Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
in the second the Cart-wheel Cart and Horses and in the third the Tree is to be given to God that is to be sold and distributed to the Poor by the Kings Almoner for expiation of this dreadful event though effected by unreasonable yea sensless and dead creatures Stamf. Pl. Cor. lib. 1. cap. 2. Bracton lib. 3. tract 2. cap. 5. Omnia quae movent ad Mortem sunt Deodanda Fleta says This Deodand is to be sold and the price distributed to the Poor for the Soul of the King his Ancestors and all faithful people departed this life Lib. 1. cap. 25. De Submersis Which Law seems to bear an imitation of that in Exodus cap. 21. Si cornu perierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac Dominus ejus crit innocens This word is mentioned in the Stat. De Officio Coronatoris Anno 4 Edw. 1. See 3 Part. Inst fol. 57. Deoneranda pro rata portionis Is a Writ that lies where one is distrained for a Rent that ought to be paid by others proportionably with him For example a Man holds ten Oxgangs of Land by Fealty and ten shillings Rent of the King and aliens one Oxgang thereof to one and another to another in Fee Afterward the Sheriff or other Officer distrains onely one of them for the Rent he that is so distrained may have this Writ for his relief Fitz. Nat. Br. fol. 234. Departer or Departure Is a word properly applied to him who first pleading one thing in Bar of an Action and being replied unto does in his Rejoynder wave that and shew another matter contrary or not pursuing his first Plea Plowden in Reneger and Fagossa fol. 7 8. Or it may be applied to a Plaintiff who in his Replication shews new matter from his Declaration As in Crokes 2 Part Bagshaws Case fol. 147. The Defendant hereupon demurred because it was a departure from the Declaration So if a Man plead a General Agreement in Bar and in his Rejoynder alleage a special one this shall be adjudged a Departure in Pleading Departure in despight of the Court Is when the Tenant or Detendant appears to the Action brought against him and hath a day over in the same Term or is called after though he had no day given him so it be in the same Term if he do not appear but make default it is a Departure in despight of the Court and therefore he shall be condemned which departure is always of the part of the Tenant or Defendant and the Entry of it is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit defaltum fecit Coke lib. 8. fol. 62. Departers of Gold and Silver See Finors Depopulation Depopulatio A wasting pilling or destruction a desolation or unpeopling of any place Cokes 12 Rep. fol. 30. Depopulatores agrorum It appears by the Stat. 4 Hen. 4. cap. 2. that they were great offenders by the ancient Law and that the Appeal or Indictment of them ought not to be General but in Special manner They are called Depopulatores Agrorum for that by prostrating or decaying the Houses or Habitation of the Kings people they depopulate that is dispeople the Towns 3 Part. Inst fol. 204. Deposition Depositio Is the Testimony of a Witness otherwise called a Deponent put down in writing by way of answer to Interrogatories exhibited to that purpose in the Court of Chancery And when such witness is examined in open Court he is said to be examined Viva voce Deposition is also used for death as in Provin Angl. lib. 2. tit De feriis Ordinamus quod Festum Depositionis Sancti Johannis de Beverlaco 7 die Mail. Per Provinciam nostram antedictam perpetuit temporibus colebretur Deprivation Deprivatio A depriving bereaving or taking away With the loss or deprivation of all the Spiritual Promotions whereof c. Anno 2 3 Edw. 6. cap. 20. Deprivation of Bishops and Deans Anno 39 Eliz. cap. 8. De quibus sur Disseisin Is a Writ of Entry See Fitz. Nat. Br. fol. 191. Deraign or Dereyn Disrationare vel dirationare Signifies generally to prove as Dirationabit jus suum haeres propinquior Glanvil lib. 2. cap. 6. And Dirationabit terram illam in Curia mea He proved that Land to be his own Idem lib. 2. cap. 20. Bracton uses it in the same sence Habeo sufficientem disratiocinationem probationem lib. 4. tract 6. cap. 16. And so he useth disrationare lib. 4. cap. 22. And to Dereyn the Warranty Old Nat. Br. fol. 146. To Deraign that right 3 Edw. 1. cap. 40. And Westm 2. cap. 5. Anno 13 Edw. 1. cap. 5. When the Parson of any Church is disturbed to demand Tythes in the next Parish by a Writ of Indicavit the Patron shall have a Writ to demand the Advowson of the Tythes being in demand and when it is Deraigned then shall the Plea pass in the Court Christian as far forth as it is Deraigned in the Kings Court. In some places the Substantive Dereinment is used in the very literal signification with the French Disrayer or desranger that is turning out of course