obedience vnto the See of Canterburie But thes seem to belong vnto him by an ordinarie archiepiscopall authority Certaine other things there be that appertaine vnto him more then ordinarily to other Archbishops as the originall calling of any person in any cause belonging to spirituall iurisdiction out of any part of his prouince though not appealed But this point is now limited by the Statute made anno 23. Henr. 8. ca. 9. The receyuing of an appeale from the lowest Iudge ecclesiasticall
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
sale conduct them back againe And therfore in those forests that haue no pouralleeses there be no Rawngers but Foristers serue the turne This Raunger is made and appointed by the King his leters patents vnder the great seale and for his beter incouragement in his dutie he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer and certaine fee Deere both redde and falow His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quà m de malefactoribus in Balliua sua ad refugandum feras Forestae tam veneris quà m chaseae de terris deafforestatis in terras afforestatas and ad praesentandū omnes transgressiones Forestae in terris deafforestatis factas ad proximas curias illius Forestae tentas Rawnsom See Ransom Ray seemeth to be a word attributed to cloth neuer coloured or died v. anno 11. H. 4. cap. 6. Realtie See Royaltie Reasonable ayde Rationabile auxilium is a duty that the Lord of the fee claimeth holding by Knights seruice or in soccage to marie his daughter or to make his sonne Knight Westm 1. cap. 39. See Ayde See Brooke titulo Reasonable aide Reattachement Reattachiamentum is a second attachement of him that was formerly attached and dismissed the court without day as by the not cōming of the Iustices or some such like casualtie Brooke tit Reattachment where he maketh a Reattachment generall and a Reattachment speciall Reattachment general seemeth to be where a man is reattached for his appearance vpon all writs of Assise lying against him Brooke eodem nu 14. Then speciall must be for one or more certaine Register Iudiciall fol. 35. See the newe booke of Entrise verbo Reattachment Rebellion Rebellio is a French word signifiing the taking vp of armes against the King or present estate This French commeth from the Latine Rebellio which signifieth a second resistance of such as being formerly ouercome in battaile by the Romanes yeelded themselues to their subiection The French men and we vse it generally for the traiterous taking vp of armes against the estate be it by naturall subiects or by others formerly subdued Reade more of this lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a lawe anno 25. Ed. 3. cap. 6. anno 31. eiusdem stat 3. c. 2. sometime to a villein disobeying his Lord a. 1. R. 2. c. 6. Rebellious Assembly is a gathering together of 12. persons or more intending or going about practising or putting in vre vnlawfully of their owne authoritie to chaunge any lawes or statutes of this Realme or to destroy the inclosure of any park or ground inclosed or bankes of any fisheponds pale or conduict to the intent the same shall remaine voide or to the intent vnlawfully to haue common or way in any of the said grounds or to destroy the Deere in any Park or any warrē of conies or deuehouses or fish in any pondes or any house barnes mils or bayes or to burne stacks of corne or to abate rents or prices of victuals an pri Mar. c. 12. an 1. Eliza. cap. 17. See West parte 2. symbol titulo Inditem 〈…〉 s. Sectio 65. And Cromptons Iustice of peace f. 41. b. Rebutter commeth of the French Bouter i. pellere impellere propellere intrudere and signifieth in our common lawe the same thing For example a man giueth land to him and the issue of his body to antoher in fee with warranty And the Donnee leaseth out this land to a third for yeares The heire of the Donour impleadeth the tenent alleadging that the land was intailed to him The Donee commeth in and by vertue of the warrantie made by the Donour repelleth the heire because though the land were intailed to him ye◠he is heire to the warranty likewise and this is called a Rebutter See Brooke titulo Barre nu 13. And againe if I graunt to my tenent to hould sine impetitione vasti and afterward I implede him for waste made he may debarre me of this action by shewing my graunt and this is likewise a Rebutter Idem eodem nu 25. See the newe booke of Entries verbo Rebutter Renant anno 32. H. 8. ca. 2. Recaption Recaptio signifieth a second distresse of one formerly distreined for the selfe same cause and also during the plee grounded vpon the former distresse It likewise signifieth a writ lying for the party thus destreined the forme and farder vse whereof you may see in Fitzh nat br fol. 71. and the Register orig fol. 86. and the Register Iudiciall fol. 69. and the new booke of Entries verbo Recaption Receyver Receptor or Receptator generally and indefinitely vsed is as with the Ciuilians so also with vs vsed commonly in the euill part for such as receiue stollen goods from theeues and conceale them l. 1. Π. de receptatoribus but annexed to other words as the receiuer of rents c. it signifieth many times an officer of great accoumpte belonging to the king or other great personage Cromptons Iurisdict fol. 18. There is also an officer called the Reiceiuer of Fynes who receiueth the mony of all such as compound with the King in the office of the finances for the buying of any lands or tenements houlden in Capite West parte 2. symbol titulo Fines sect 106. Receiuer of all offices accounptable anno 1. Ed. 4. ca. 1. Receiuer generall of the Duchy of Lancaster is an officer belonging to the Duchy court that gathereth in all the reuenewes and fines of the lands of the said Duchy and of all forfeitures and assesments or what else is thence to be receiued Receiuer generall of the court of Wards and liueries is an officer belonging to that court that is to receiue all rents revenewes and fines of the lands belonging to his maiesties wards as also the fines for licences to the Kings widowes to mary of ouster le main sued out and for idiots and lunatikes land and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries Receiuer generall of the Muster rolles anno 35. El. ca. 4. Receiuer generall of the Duchie of Lancaster of the wards and liveries anno 39. Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stirre out of his house or cloyster Litleton fol. 92. Recognisance Recognitio commeth of the French Recognoisance i. agnitio recognitio and in our common lawe is thus defined A Recognisance is a bond of record testifing the recognizour to owe vnto the recognizee a certaine summe of money and is knowledged in some court of record or before some Iudge or other officer of such court hauing authoritie to take the same as the Masters of the Chancerie the Iudges of
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement 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 of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium 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 siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund 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 sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this 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 Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
in the reuersion commeth in and prayeth to be receiued to defend the land and to plead with the Demandant Many more you may haue in Brooke titulo Resceite fol. 205. See Perkins Dower 448. â—eceit is also applied to an admittance of plee though the controuersie be but betweene two onely Brooke estoppell in many places Resceyt of homage is a relatiue to doing homage for as the Tenent who oweth homage doth it at his admission to the land so the Lord receiueth it Kitchin fol. 148. See Homage Rescous Rescussus commeth of the French Rescourre se Rescourre du danger i. asserere se ab iniuria It signifieth in our common law a resistance against a lawfull authoritie as for example if a Baylife or other officer vpon a writ doe arrest a man and another one or more by violence doe take him away or procure his escape this act is called a Rescus Cassanaeus in his booke de consuetud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations do vse this word in the same signification that we doe or the very like It is also vsed for a writ which lyeth for this act called in our lawyers latine Breue de rescussu whereof you may see both the forme and vse in Fitzh nat br fol. 101. and the register originall fol 125. See the new booke of Entries verbo rescous This rescous in some cases is treason and in some felony Crompton Iustice fol 54. b. Reseiser reseisire is a taking againe of lands into the Kings hands whereof a generall liuery or ouster le main was formerly missued by any person or persons and not according to forme and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir i. residere and signifieth a mans aboad or continuance in a place Old nat br fo 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custome of speach tyeth that onely to persons ecclesiasticall Reseruation signifieth that rent or seruice which the graunter in any graunt tyeth the grauntee to performe vnto him or them or the Lord Paramonte Perkins reseruations per totum Residence residentia commeth of the Latine residere and is peculiarly vsed both in the Canon and Common lawe for the continuance or abode of a Parson or Vicar vpon his benefice The default whereof except the partie be qualified and dispenced with is the losse of tenne pounds for euery moneth anno 28. Henr. 8. cap. 13. Resignation resignatio is vsed particularly for the giuing vp of a Benefice into the hands of the Ordinarie otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by vse more restreined to the yeelding vp of a spirituall liuing into the hands of the Ordinarie and Surrender to the giuing vp of temporall lands into the handes of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he hath supremam authoritatem Ecclesiasticam as the Pope had in time past Plowden casu Grendon fol. 498. a. Resort is a word vsed properly in a writ of ayle or cousenage as discent is in a writ of right Ingham Respectu computi Vice-comitis habendo is a writ for the respiting of a Shyreeues accompt vpon iust occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 279. Respight 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 respight may be occasioned vpon diuers good reasons but it hath the most frequent vse in such as hold by Knights seruice in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certaine times in the yeare some small summe of money to be respighted vntill the Prince may be at leasure to take it in person Responsions responsiones seeme to be a word vsed properly and especially by the knights of S. Iohn of Ierusaiem for certaine accompts made vnto them by such as occupied their landes or stockes 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 betweene atturn atum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came onely to alledge the cause of the parties absence be he the demandant or tenent and responsalis came for the tenent not onely to excuse his absence but also to signifie what triall he meant to vndergoe viz. the combat or the countrie lib. 6. cap. 11. § Si autem A man in auncient time could not appoint an Atturney for him without warrant from the king Fleta eodem cap. 13. in fine See Atturney This word is vsed in the Canon lawe Et significat procuratorem vel eum qui absentem excusat cap. Cùm olim propter extra de rescript Restitution restitutio is a yeelding vp againe of any thing vnlawfully taken from another It is vsed in the common law most notoriously for the setting him in possession of lands or tenements that hath bene vnlawfully disseised of them which when it is to be done and when not see Cromptons Iustice of peace fol. 144. b. c. vsque 149. Restitutione extracti ab Ecclesia is a writ to restore a man to the Church which he had recouered for his sanctuarie being suspected of felonie Register ori 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 royall assent thereunto for the recouery of the temporalities or Baronie of the said Bishopricke with the appurtenances And it is directed from the King to the Escheatour of the Countie the forme whereof you haue in the Regist origin fol. 294. and in Fitz. 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 partie or such like Brook tit See Resummons fol. 214. See of these foure sorts according to the foure diuers cases in the Table of the Register Iudiciall fol. 1. See also the new booke of Entries verbo Reattachement Resummons Resumption resumptio is particularly vsed for the taking again into the Kings hands such land or tenements as before vpon false suggestion or other error he had deliuered to the heire or graunted by leters
brought in the masse to his Exchange for coyne Seignorie Dominium is borowed of the French seigneury i. ditio dominatus imperium principatus potentatus It signifieth peculiarly with vs a Maner or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the title of him that is not Lord by meanes of any maner but immediatly in his owne person as Tenure in capite whereby one holdeth of the King as of his Crowne is seignorie in grosse because it is held of the king for the time being and not of the King as of any honour maner c. Kitchin fol. 206. See Seignior Seisin seisina is borowed of the French seisine i. possessio and so it signifieth in our common lawe 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 vsed by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Ciuilians Guido Pap. singula 865. Seisire est etiam possessionem tradere Tiraquellus 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 lawe Perkins Dower 369. 370. Seisin in fact is when a corporall possession is taken seisin in lawe is when something is done which the lawe accompteth a seisin as an Inrolment Seisin in lawe 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 houres possession quietly taken hath seisin de droit de claime whereof no man may disscise him by his owne force or subtiltie but must bee driuen to his action § Bref denovel disseisin Sir Edward Cooke lib. 4. calleth it seisin in lawe or seisin actuall fol. 9. a. The Ciuilians call the one ciuilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a writ that lyeth for the deliuery of seisin to the Lord of his land or tenements that formerly was conuicted of felony after the King in the right of his prerogatiue hath had the yeare day and wast Rog. orig fol. 165. a. Selion selio is borowed of the French sellon i. terra elata inter duos sulcos in Latine Porca in english a Ridge or land It signifieth euen so with vs also and is of no certaine quantity but some time conteineth an acre sometime halfe an acre sometime more and sometime lesse West parte 2. symbol titulo Recouery sect 3. Therefore Crompton in his Iurisdictions fol 221. saith that a selion of land cannot be in demaund because it is a thing vncertaine Seneshall senescallus is a French word but borowed from Germany being as Tilius saith compounded of Schal i. servus aut officialis and Gesnid 1. familia we english it a Steward As the high Seneshall or Steward of England pl. cor fol. 152. High Seneshall or Steward and South seneshall or vndersteward Kitchin fol. 83 is vnderstood for a steward or vndersteward of Courts Seneshal de l'hostel de Roy Steward of the Kings houshold Cromptons Iurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshall of England inhibiting them to take cognisance of any action in their court that concerneth either Freehold dept or couenant Register orig fol. 185. a. 191. b. Senie aliâs Sene sena is a leafe of a medicinable herbe that bringeth foorth stalkes of a cubite high purging phlegmaticke cholericke and also melancholicke humors without great violence The farder vse whereof you may reade in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled anno 1. Iacob cap. 19. Septuagesima is a sunday certaine and alwayes the third sabbath before Shrouesunday from the which vntill the Octaues after Easter the solemnizing of mariage is by the Canon lawes forbidden The reason whereof is giuen for that all this time vntill Easter is a time of mourning for the fall of Adam and for the miserie of man thereof insuing And Easter with the Octaues thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest ouer death and sinne And that therefore all carnall affection ought during that space to be wholy mortified in vs See Quinquagesima see Aduent see Rogation weeke Sequatur sub suo periculo is a writ that lyeth where a summons ad warrantizandum is awarded and the Shyreeue 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 controuersie from the possession of both those that contend for it And it is double voluntarie or necessarie Voluntarie is that which is vsed by the consent of each partie Necessarie is that which the Iudge of his authoritie doth whether the parties will or not It is vsed also for the act of the ordinarie disposing of office the goods and chatels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. nu 42. fol. 271. num 26. As also in the gathering of the fruites of a Benefice voide to the vse of the next incumbēt anno 28. H. 8. cap. 11. Fortescue cap. 50. and in diuers other cases Sequestro habendo is a writ iudiciall for the dissoluing of a sequestration made by the Bishop at the Kings commaundement of the fruites of a benefice thereby to compell the Parson to appeare at the suite of another for the Parson vpon his apparence may haue this writ for the release of the sequestration egist Iudicial fol. 36. a. Sergeant seruiens commeth of the French sergeant i. satelles accensus a man of the Guard a kind of souldier so called because he was saepè aecitus ad res necessarias in exercitu peragendas Calepin M. Skene de ver sign verb. Seriant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est includere gent quod pro gente populo vel plebe vsurpatur Itaque Seriandus dicitur qui iussu magistratus quemlibet de populo reum crimin is in carcerem coniicit seu includit This word Sergeant is diuersly vsed in our law and applyed to sundrie offices and callings First a Sergeant at lawe or of the coyfe is the highest degree taken in that profession as a Doctor is in the ciuill lawe And to these as men best learned and best experienced of all others is there one court seuered to plead in by themselues and that is the Court
this word is from the French Asseoir as signifiing a disposing or placing of any thing or as we say in English an assessing of any person toward the performance of a dutie Sexagesima See Septuagesima Shanckes See Furre Shares See Flotzon Shewing is to be quit of attachment in any court and before whom soeuer in plaints shewed and not avowed Newe exposition of law termes verbo Shewing See Scauage Shipper anno 1. Iac. ses 1. ca. 33. is a Dutch word signifying the Master of the ship Shire Comitatus Shira is a Saxon word signifying Satrapian of the verbe scyran 1. partiri Lamb. in his explication of Saxon words verbo Centuria The word is in vse so rife that euery child vnderstandeth it Who first thus diuided this land into shires appeareth by M. Camdens Britan. pa. 102. in these words Nee dum tamen florente Heptarchia Anglia ita in Comitatus diuisa sic enim vulgò vocant sed postea cum solus Aluredus rerum potiretur Vt enim Germani maiores nostri teste Tacito iura per pagos vicosque reddebant centeni ex plebe comites ad rem administrandam adiungebantur sic ille vt Ingulfi Croulandensis verbi vtar primus Angliam in Comitatus diuisit quod indigenae rapinas committerent exemplo colore Danorum Comitatus porrò in Centurias i. Hundreds Decimas i. Tythings distribus fecit praecepitque vt omnis indigena in aliqua esset Centuria Decima Praefectos etiam preuinciarum qui antea Vicedomini vocabantur in duo officia diuisit viz Iudices nunc Iusticiarios Vice-comites qui adhuc idem nomen retinent See the rest Shyreeue Vicecomes is compounded of these saxon words Scyre 〈◊〉 satrapia and Reue i. praefectus and accordingly he is the cheife officer vnder the King of his Shyre or County See Ferme in Lacies nobility pag. 12. M. Camden pag. 104. Thus describeth his office Singulis verò annis nobilis aliquis ex incolis praeficitur quem vicecomitem quasi vicarium comitis nostrâ linguá Shief i. comitatus praepositum vocamus qui etiam comitatus vel prouinciae Quaestor rectè dici potest Eius enim est publicas pecunias prouincia suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Indicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Iudices referunt Iudices enim apud nos iuris solùm non facti sunt Iudices condemnatos ad supplicium ducere in minoribus litibus cognoscere In matoribus autemius 〈◊〉 Iusticiarii quos itiner antes ad 〈◊〉 sas vos ant qui quotannis bos Comitatus bis adeunt vt de causis cognoscant de incarceratis fententiam ferant Henricus secundus hos it inerantes instituit vel poteùs restituit Ille vt inquit Mathaeus Parisiensis consilio filii sui Episcoporum constituit Iusticiar os per sex paries regni in qualibet parte tres qui iurare nt quod cuilibet ius suum conseruarent illaesum Of the antiquitie and authoritie of this officer reade Sir Edward Cookes Reports lib. 4. Mittons case The maner of appointing these Shyreeues in Henry the sixt his dayes see in Fortescue cap. 24. fol. 53. b. The name Vicecomes commeth from the Normans as Shyreeue commeth from the Saxons For in the fifth Chapter of the Grand Custumarie you haue viconte which the Latine Interpreter turneth vicecomitem whose office you shall find in that Chapter to be very like vnto ours The forme of the Shyreeues oath see in the Register origin fol. 301. b. Of this reade M. Skene de verbor signif verbo Shyreeue where he largely describeth the office of the Shyreeue in Scotland in a discourse woorth the reading Shyreeue weke of Winchester and of Essex anno 21. R. 2. cap. 10. 