displacing or setting out of order as Deraignment or departure out of Religion Anno 31 Hen. 8. cap. 6. and 5 6 Edw. 6. cap. 13. And Dereinment or discharge of their profession 33 Hen. 8. cap. 29. Which is spoken of those Religious Men who forsook their Orders and Professions So Kitchin fol. 152. The Leasee enters into Religion and afterwards is dereigned And Britton cap. 21. hath these words Semounse desrenable for a Summons that may be challenged as defective or not lawfully made Of this you may read something more in Skene verbo Disrationare where in one signification he confounds it with our waging and making of Law See Lex Deraisnia Descent See Discent De son tort demesn Fr. Are words of Form used in an Action of Trespass by way of Reply to the Defendants Plea For example A. sues B. in such an Action B. answers for himself that he did that which A. calls a trespass by the command of C. his Master A. saith again that B. did it de son tort demesne sans ceo que C. luy command modo forma That is B. did it of his own wrong without that that C. commanded him in such form c. Detinet See Debito and Debet and Solet Detinue detinendo Is a Writ that lies against him who having Goods or Chattels deliver'd him to keep refuses to re-deliver them See Fitz. Nat. Br. fo 138. To this is answerable in some sort actio depositi in the Civil Law And he takes his Action of Detinue who intends to recover the thing deteined and not the Damages sustained by the Detinue Kitchin fol. 176. See the New Book of Entries verbo Detinue Devastaverunt bona Testatoris Is a Writ lying against Executors for
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
a long time first sending to the Sheriff of Middlesex to Summon the Party and if he could not be found there then to apprehend him wheresoever But afterwards by the contrivance of Clerks and upon a pretence of Expedition of Justice it was at last devised to put both these Writs into one and so to attach the party complained of upon a Supposal or Fiction that he was not within the County of Middlesex but lurking elswhere and that therefore he was to be apprehended in any place else where he was presumed to lie hid by a Writ directed to the Sheriff of the County where he is suspected to be Launcegays Anno 7 Rich. 2. cap. 13. A kinde of offensive Weapons now disused and prohibited by the said Statute Law Lex From the Saxon Lag or Laugh The Law of England is divided into Three Parts The Common Law which is the most Ancient and General Law of the Realm Statutes or Acts of Parliament and thirdly Particular Customs I say particular for if it be the General Custom of the Realm it is part of the Common Law Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta prohibens contraria And the Divine Schoolman says Lex humana est quoddam dictamen rationis quo diriguntur humani actus See Merchenlage Law hath also a special signification wherein it is taken for that which is lawful with us and not elswhere As Tenant by the curtesie of England Anno 13. Edw. 1. cap. 3. To Wage Law Vadiare Legem and to make or do Law Facere Legem Bracton lib. 3. tract 2. cap. 37. When an Action of Debt is brought against one upon some secret Agreement or Contract as in an Action of Detinue for Goods Money or Chattels lent or left with the Defendant the Defendant may wage his Law if he will that is swear and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in Manner and Form as he hath declared which is intended by Law to be onely in case of the Plaintiffs want of Evidence and when he cannot prove his Surmise by any Deed or open Act. When one wages his Law he shall bring with him so many of his Neighbors as the Court shall assign Sir Edward Coke says Eleven to swear with him That they think in their Consciences he hath sworn truly who in the Civil Law are called Compurgators The offer to make the Oath is called Wager of Law and when it is accomplished it is called The making or doing of Law See Glanvil lib. 1. cap. 9. 12. Anciently Laga was used as Latin for Law Lagam Regis Edwardi vobis reddo c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2. 31 Hen. 6. cap. 6. Coke on Littl. fol. 155. 295. who says it is called Wager of Law because in old time the party did ingage with surety to make his Law by such a day Legem vadiare est cautionem dare de perimplendo Legis exigentiam in re litigata ut de praestando Sacramento ad indictam diem cum indicto consacramentalium seu conjuratorum numero Spelman And was a Custom anciently used among the Egyptians as Boemus in his Book De moribus Gentium informeth us Lawyer Legista Legisperitus Jurisperitus Our Saxons called him Lahman Law of Merchants Lex Mercatoria Is become a part of the Laws of this Realm for if there be two Joynt-Merchants of Wares and Merchandise and one of them dies his Executor shall have the moyety which is not so in the case of others not Merchants Coke on Littl. fol. 182. Anno 13 Edw. 1. stat 3. 