11. Shire Clerke seemeth to bee the Vnder shyreeue anno 11. H. 7. cap. 15. It is vsed sometime for a Clerk in the County court deputie to the Vndershyreeue See Sir Edward Cookes 4. booke of Reports in Mittons case Shire moote see Turne Shorling and Morling seeme to be words to distinguish fels of sheepe as if shorling should signifie the fels after the fleeces be shorne off the sheepes backe and morling the fels fleane off after they be killed or dye alone anno 3. Ed. 4. cap. prim anno 4. eiusdem cap. 3. anno 12. eius cap. 5. anno 14. eiusdem cap. 3. Shot commeth of the Saxon word sceate signifying pecuntam aut vectigal Lamberds explicatiō of saxon words verbo Primitiae Shrof metall Sicut aliâs is a writ sent out in the second place whereas the first sped not Coke libro quart folio 55. b. It is so called of these words expressed in it For example Iacobus dei gratia c. vicecomiti Kan salutem Praeciptmus tibi sicut aliâs praecepimus quod non omittas propter aliquam libertatem in Balliua tua quin eam ingrediaris capias A. B. de C. in comitatu tuo Labourer c. as in the first capias Lamb in his tractat of processes in the end of his Eiranarcha Sidemen aliâs Quest men be those that are yearely chosen according to the custome of euery parish to assist the church wardens in the inquiry and presenting such offenders to the Ordinary as are punishable in the Court Cristian Significauit is the writ de excommunicato capiendo which issueth out of the Chauncery vpon a certificate giuen by an Ordinary of a man that standeth obstinately excommunicate by the space of fourty daies for the laying him vp in prison without bayle or mainprise vntill he submit himselfe to the authority of the church And it is so called because of the word significauit mentioned in the writ De excōmunicato capiendo which haue relation to the certificate sent into the Chauncery by the Ecclesiasticall Iudge There is also another writ in the Register orig of this name fo 7. a. directed to the Iustices of the bench willing them to stay any suite depending betweene such and such by reason of any excommunication alledged against the plaintiffer because the sentence of the Ordinarie that did excommunicate him is appealed from and the appeale yet hangeth vnderided Which see and see Fitz. nut br De excommunicato capiendo fol. 62. N. but especially 66. A. where you may find writs of this name in other cases Sine asseusu capituli is a writ that lyeth in case where a Deane Bishop Prebendarie Abbot Prior or Master of Hospitall alieneth the land held in the right of his house without the consent of the Chapter Couent or Fraternitie For in this case his successor shall haue this writ Fitzh nat br fol. 195. Si non omnes is a writ of association whereby if all in cōmission cannot meete at the day assigned it is permitted that two or more of them may finish the
our statutes spring are offered by any of either house and so either passed or reiected In this signification a statute is either generall or speciall Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speach taken for a bond as statute Marchant or statute staple anno 5. H. 4. cap. 12. The reason of which name is because these bonds are made according to the forme of statuts expressely and particularly prouided for the same which direct both before what persons and in what maner they ought to be made West parte pri symbol li. 2. sect 151. where he defineth a statute Merchant thus A statute Merchant is a bond acknowledged before one of the Clerks of the statutes Merchant and Maior or chiefe Warden of the citie of London or two Merchants of the said citie for that purpose assigned or before the Maior cheife Warden or Master of other Cities or good townes or other sufficient men for that purpose appointed sealed with the seale of the Depter and of the King which is of two peeces the greater is keept by the saide Maior cheife Warden c. and the lesser peece thereof by the saide Clerks The form of which bond you may see in Fleta lib. 2. c. 64. § 2. to be such Noverint vniuersi me N. de tali comitatu teneri N. in 10. marcis soluendis eidem ad festum Pent. anno regni Regis c. nisi fecero concedo quod currant super me haeredes meos districtio poena provisa in statuto domini Regis edito apud Westm Datum London tali die an supra dicta The fee for the same seale is for statutes knowledged in Faires for euery pound an halfepeuy and out of faires a farding The execution vpon statute Merchant is first to take the bodie of the Deptor if he be lay and can be found if otherwise then vpon his lands and goods The bound is founded vpon the statute anno 13. Ed. pri statut 4. Of this also as of the statute Staple see the newe booke of Entries verbo Statut Merchant and reade in Fleta vbi supra more touching this mater worth the reading Satute staple to vse the very words of M. 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 seale the fee is of euery pound if the summe exceed not a 100. poūd an halfepeny if it exceed and 100. poūd of euery pound a farding And by vertue of such statute Staple the Creditor may forthwith haue execution of the body lands goods of the Depter and this is founded vpon the statute anno 27. Ed. 3. cap. 9. A Statute Staple improper is a bond of Record founded vpon the statute anno 23. H. 8. cap 6. of the nature of a proper statute staple as touching the force and execution thereof and knowledged before one of the chiefe Iustices and in their absence before the Maior of the staple and Recorder of London The formes of all these bonds or statutes see in West parte pri simbol li. 2. sect 152. 153. 154. 155. Statutes is also vsed in our vulgar talke for the petit sessions which are yearely kept for the disposing of seruants in seruice by the statute anno 5. Eliz. cap. 4. see Recognisance Statute sessions otherwise called petit sessions are a meeting in euery hundred of all the shires in England where of custome they haue beene vsed vnto the which the constables doe repaire and others both housholders and seruants for the debating of differences between masters and their seruants the rating of seruants wages and the bestowing of such people in seruice as being fit to serue either refuse to seeke or cannot get Masters anno 5. Eliz. cap. 4. Statuto stapulae is a writ that lieth to take his body to prison and to seise vpon his lands and goods that hath forfeited a bond called statut staple Register orig fol. 15◠a. Statutum de laboriis is a writ Iudiciall for the apprehending of such laborers as refuse to worke according to the statut Register Iudicial l. fol. 27. b. Statuto Mercatorio is a writ for the imprisoning of him that hath forfeited a bond called the statut Merchant vntill the dept be satisfied Register orig fol. 146. b. and of these there is one against lay persons vbi supra and another against Ecclesiasticall 148. Stavisaker staphis agria vel herba pedicularis is a medicinable herb the kinde and vertues whereof you haue set forth in Gerards herball lib. 1. cap. 130. The seede of this is mentioned among drugs to be garbled anno prim Iacob cap. 19. Stennerie is vsed for the same that Stannaries be in the statute anno 4. H. 8. cap. 8. see Stannaries Sterling Sterlingum is a proper epitheton for money current within the Realme The name groweth from this that there was a certain pure coyne stamped first of all by the Easterlings here in England Stowes Annalls pag. 312. The which I rather beleeue because in certaine old monuments of our English and broken French I finde it written Esterling so Ro. Hoveden writeth it parte poster annalium fol. 377. b. M. Skene de verborum signif verbo Sterlingus saith thus sterling is a kinde of weight conteining 32. cornes or graines of wheat And in the Canon law mention is made of fiue shillings sterling and of a merke starling cap. 3. de arbitris c. constituit 12. de procurator And the sterling peny is soe called because it waighes so many graines as I haue sundry times proued by experience And by the law of England the peny which is called the sterling round and without clipping wayeth 32. graines of wheat without tailes whereof 20. make an ounce and 12. onnces a pound and eight pound maketh a gallon of wine and eight gallons make a bushell of London which is the eight part of a quarter Hitherto M. Skene Buchanan lib. 6. saith that the common people thinke it so termed of sterling a towne in Scotland Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth was ingrauen in one quarter of the coine so termed cap. Item quia de testamentis verbo Centum solidos in glos Stewes are those places which were permitted in England to women of professed incontinencie for the profer of their bodies to all commers It is deriued from the French Estuves i. thermae vaporarium Balneum because wantons are wont to prepare themselues to these venerous acts by bathing themselues And that this is not newe Homer sheweth in the 8. booke of his Odiss where he reckoneth hot bathes among the effeminate sort of pleasures Of these stewes see the statute anno 11. Henric. 6. cap. pri Steward See Seneschall and Stuward Steward of the
signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce â—tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br 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 freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actioÌ„ opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and
forfeitures as are laid vpon those that pay not their duties or rent for Castle ward at their daies a. 32. H. 8. ca. 48. Bract. hathit in a generall signification lib. 5. tract 3. ca. 1. nu 8. and Fleta lib. 6. ca. 3. in prin Surueiour superuisor is compounded of two French words sur 1. super and veoir 1. ceâ—ert intueri despioere prospicere videre It signifieth in qur common law one that hath the ouerseeing or care of some great personages lands or works As the Surueiour generall of the Kings maners Cromptons Iurisd fo 106. And in this signification it is taken anno 33. H. 8. cap. 39. where there is a court of Surueiours erected And the Surueiour of the Wards and Liueries West parte 2. simbologr titulo Chauncery sect 136. which officer is erected anno 33. H. 8. ca. 22. who is the second officer by his place in the court of wards and Liueries assigned and appointed by the king His office seemeth especially to consist in the true examination of the lands belonging to the Kings wards that the King be not deceiued At the entrance into his office he taketh an oath ministred vnto him by the Maister of that Court which see an 33. H. 8. cap. 39. Surueiour of the Kings exchange anno 9. H. 5. stat 2. ca. 4. was an officer whose name seemeth in these daies to be changed into some other For I cannot learne that there is any such now Suruiuour is compounded of two French words Sur. 1. super and viure 1. aetatem agere viuere whence also commeth the compound Suruiure i. superesse It signifieth in our common law the longer liuer of two ioynt tenents See Brooke titulo Ioynt tenents fol. 33. or of any two ioyned in the right of any thing Suspension Suspensio is vsed for a temporall stop of a mans right and differeth from extinguishment in this that a Right of Estate suspended reuiueth againe but extinguished it dyeth for euer Brooke titulo Extinguishment and Suspension fol. 314. Suspension is also vsed in our common lawe sometimes as it is vsed in the Canon lawe pro minori excommunicatione As anno 24. H. 8. cap. 12. See Excommunication Suspirall seemeth to be a spring of water passing vnder the ground toward a conduit or cesterne anno 35. H. 8. ca. 10. and to be deriued from the Latine suspirare or the French souspirer i. ducere suspiria And indeed the word it self is French for souspiral in that tongue signifieth spiramentum cauernae the mouth of a caue or den or the tunnell of a chimney Swainmot alias Swanimote Swainmotum signifieth a Court touching maters of the Forest kept by the Charter of the Forest thrice in the yeare anno 3 Henr. octau cap. 18. it is called a Swannie-mote what things be inquirable in the fame you may reade in Cromptons Iurisd fol. 180. who saith that this court of Swainemote is as incident to a Forest as the court of Piepowder is to a faire with whome agreeth M. Manwood parte pri of his Forest lawes pag. 144. The word seemeth to be compounded of Swain and mot or Gemot For swaine as M. Manwood saith vbi supra pag. 111 in the Saxons tongue signifieth a Bockland man which at this day is taken for a Charterer or freeholder and Gemot as M. Lamberd saith in his explication of Saxon words verbo Conventus is Conventus wherevpon it is to be noted as he saith in the same place that the Swainemote is a court of free-holders within the Forest Of the which you may reade him at large pag. 110. c. vsque 122. T TAbling of fines is the making of a table for euery countie where his Maiesties writ runneth conteining the contents of euery fine that shall passe in any one terme as the name of the Countie townes and places wherein the lands or tenements mentioned in any fine do lye the name of the plaintiffe and Deforceant and of euery maner named in the fine This is to be done properly by the Chirographer of fines of the common plees who the first day of the next terme after the engressing of any such fine shall fixe euery of the said tables in some open place of the court of Common plees and so euery day of the said terme during the sitting of the said court And the said Chirographer shall deâ—iuer to the Shyreeue of euery Countie his Vndershyreeue or Deputie faire writen in parchment a perfect content of the table so to be made for that shire in the terme that shall be next before the Assises to be holden in the same countie or else in the meane time betweene the terme and the said assises to be set vp the first day and euery day of the next assises in some open place of the Court where the Iustices of Assises then shall sit to continue there so long as they shall sit in the said court If either the Chirographer or Shyreeue faile herein he forfeiteth fiue pounds And the Chirographers fee for euery such table is foure pence anno 23. Elizab. cap. 3. This saith West parte 2. symbol titulo Fines sect 130. Taile Tallium commeth of the French taile i. Sectura or the verb tailler i. scindere signifiing in our common law two seuerall things both grounded vpon one reason Plowden casu Williâ—n fol. 251. a. b. First it is vsed for the fee which is opposite to fee simple by reason that it is so as it were minced or pared that it is not in his free power to be disposed of him which owneth it but is by the first giuer cut or diuided from all other and tyed to the issue of the Donee Cooke lib. 4. in prooemio And this limitation or taile is either generall or speciall Taile generall is that whereby lands or tenements are limited to a man and to the heires of his body begotten And the reason of this terme is because how many soeuer women the tenent houlding by this title shall take to his wiues one after another in lawfull matrimony his issue by them all haue a possibility to inherit one after the other Taile speciall is that whereby lands or tenements be limited vnto a man and his wife and the heires of their two bodies begotten because if the man bury his wife before issue and take another the issue by this second wife cannot inherit the land c. Also if land should be giuen to a man and his wife and to their sonne and heire Iohn for euer this is taile especiall See more of this in see and Litleton lib. pri ca. 2. and the new booke of Entries verbo Taile Taile in the other signification is that which we vulgarly call a Tallie For it is vne taille de bois a clouen peece of wood to nick vp an accoumpt vpon for in the statute anno 10. Ed. pri cap. 11. and anno 27. eiusdem stat pri ca. 2. it is termed a Taile and anno 38. Ed 3. cap. 5. And
so in Brooke his Abridgement titulo Taile d'Exchequer fol. 247. See Tayles Tailes talliae are in these daies called Talleyes well knowne what they be Of these reade in our statutes two sorts to haue bene vsuall in the Exchequer for a long continuance The one is tearmed tayles of debt anno 1. R. 2. cap. 5. which are a kind of acquittance for dept paide in to the king For example the Vniversitie of Cambridge payeth yearely ten pounds for such things as are by their Charter graunted them in fee ferme fiue pounds at the Annunciation and fiue at Michaelmas He that payeth the first fiue pounds receiueth for his discharge a taile or taley and he that payeth the other fiue receiueth the like With both which or notes of them he repayreth to the Clerke of the Pipes office and there in steede of them receiueth an acquittance in parchment for his whole discharge Then be there also mentioned tayles of reward anno 27. H. 8. cap. 11. anno 33. 34. eiusdem ca. 16. and anno 2. 3. Ed. 6. ca. 4. And these seeme to be tailes or talyes of allowances or recompence made to Shyreeues for such maters as to their charge they haue performed in their office or for such monies as they by course haue cast vpon them in their accompts but could not leauie thē where they were due And these as it seemeth by the said statute anno 27. H. 8. cap. 11. were of old graunted in the Exchequer vnto them vpon warrant made to the Treasurer and Chamberlaines there by the Clerkes of the signet vpon bill assigned by the King But sithence the statute anno 2. 3. Ed. 6. cap. 4. what the course in this case is I am not so well informed Only I heare that for some counties these tayles be still in vse and that the warrant commeth now from the Auditour of the receipts vnto those that make these taleys And that the Shyreeue with them proceedeth to those who take his finall accompt and there hath his allowance accordingly Taylage tallagium aliâs Tallage commeth of the French taille which originally signifieth a peece cut out of the whole and metaphorically is vsed for a share of a mans substance payed by way of tribute It signifieth with vs a tolle or taxe as anno pri Ed. 2. cap. vnico And Stowes Annals pag. 445. Thence commeth Tailagiers in Chawcer for taxe or tolle gatherers Taint Attinctus commeth of the French teinct i. infectus tinctus and signifieth either substantiuely a conviction or adiectiuely a person convicted of felonie or treason c. See Attaint Tales is a latine word of knowne signification It is vsed in our common lawe for a supply of men empaneled vpon a iury or enquest and not appearing or at their apparence chalenged by the partie or either partie if there be two as not indifferent for in this case the Iudge vpon petition graunteth a supply to be made by the Shyreeue of some men there present equall in reputation to those that were impaneled And herevpon the very act of supplying is called a Tales de Circumstantibus This supply may be one or more and of as many as shall either make defaulte or els be chalenged by each party Stawf pl. cor lib. 3. ca. 5. How be it he that hath had one Tales either vpon default or challenge though he may haue another yet he may not haue the later to conteine so many as the former for the first Tales must be vnder the principall panell except in a cause of Appeale and so euery Tales lesse then other vntill the number be made vp of men present in courte and such as are without exception to the partie or parties Of this see Stawnford more at large vbi supra where you may finde some exceptions to this generall rule These commonly called Tales may in some sort and in deede are called Meliores viz. when the whole Iurie is chalenged as appeareth by Brooke titulo Octo tales auter tales fol. 105. In whome you may likewise reade many cases touching this mater Tales is the proper name of a booke in the Kings bench office Coke lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood v. anno 34. 35. Henric. octau capit 3. anno 7. Ed. 6. ca. 7. 43. El. cap. 14. Talshide ibidem It is a long kinde of shide riuen out of the tree which shortened is made into billets Tartaron anno 12. Ed. 4. cap. 3. anno 4. H. 8. cap. 6. Tasels anno 4. Ed. 4. cap. 1. is a kinde of hard burre vsed by clothiers and cloth workers in the dressing of cloth Task aliâs Tare by M. Camden following the authoritie of Doctor Powell whome he greatly commendeth for his diligence in the search of antiquities is a Britishe word signifiing tribute Camden Britan. pag. 304. And it seemeth it is such a kinde of tribute as being certainly rated vpon euery towne was wont to be yearely paide See Gild and the places there cited out of M. Camden Now is it not paide but by consent giuen in Parlament as the Subsidie is And it differeth from Subsidie in this that it is alway certaine accordingly as it is set downe in the Chequer booke and levied in generall of euery towne and not particularly of euerie man Lastly it is a fifteenth of that substance that euery town was first rated at by the number of hides of land in the same Wherevpon it is also called a fifteenth v. anno 14. Ed. 3. stat 1. cap. 20. for whereas M. Crompton in his Iurisdictions saith that it is leuied somtime by goods as well as by lands as also appeareth by the statute anno 9. H. 4. ca. 7. I take his meaning there to be that though the task in the whole were at the first by the Prince proportioned by the land Yet the townes men among themselues to make vp that summe are at these daies sometime valued by goods See Fiftenth It seemeth that in auncient times this task was imposed by the king at his pleasure but Edward the first anno 25. of his raigne bound himselfe and his successours from that time forward not to leuie it but by the consent of the Realme anno 25. Ed. pri cap. 5. The word Task may be thought to proceede from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but ouer curiously to contend in these derivatiōs may seeme friuolous cōsidering that many words are common to diuers peoples Telonium or Breue essendi quietum de Telonio is a writ lying for the Citizens of any Citie or Bourgesses of any towne that haue a Charter or prescription to free them from Tolle against the officers of any town or market constraining them to pay Tolle of their Merchandise contrary to their said graunt or prescription Fitzh nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these
Tollendo but I rather thinke it commeth from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vectigalium redemptio vel etiam vectigalium exactio Fleta hath these words of it Tol significat acquietantiam Theolonii vbique in Regno lib. pri cap. 47. M. Skene de verb. signifi verbo Toll saith it is a custome and that it commeth from the Greeke word of the same signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that he who is infeoffed with Toll is custome free and payeth no custome which is manifest by sundry ould bookes wherein it is writen Toll hoc est quod vos homines vestri de toto homagio vestro sint quieti de omnibus mercantus de Tolneto de omnibus rebus emptis venditis Thus farre he Kitchin fol. 104. maketh mention of Tolle through and Toll Trauers his words be to this effect Custom or prescription to haue Toll through in the high way is not good for it is against the common right But to haue prescription of Tolle Trauers is good In which place the difference betweene the one and the other the newe expositour of lawe terms faith to be that tolletrauers is that mony which is taken for passing ouer a priuate mans ground But this author seemeth to differ from Kitchin touching the lawfulnes of tolle through saying that by reason of a bridge prouided at the cost and charge of the towne for the ease of trauellers he thinketh it resonable that tolle through be exacted toward the maintenance thereof which writer also maketh mention of tolle turn and that he defineth to be tolle paide for beastes driuen to be sold though they be not sold indeede Where I think he must meane a tolle paide in the returne homeward from the faire or market whether they were driuen to be sold Plowden casu Willion fo 236. agreeth in this definition of tolle trauers And this the Feudists call parangariam defining it to be sumptus labores ferendi referendiue alicuiâ—s causa a principe impositi cùm non per viam sed aliò versùm iter suscipitur l. 2. Co. de Episc cleri a graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. transitus per viam transversam Gothofred ad l. 4. § 1. Î . de vetera I finde in Andrew Horns mirrour of Iustices lib. 1. cap. des articles c. that by the auncient lawe of this land the buyers of corne or catell in faires or markets ought to pay tolle to the Lord of the market in testimony of their contract there lawfully made in open market for that priuie contracts were held vnlawfull Toloneum or Breve de essends quietum de Toloneo is a writ that lyeth in case where the Citizens of any Citie or Burgesses of any towne be quit from tolle by the graunt of the kings predecessours or prescription which you haue at large in Fitzh nat br fol. 226. See Telonium Tolt Tolta is a writ whereby a cause depending in a court Baron is remoued into the county court Old nat br fol. 2. The reason of the appellation seemeth â—o come from the verb Tollo v Cooke lib. 3. in praefatione ad lectorem Tonne See Tunne Tonnage is a custome or impost due for merchaÌ„dise brought or caried in tonns and such like vessels from or to other nations after a certain rate in euery tonne anno 12. Ed. 4. ca. 3. anno 6. H. 8. ca. 14. anno pri Ed. 6. cap. 13. anno pri Iacobi cap. 33. I haue heard it also called a duty due to the Mariners for vnloading their ship arriued in any hauen after the rate of euery tonne Torny See Turney Totted anno 42. Ed. 3. cap. 9. anno 1. Ed. 6. ca. 15. is a word vsed of a dept which the forein Apposer or other officer in the Exchequer noteth for a good dept to the King by writing this word Tot vnto it Tourn See Turn Tout temps prist vncore est that is to say in English Alway ready and is at this present this is a kinde of plee in way of excuse or defence vnto him that is siewed for withhoulding any dept or duty belonging to the plaintiffe See of this Brooke his Abridgement fol. 258. Traile baston See Iustices of triall baston Traitor traditor proditor See Treason Transgressione is â—writ called commonly a writ or action of trespas Of this Fitzherbert in his Naturabre hath two sorts one Vicountiel so called because it is directed to the Shyreeue and is not returnable but to be determined in the countie The forme whereof differeth from the other because it hath not these words Quare vi amis c. and this see in Fitzh nat br fol. 85. G. The other is termed a writ of trespasse vpon the case which is to be siewed in the common Bank or the Kings Bench in which are alwaies vsed these words vi armis c. And of this you haue Fitzh nat br fol. 92. E. See Trespas See the diuers use of this writ in the Register originall in the table Transcript anno 34. 35. H. 8. cap. 14. is the copy of any originall writen againe or exemplified Transcripto Recognitionis factae coram Iusticiariis itiner antibus c. is a writ for the certifiing of a Recognisance taken before Iustices in Eire into the Chauncery Register orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifiing of the foote of a fine leuied before Iustices in Eyre c. into the Chauncerie eodem fol. 169. Register Iudiciall fol. 14. Travers coÌ„meth of the French Traverser i. transfigere It signifieth in our common lawe sometime to denie sometime to ouerthrow or vndoe a thing done Touching the former signification take these words in Wests symbol parte 2. titulo Chauncery sect 54. An answer saith he speaking of an answer 〈◊〉 a bille in Chauncerie is that which the Defendant pleadeth or saith in barre to avoide the plantiffes bille or action either by confession and avoiding or by denying and traversing the materiall parts thereof And againe sectio 55. A replication is the plaintifles speech or answer to the Defendants answer which must affirme and persiew his bille and confesse and auoide deny or traverse the Defendants answer And the formall words of this trauers are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmatiue Negatiue In the second signification I find it in Stawnfords praerog cap. 20. through the whole chapter speaking of trauersing an office which is nothing else but to proue that an inquisition made of goods or lands by the Eschetour is defectiue and vntruly made So trauersing of an Inditement is to take issue vpon the chiefe mater thereof which is none other to say then to make contradiction or to deny the point of the Enditement As in presentment against A. for a
high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. 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 onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife 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 maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier 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 vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum
sub aliorum testimonio faciet de his rebus This high Officer hath by vertue of his office at this day the nomination of the Escheatours yeerely throughout England and giueth the places of all customers controllers and searchers in all the ports of the Realme He sitteth in the chequer chamber and with the rest of the court ordereth things to the Kings best benefite He with the Barons may by statute stall depts of three hundred pounds and vnder And by commission from his maiestie he with others ioyned with him letteth leases for liues or yeares of the lands that came to the Crowne by the dissolution of Abbeys He by his office giueth warrant to certaine men to haue their wine without impost He taketh declaration of all the money payed into the Receipt of the Exchequer and of all Receiuers accompts Then is there a Treasurer of the kings houshold who is also of the priuie Councell and in the absence of the Steward of the Kings houshold hath power with the Controller and the Steward of the Marshalsea without commission to heare and determine treasons misprisions of treasons murder homicide and bloudshed committed within the Kings pallace Stawnf pl. cor lib. 3. cap. 5. In the statute anno 28. Rich. 2. cap. 18. anno 11. H. 7. cap. 16. mention is made of the Treasurer of Calis In Westm 2. cap. 8. of the Treasurer of the Exchequer anno 27. Ed. 3. stat 2. cap. 18. ann 35. Eliz. cap. 4. Of the Treasurer of the Nauie or Treasurer of the warres or garrisons of the Nauie anno 39. El. cap. 7. Treasurer of the Kings chamber anno 26. H. 8. cap. 3. anno 33 eiusdem cap. 39. Treasurer of the warres anno 7. H. 7. cap. prim anno 3. H. 8. cap. 5. Treasurer of the Chauncerie West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrobe anno 15. Ed. 3. stat prim cap. 3. anno 25. eiusdem stat 5. cap. 21. whose office you haue well set foorth in Fleta lib. 2. cap. 14. Treasurer of the Countie for poore souldiers anno 35. Eliz. cap. 4. And most corporations through the kingdome haue an officer of this name that receiueth their rents and disburseth their common expences Treate commeth of the French traire i. emulgere and signifieth in the common lawe as much as taken out or withdrawne As a Iurour was chalenged for that hee might not dispend 40. pounds and for that cause he was treate by the Statute old na br fol. 159. that is remoued or discharged Breade of treate anno 51. H. 3. Statute of breade c. what it signifieth I cannot learne Trespas Transgressio is a French word signifiing as much as Mors obitus excessiss 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 vsed for any transgression of the lawe vnder treason felonie or misprision of treason or of felonie as may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parlament to depart from the Parlament without the kings licence is neither treason nor felonie but trespasse And againe fol. 31. saying that where it was wont before the statute made anno prim Ed. 2. called Statutum de frangentibus prisonam that the breach of prison was felonie if it were the Kings prison it is sithence but trespasse except the prisoner were committed for felonie But it is most commonly vsed for that wrong or dammage which is done by a priuate man to the King as in his Forest pl. cor lib. 2. cap. 18. or to another priuate man And in this signification it is of two sortes trespasse generall otherwise termed trespasse vi armis and trespasse especiall otherwise called trespasse vpon the case And this seemeth to be without force Termes of the Lawe Action vpon the case as appeareth by Kitchin fol. 176. The former I take to be called generall because it riseth from that generall ground in lawe that whatsoeuer is done by any priuate mans humour vi armis is an offence The later I call especiall because Kitchin calleth the other generall and another reason may be this because it springeth from a particular case or fact not conteined vnder any other generall head And the action lying for this trespasse is otherwise called an action vpon the case as may be gathered out of diuers places vnder the title Trespasse in Brookes his Abridgement How to distinguish the forme of these writs or actions See Fitz. nat br fol. 86. I. 87. H. I. In an action of trespasse this is perpetuall that the plaintiffe sieweth for dammages or the valew of the hurt cone vnto him by the Defendant It seemeth an hard thing to distinguish these two kinds of trespasses so as to be able to say when it is a trespasse vi armis and when vpon the case as may well appeare to him that shall peruse this title in Brooke But this is to be left to the experiēce of graue and skilfull pleaders I find moreouer in Kitchin fol. 188 that there is a trespasse locall and trespasse transitorie trespasse locall is that which is so annexed to a place certaine as if the Defendant ioyne issue vpon the place and trauers the place onely by saying Absque hoc that he did the trespasse in the place mentioned in the declaration and averre it it is enough to defeate the action Trespasse transitorie is that which cannot be defeated by the defendants trauers of the place saying without that I cōmitted the trespasse in the place declared because the place is not materiall Examples of both you haue set downe by Kitchin in the place aboue named to this effect trauers by Absque hoc of trespasse in batterie or goods brought in is transitorie and not locall as it is of trees cut or herbes And therefore in trespasse transitorie the place shall not make issue neither is it trauersable no more then is a trespasse vpon a case of an Assumption Bracton in his fourth booke cap. 34. num 6. diuideth transgressionē in maiorem minorem which place reade See also great diuersitie of trespasses in the new booke of Entries verbo Trespasse Triall triatio is vsed in our common lawe for the examination of all causes ciuill or criminall according to the lawes of our Realme Of this word Stawn pl. cor lib. 2. cap. 26. writeth to this effect There was a statute made prim secund Philip. Mar. cap. 10. to this purpose And be it furder enacted by the authoritie aforesaid that all trials hereafter to be had awarded or made for any treason shal be had and vsed according to the due order and course of the common lawes of this Realme and not otherwise c. By this word triall saith Stawnf in that place some vnderstand
villein yet that there is a two fold tenure called villenage one wherin both the persō the tenure is bound and in all respects at the disposition of the Lord and another which in respect of the tenure is after a sort seruile though the person be not bond This is well proued by Bracton li. 2. ca. 8. nu 3. in these words Item tenementum non mutat statum liberi non magis quam serut Poterit enim liber homo tenere purum villenagium faciendo quicquid ad villanum pertinebit nihilo-minus liber erit cum hoc faciat ratione villenagii non personae suae ideo poterit quando volucrit villenagium deserere liber discedere nisi illaque atus sit per vxorem natiuam ad hoc faciendum ad quam ingressus fuit in villenagium quae praestare poterit impedimentum c. So that a man may hould in pure villenage and yet be a free man in respect of his person But what is pure villenage Bracton aunswereth in the words there next following Purum villenagium est à quo praestatur seruitium incertum indeterminatum vbi scirinon poterit vespere quale seruitium fieri debet mane viz vbi quis facere tenetur quicquid ei praeceptum fuerit The other sort of villenage which is not pure is there called of Bracton villanum soccagium which differeth from the other in this because it is onely tyed to the performrnce of certaine seruices agreed vpon betweene the Lord and the Tenent Whereof see Bracton also in the same place by whom you may perceiue that a man may hould per villanum soccagium and yet haue liberum tenementum if he haue it to himselfe and his heires This villanous soccage is to cary the Lords dung into his feilds to plow his ground at certaine daies sow and reape his corne plash his hedges c. See Soccage Villenous iudgement Villanum iudicium is that which casteth the reproch of villeny and shame vpon him against whom it is giuen as a Conspiratour c. Stawnf pl cor lib. 3. 12. f. 175. This M. Lamb. in his Eirenarcha lib. 1. ca. 13. pag. 63. calleth villenous punishment and saith that it may well be called infamous because the iudgement in such a case shal be like the auncient iudgement in Attaint as it is said anno 4. H. 5. Fitzh Iudgement 220. and is in 27. lib. Assis pl. 59. set downe to be that their oathes shall not be of any credit afterward nor lawfull for them in person to aproch the Kings Courts and that their lands and goods be seised into the Kings hands their trees rooted vp and their bodies imprisoned c. And at this day the punishmēt apointed for periury hauing somwhat more in it then corporall or pecuniary paine stretching to the discrediting of the testimony of the offender from euer after may be partaker of this name Thus farre M. Lamberd Virgata terrae Register orig fol. 167. a. See yard land Viridario eligendo is a writ that lyeth for the choice of a verdour in the forest Register orig fol. 177. Visitation of maners Visitatio morum was wont to be the name of the Regarders office in auncient time Manwood parte pri of his forest lawes pag. 195. See Regarder Visne Vicinetum signifieth a neihgbour place or a place neere at hand anno 16. R. 2. ca. 6. Vtsu Franciplegū is a writ to exempt him from comming to the view of Frankpledge that is not within the Hundred resident For men are bound vnto this view by reason of their habitation and not of lands held where they dwell not Register orig fol. 175. Vitteller victualarius commeth of the French victuailes i. commeatus and signifieth with vs him that selleth victuals For these there is a writ in Fitz. nat br fol. 172. if they exercise their trade bearing a magistracie in any towne corporate Vmple anno 3. Edvard 4. cap. 5. Vncore prist is a plee for the Defendant being siewed for a debt due at a day past to saue the forfeiture of his bond saying that he tendered the dept at the time and place and that there was none to receiue it and that he is now also readie to pay the same 7. Ed. 6. 83. Dyer See Vnquest prist Vncuth is a Saxon word signifying as much as incognitus It is vsed in the auncient Saxon lawes 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 himselfe But if he laid there the third night then he was called guest hospes and thē must the host answer for him as for one of his owne familie And if he taried any longer then was he called Agen hine that is to say familiaris Whom if he offend against the Kings peace his hoste was to see foorth-comming or if he could not bring him out within a moneth and a day he must satisfie for his offence Lamberd Archaiono fol. 133. num 7. Of this Bracton lib. 3. cap. 10. num 2. writeth thus Item secundum antiquam consuetudinem dici paterit de familia alicuius qui hospitatus fuerit cum alio per tres noctes quia primâ nocte poterit dici Vncuth secunda verò Gust tertiâ nocte Hoghenhine c. This law was made for the better preseruation of the Kings peace and to shew in what pledge euery man was to be accompted that trauelled by the way See Tuainnithes gest Vnde nihil habet is a writ See Dote vnde nihil habet Vnder-chamberlaine of the Exchequer is an Officer there that cleaueth the taileys written by the Clerke of the Taileys and readeth the same that the Clerke of the Pel and the controllers thereof may see their entrie be true He also maketh searches for all Roords in the Treasurie There be two Officers there of this name Vnderescheateur Subescheatour anno 5. Ed. 3. cap. 4. See Escheatour Vndershyreeue Subvicecomes See Shyreeue Vndersitter is an Inmate See Inmate Vndertakers be such as are employed by Pourueyours of the King as their deputies anno 2. 3. Phil. Mar. cap. 6. and such as vndertake any great worke as drying of Fennes c. anno 43. Eliz. cap. 11. Vnder-treasurer of England viccthesaurarius Angliae anno 39. El. cap. 7. anno 43. eiusdem Subsidie of the Clergie This Officer as some Exchequer men thinke was first created in the time of king H. the seuenth to chest vp the Kings Treasure at the end of euery Terme and to note the content of money in each chest and to see it caried to the Kings Treasurie in the Tower for the ease of the Lord Treasurer as being a thing too meane for him to be troubled with and yet meete to be performed by a man of great secrecie and trust He in the vacancie of the Lord Treasurers office doth all things
from A. to C. Warranty collaterall is that wherevnto he is called by the tenent vpon the couenant of him from whome the land could not descend to the party called For example B. the sonne pourchaseth tenements in fee whereof A. his father disseiseth him and selleth them to C. with a clause of warranty A being deade C. is impleaded for the tenements and calleth B. to warranty This warranty wherevnto B. is caled is collaterall by cause the tenements if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase Many other exaÌ„ples there be of this in Litleton And this very case he maketh his example of warranty by disseisin as also of warranty collaterall which plainly argueth that warranty by disseisin and warranty collaterall are not distinct members of warranty but may be confounded though one warranty may cary both names in diuers respects For there is some warranty collaterall that beginneth not by disseisin For example A. tenent in taile alienateth to B. in fee and dieth leauing issue C. Afterward D. brother to A. and vncle to C. releaseth to B. with warranty and dying leaueth C. his heire being next of blood vnto him This warranty is collaterall because it descendeth vpon C. from his vncle D. and yet it beginneth not by desseisin of his said vncle Warranty hath a double effect one to debarre him vpoÌ„ whome it discendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the tenent if by him he be vouched thereunto or els to giue him as much other land by exchange But as the former of these effects taketh place with all heires except those to whome the land warranted was intailed and that reape no equiualent benefit by the first warranter anno 6. Ed. pri ca. 3. soe the latter preiudiceth none that receiueth not sufficient land from the first warranter to make it good Bracton lib. 5. tractat 4. ca. 8. nu pri cap. 13. nu 2. In the custumaric of Norm ca. 5. you haue vouchement degarant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the wartanter into the court to make good his sale or gift Warantiadiei is a writ lying in case where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed is in the meane time by commaundement imployed in the Kings seruice so that he cannot come at the day assigned This writ is directed to the Iustices to this end that they neither take nor record him in defaulte for that day Register originall fol. 18. Of this you may read more in Fitzh nat br fol. 17. and see Glanuile lib. pri ca. 8. Warantia chartae is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or writ of Entrie wherein he cannot vouche or call to warranty for in this case his remedy is to take out this writ against the seoffour or his heire Register orig fol. 157. Fitzh nat br fol. 134 Of this you may likewise reade Fleta lib. 6. ca. 35. and West parte 2. simb titulo Fines sect 156. Warrantia custodia is a writ Iudiciall that lyeth for him that is challenged to be ward vnto another in respect of land said to be houlden in Knights seruice which when it was bought by the auncesters of the ward was warranted to be free from such thraldome And it lieth against the warranter and his heires Register Iudiciall fol. 36. Warrant of Atturney See Leter of Atturney and Waranty Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra vel alibi Flet a lib. 1. cap. 47. Warren Warrenna aliâs varrenna commeth of the French Garrenne 1. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum diâ—ntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attica cap. 20. A warren as we vse it is a prescription or graunte from the king to a man of hauing fesants partridges connies and hares within certaine of his lands Cromptons Iurisdict fol. 148. where he saith that none can haue warren but onely the King no more then Forest or chase Because it is a speciall priuiledge belonging to the King alone And a little after he hath words to this effect The king may graunt warren to me in mine owne lands for fesants and partridges onely And by this graunt no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the 〈◊〉 of the 〈◊〉 as to eate corne and pille the barke of apple trees M. Manwood in his first part of Forest lawes saith thus of it A warren is a fraunchise or priuiledged place of pleasure onely for those beasts and foules that are beasts and foules of warren tantùm campestres non syluestres viz. For such beasts and foules as are altogether belonging to the feilds and not vnto the woods and for none other beasts or foules There are but two beasts of warren that is to say Hares and Connies and there are also but two foules of warren viz. Fesants and partridges And none other wild beasts or birds haue any firme peace priuiledge or protection within the warren If any person be found to be an offender in any such free warren he is to be punished for the same by the course of the common law and by the statute auno 21. Ed. 3. called the statute de male factoribus in parcis chaceis c. For the most parte there are not officers in a warren but the master of the game or the keeper A free warren is some time in closed and also the same some time doth lie open for there is no necessity of inclosing the same as there is of a park for if a park be suffered to lie open it ought to be seised into the kings 〈…〉 Manwood Warscot is the contribution that was wont to be made towards armour in the Saxons time In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest lawes num 9. you haue these wordes Sint omnes tam primarii quà m mediocres minuti immunes liberi quietiab omnibus prouincialibus summonitionibus popularibus placitis quae Hundred laghe Angli dicunt ab omnibus armorum oncribus quod Warscot Angli dicunt forinsecis querelis VVarwit aliâs VVardwit is to be quite of giuing money for keeping of watches New exposition of lawe termes VVaste vastum commeth of the French gaster i. populari It signifieth diuersly in our common lawe first a spoile made either in houses woods gardens orchards c. by the tenent for terme of life or for terme of anothers life
and sould by weight into a kinde of bundle after it is clensed in such maner as it ought to be by statute And to auoide such deceit as the owners were wont to vse by thrusting locks of refuse wooll and such other drosse to gaine weight they are sworne to performe that office truly betweene the owner and the merchant See the statute anno 8. H. 6. cap. 22. anno 23. H. 8. ca. 17. anno 18. Eliza. ca. 25. Would See Weald Wranglands seeme to be misgrowne trees that will neuer prooue timber Kitchin fol. 169. b. Wormseede semen santonicum is medicinal seede browght forth of that plant which in Latine is called Sementina in English holy wormwood whereof you may read in Gerards Herball li. 2. ca. 435. This is a drugge to be garbled anno 1. Iacob cap. 19. Wreck wreccum vel wrectum maris is the losse of a shippe and the goods therein conteined by tempest or other mischaunce at the sea The Ciuilians call it Naufragium This wreck being made the goods that were in the shippe being brought to land by the waues belong to the king by his prerogatiue And therevpon in many bookes of our common lawe the very goods so brought to land are called wreck And wreck is defined to be those goods which are so brought to land Sir Ed. Coke vol. 6. relatio f. 106. a. the statute anno 17. Ed. 2. ca. 11. in these words Item Rex habebit wreccum maris per totum Regnum ballenas sturgiones captas in mari vel alibi infra Regnum exceptis quibusdam locis privilegiatis per Regem Whereby it appeareth that the King hath them or such as haue by graunt this libertie or priuiledge of him And that this statute doth but affirme the auncient lawe of the land it appeareth by Bracton lib. 2. cap. 5. num 7. hiis verbis Suntetiam alia res quae pertinent ad coronā propter privilegium Regis it a communem non recipiunt libertatem quin dari possint ad alium transferi Quia si transferantur translatio nulli erit damnosa nisi ipsi Regi fiue principi Et si huiusmods res alicui concessae fuerint sicut wreccum maris c. The reason of this he toucheth shortly in his first booke cap. 12. num 10. where he reckoneth these goods iure naturali to be in bonis nullius quia non apparet Dominus eorum sed iure Gentium fieri principis And see him also lib. 2. cap. 24. num 1. 2. It is worth the asking to know what is a wreck and what not in this stricter signification And the author of the termes of lawe saith that if any person of the shippe come to land it is not a wreck or the wreck is not such that the king ought to haue the goods with whome agreeth S. Ed. Coke vol. 6. f. 107. a. No if either Dogge or Catte escape aliue to the land the goods are the owners still so he come within a yeare and day to claime them And for this the statute is plaine Westm pri ca. 4. anno 3. Edw. pri which doctrine Fitzh in his nat br fol. 112. 〈◊〉 extendeth thus farre that if any of the goods be cast vpon the drie land by any in the shippe it is no wreck subiect to the prerogatiue for by this some of the shippe are presumed to come to land and still to haue a custodie of the goods Cooke vbi supra This in the Grand Custumarie of Normandie cap. 17. is called varech and latined veriseum where it appeareth that the like lawe to ours was in Normandie almost in all points But some sorts of their pretious Merchandise doe by their lawe appertaine to the Duke by his prerogatiue though a iust challenge of the goods be made within the yeare and day The Emperours 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 poore sea mens miseries in this case For he quietum clamavit wreck suis subditis Rog. Hoveden parte poster suorum annal fol. 386. Of this M. Skene de verb. signif speaketh to this effect wreck signifieth a power liberty and prerogatiue appertaining to the King or to any person to whome the same is graunted by him by feofment or any other disposition to take vp and gaine such goods as are ship broken or fall to him by escheate of the sea Writ breue is that with our common lawyers in Sir Tho. Smiths iudgement lib. 2. de Repub Anglorum cap. 9. which the Civilians call Actionem siue formulam But I am rather of his iudgement that hath added the marginall note vnto him saying that Actio is the parties whole suite and that Breue is the kings precept whereby any thing is comaunded to be done touching the suite 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 diuersly diuided in diuers respects Some in respect of their order or maner of graunting are termed originall and some Iudiciall Originall writs be those that are sent out for the summoning of the Defendant in a personall or Tenent in a reall action or other like purpose before the suite beginneth or to begin the suite thereby Those be iudiciall that be sent out by order of the court where the cause dependeth vpon occasion growing after suite begunne old nat br fol. 51. And Iudiciall is thus by one signe knowne from the Originall because the Teste beareth the name of the chiefe Iustice of that Court whence it commeth where the Orig. beareth in the Teste the name of the Prince Then according to the nature of the action they be personall or reall and reall be either touching the possession called writs of Entrie or the property called writs of right Fitzh nat br sparsim per totum Some writs be at the suite of a party some of office old nat br fol. 147. Some ordinary some of priuiledge A writ of priuiledge is that which a priuiledged person bringeth to the court for his exemption by reason of some priuiledge See Pro cedendo See the new booke of Entrise verbo priviledge See Briefe Writ of rebellion See Commission of rebellion Writer of the talies Scriptor talliarum is an officer in the Exchequer being clerk to the auditour of the receipt who writeth vpon the talies the whole letters of the tellers billes Y YArd land Virgataterrae is a quantitie of land called by this name of the Saxon Gyrdlander but not so certaine a quantity as that it is all one in all places For in some country it conteineth 20. acres in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words verbo virgata terrae This yard land Bracton calleth virgatam terrae lib. 2. cap. 20. 27. but he expresseth no certainty what it conteineth
deliberandas quandoque ad vnicam vel duas non plures And by this meanes the Iustices of both benches being iustly to be accounted the fittest of all others and others their assistants as also the Sergeants at law may be imployed in these affaires who as grauest in yeares so are they ripest in iudgement and therefore likest to be voide of prociality for being called to this dignity they giue ouer practise anno 8. R. 2. cap. 3. but this alway to be remembred that neither Iustice of either bench nor any other may be Iustice of Assise in his owne country anno 8. Rich. 2. cap. 2. anno 33. H. 8. cap. 24. lastly note that in these daies though the selfe same men dispatch busines of so diuers natures and all at one time which were wont to be performed by diuers and at seuerall times yet they doe it by seuerall commissions Cromptons Iurisdictions fo 210. For those who be in one word called Iustices of circuit and twice euery yeare passe by two and two through all Englād haue one cōmission to take Assises another to deliuer Goales another of oyer and terminer That Iustices of Assise and Iustices in Eyre did aunciently differ it appeareth an 27. Ed. 3. cap. 5. and that Iustices of Assise Iustices of goale deliuery were diuerse it is euident by anno 4. Fd. 3. cap. 3. The oath taken by Iustices of assise is all one with the oath taken by the Iustices of the kings bench Ould abridgement of statutes titulo Sacramentum Iusticiariorum See Oath Iustices of oyer and terminer Iusticiarii ad audiendum terminandum were Iustices deputed vpon some especiall or extraordinary occasion to heare and determine some or more causes Fitzherberd in his natura beruium saith that the commission d' oyer and terminer is directed to certaine persons vpon any great assembly insurrection hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely wayed it is prouided by the statute anno 2. Ed. 3. cap. 2. that no such commission ought to be graunted but that they shal be dispatcheo before the Iustices of the one bench or other or Iustices errāts except for horrible trespasses that by the especial fauour of the King The forme of this cōmission see in Fitzh natura breu fol. 110. Iustices in Eyre Iusticiarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis iteneribus prouerbially spoken the vse of these in auncient time was to send them with commission into divers counties to heate such causes especially as were termed the plees of the crowne and therefore I must imagine they were so sent abroad for the ease of the subiects who must els haue beene hurried to the kings bench if the cause were too high for the countie court They differed from the Iustices of oyer and terminer because they as is aboue said were sent vpon some one or fewe speciall cases and to one place whereas the Iustices in Eyre were sent through the prouinces and counties of the land with more Indefinite and generall commission as appeareth by Bracton lib. 3. cap. 11. 12. 13. and Britton cap. 2. And againe they seeme to differ in this because the Iustices of oyer and terminer as it is before said were sent vncertainly vpon any vproare or other occasion in the country but these in Eyre as M. Gwin setteth downe in the preface to his reading were sent but euery seuen yeare once with whome Horn in his myrrour of Iustices seemeth to agree lib. 2. cap. queux poient estre actours c. and lib. 2. c. des peches criminels c. al suyte de Roy c. and lib. 3. c. de Iustices in Eyre where he also declareth what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fo 313. b. hath of them these wordes Iusticiarij itinerantes constituti per Henricum secundum i. qui diuisit regnum suumin sex partes per quarum singulas tres Iusticiarios itinerantes constituit quorum nomina haec sunt c. Iustices of Gaol deliuery Iusticiarii ad Gaolas deliberandas are such as are sent with commission to heare and determine all causes apperteining to such as for any offence are cast into the Gaol part of whose authoritie is to punish such as let to mainprise those prisoners that by lawe be not bayleable by the statute de finibus cap. 3. Fitzh nat br f. 251. I. These by likelyhoode in auncient time were sent to countries vpon this seuerall occasion But afterward Iustices of Assise were likewise authorised to this anno 4. Ed. 3. cap. 3. Their oath is all one with other of the kings Iustices of either bench Ould Abridgement of statutes titulo Sacramentum Iusticiariorum See Othe Iustices of labourers were Iustices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or haue vnreasonable wages See anno 21. Eduardi 3. cap. primo anno 25. eiusd cap. 8. anno 31. eiusdem cap. 6. Iustices of Nisi prius are all one now a daies with Iustices of Assises for it is a common Adiournment of a cause in the common plees to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas and vpon this clause of Adiournment they are called Iustices of Nisi prius as well as Iustices of Assises by reason of the writ or action that they haue to deale in their commission you may see in Cromptons Iurisdsctious fol. 204. yet M. Crompton maketh this difference betweene them because Iustices of Assise haue power to giue iudgement in a cause but Iustices of Nisi prius only to take the verdict But in the nature of both there functions this seemeth to be the greatest difference because Iustices of Nisi prius haue to deale in causes personall as well as reall wheras Iustices of Assise in strict acception deale only with the possessory writs called Assises Iustices of trial bastō alias of trayl baston were a kind of Iustices appointed by King Edward the first vpon occasion of great disorder growne in the Realme during his absence in the Scottishe and French warres they are called in the ould nat bre f. 52. Iustices of triall Baston but by Holynshed and Stow in Edw. pri of Traile baston of trailing or drawing the staffe as Holinshed saith Their office was to make inquisition through the Realme by the verdict of substantiall Iuries vpon all officers as Mayors Shyreeues Bailifes escheatours others touching extortion briberies and other such greeuances as intrusions into other mens lands and Barratours that vsed to take mony for beating of men and also of them whom they did beate by meanes of which inquisitions many were punished by death many by ransome and so the rest flying the
purchased many of them and againe that many for capitall offences haue forfeited them to the king and that thereby they still remaine in the crowne or are bestowed againe vpon others so that at these daies many be in the hands of mean men such as by their skill in lawe or phisicke by merchaundize grazing or such other good husbandry haue gathered welth and inabled themselues to purchase them of those that by discent receiued thē from their ancestors in greater aboundance then wit to keepe them But who so euer possesseth these maners the liberty belonging vnto them is reall and prediall and therefore remaineth still though the owners be changed In these daies a maner rather signifieth the Iurisdiction and royalty incorporeal then the land or site For a man may haue a maner in grosse as the law termeth it that is the right and interest of a court Baron with the perquisites thereunto belonging and another or others haue euery foote of the land thereunto belonging Kitchin fol. 4. Brooke hoc titulo per totum Bracton lab 4. ca. 31. nu 2. diuideth manerium in capitale non capitale See Bracton lib. 5. tracta 5. ca. 28. nu pri See Fee The new expositor of law terms saith that Manour is a thing compounded of diuers things as of a house land earable pasture meadow wood rent advouzen court Baron and such like And this ought to be by long continuance of time to the contrary whereof mans memory cannot discerne c. Mansion Mansio as Eracton defineth it lib. 5. cap. 28. nu pri is a dwelling consisting of one or more houses without any neighbour And yet he graunteth forthwith that Mansio Mansioni possit esse vicinata I finde it most commonly vsed for the lords cheife dwelling house within his fee whether it haue neighbours adioyning or not otherwise called the capitall mesuage Bracton li. 2. c. 26. or the cheife maner place Mansio amongst the auncient Romans was a place appointed for the lodging of the Prince or souldiers in their iourney furnished with conuenient entertainement by the neighbours adioyning And in this sence we reade primam mansionem for the first nights lodging and so in order It is probable that this word Mansion doth in some construction signifie so much land as Beda calleth familiam in his ecclesiasticall history For Master Lambert in his explica of Saxon words ver Hida terrae saith that that which he calleth familiam others sithence call Manentem vel Mansam Mansus and Mansum I reade of in the Feudists which as Hotoman saith in verbis feudalibus est neque domus neque area neque hortus sed ager certi modi ac mensurae And againe in Commentarus feudorum lib. p. tit 4. vers de Manso Agri deserti inculti certa mensura dabantur cultoribus quasi in emphyteusin vt culti meliorati feudi iure a vasallis possiderentur In contractu autem vasalls nonnunquam incrementum i. meliorationem omnem sibi recipiebant siue per culturam siue per inaedificationem ea melioratio fieret c. And Cassanaeus de consuet Burg. pag. 1195. defineth it thus Mansus est quantum qu is cum vno pari boum laborare possit prouing it out of Bartolus in li. si ita 〈◊〉 de auro argen legato in fine legis Reade M. Skene de verbo sign verbo Mansus I reade the latine word Mansia in the same signification as namely in the charter graunted by King Kanulphus to Ruchin the abbot of Abingdon which Sir Edward Cooke setteth downe in his booke de iure Regis ecclesiastico Manslaughter Homicidium is the vnlawfull killing of a man without prepensed malice as when two that formerly meant no harme one to the other meet togither and vpon some sodaine occasion falling out the one killeth the other West par 2. symb titulo Inditements sect 44. It differeth from murder because it is not done with foregoing malice from chauncemedly because it hath a presēt intēt to kill And this is felony but admitteth clergie for the first time Stawnf pl. cor lib. 1. cap. 9. and Britton ca. 9. It is confounded with murder in the statute anno 28. Ed. 3. ca. 11. Mantyle Mantile commeth of the French Manteau and signifieth with vs a long roabe anno 24. Hen. 8. cap. 13. Manucaptio is a writ that lyeth for a man who taken for supition of felony and offering sufficient Bayle for his appearance cannot be admitted thereunto by the Shyreeue or other hauing power to let to mainprise Fitzh nat br fol. 249. See Mainprise How diuersly it is vsed see the Register originall in the table Manuel Manualis is a thing whereof present profit may be made Stawnf praerogat fol. 54. And a thing not manuell is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission Manumissio is a freeing of a villein or slaue out of his bondage The forme of this in the time of the Conquerour M. Lamb. in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth downe in these words Si quis velit seruum suum liberum facere tradat eum vice-comiti per manum dexteram in pleno comitatu quietum illum clamare debet à iugo seruitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were wont to be manumitted by charter of manumission vide Brooke titulo Villenage fol. 305. The newe expositour of lawe Termes maketh two kinds of manumission one expressed an another implied Manumissiō expressed is when the Lord maketh a deede to his villein to infranchise him by this worde Manumittere The maner of manumitting in old time was thus The Lord in presēce of his neighbours tooke the bondman by the head saying I will that this man be free and therewith shoued him forward out of his hands Manumission implied is when the Lord maketh an obligation for paiment of mony to him at a certaine day or sieweth him where he might enter without suite or granteth him an annuitie or leaseth land vnto him by deede for yeeres or for life and such like Manutenentia is the writ vsed in case of maintenance Register originall fol. 182. 189. See Maintenance Marches Marchia be the bounds and limits betweene vs and Wales or betweene vs and Scotland anno 24. Henry 8. cap. 9. Camd. pag. 453. 606. and the marches of Scotlād are deuided into west and midle marches anno 4. H. 5. ca. 7. anno 22. Ed. 4. cap. 8. It seemeth to bee borowed from the German March i. limes Camd. Britan. pag. 27. or it may be from the French Marque i. signum being the notorious distinction of two diuers countries or territories It is vsed in the statute anno 24. Hen. 8. ca. 12. generally for the precincts of the Kings dominions Marchers be the noble men