27 Edw. 3. cap. 8. Law Spiritual Lex Spiritualis Is the Ecclesiastical Law allowed by the Laws of this Realm which is not against the Common Law whereof the Kings Prerogative is a principal part nor against the Statutes and Customs of the Realm And regularly according to such Ecclesiastical Laws the Ordinary and other Ecclesiastical Judges do proceed in Causes within their Cognizance Coke on Littl. fol. 344. Law of the Staple 27 Edw. 3. stat 2. cap. 22. Is the same with Law-Merchant See 4 Inst fol. 237 238. And Staple Law of Marque Anno 27 Edw. 3. stat 2. cap. 17. From the German word March i. Limes a Bound or Limit because they that are driven to make use of this Law do take the Shipping or Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can take them within their own Bounds or Precincts See Reprisals Law-day Is otherwise called View of Frank-pledge or Court Leet Anno 1 Edw. 4. cap. 2. it is used for the County Court. Et quod terrae eorum imperpetuum quietae sint de sectis Comit atuum Hundredorum nostrorum de visu Franci plegii Lawdayorum de Turno auxilio Vicecomitum c. Carta 39 Hen. 3. m. 5. Lawing of Dogs Mastiffs must be lawed every three years Cromp. Jur. fol. 163. that is Three Claws of the Fore-foot shall be cut off by the Skin Char. Forestae cap. 6. or the Ball of the Forefoot cut out See Expeditate and Pèllota Lawless Court On Kingshil at Rochford in Essex on Wednesday morning next after Michaelmas day at Cockscrowing Is held a Court vulgarly called The Lawless Court They whisper and have no Candle nor any Pen and Ink but a Coal and he that ows Sute or Service and appears not forfeits double his rent every hour he is missing This Court belongs to the Honor of Raleigh and to the Earl of Warwick and is called Lawless because held at an unlawful or lawless hour or Quia dicta sine lege The Title of it in the Court Rolls runs thus Kingshil in Rochford ss CUria de Domino Rege Dicta sine Lege Tenta est ibidem Per ejusdem consuetudinem Ante ortum solis Luceat nisi polus Senescallus solus Nil scribit nisi culis Toties voluerit Gallus ut cantaverit Per cujus soli sonitus Curia est summonita Clamat clam pro Rege In Curia sine Lege Et nisi citò venerint Citiùs paenituerint Et nisi clam accedant Curia non attendat Qui venerit cum lumine Errat in regimine Et dum sunt sine lumine Capti sunt in crimine Curia sine cura Jurati de injuria Tenta ibidem die Mercurii ante Diem proximi post Festum Sancti Michaelis Arch angeli Anno regni Regis c. This Court is mentioned in Cam. Britan though imperfectly who says this servile attendance was imposed on the Tenants for conspiring at the like unseasonable time to raise a Commotion fol. 441. Lawless-Man Sax. Laugheles-Man exlex Is otherwise called an Outlaw Pro exlege tenebitur cum Principi non obediat nec legi tunc utlagabitur sicut ille qui est extra legem sicut Laugheles-man Bract. lib. 3. Corona
Brit. pa. 94. sheweth that in the Year 1016 this Land was divided into three parts whereof the West-Saxons had one governing it by the Lawes called West-Saxon Lawes which contained these nine Shires Kent Southsex Southrey Berks Hampshire Wilts Somerset Dorset and Devon The second by the Danes which was Govern'd by the Laws called Denelage or Danelage and that contained these fifteen Shires York Darby Nottingham Leicester Lincoln Northampton Bedford Bucks Hartford Essex Middlesex Northfolk Suffolk Cambridge and Huntington The third was Governed by the Mercians whose Law was called Merchenlage comprehending these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford Out of which three William the Conqueror chose the best and to them adding such of the Norman Laws as he thought good he ordained Laws for this Kingdom some of which we have to this day and are called the Common Laws Mercimoniatus Angliae Was anciently used for the Custom or Impost of England Mercy Misericordia Signifies the Arbitrement or Discretion of the King Lord or Judge in punishing any offence not directly censured by the Law As to be in the grievous mercy of the King Anno 11 Hen. 6. ca. 2. is to be in hazard of a great Fine or Penalty See Misericordia Mertlage Seems to be a corruption of or a Law French word for Martyrologe Vide 9 Hen. 7. fo 14. b. Mese from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Medium of Heâ—â—ings is 500 the half of a thousand Mesne or Measn Medius Fr. Maisne Signifies him that is Lord of a Mannor and has Tenants holding of him yet holds himself of a superior Lord and therefore it seems to be properly derived from the Fr. Maisne i. Minor natu because his Tenure is derived from another from whom he holds Mesn also signifies a Writ which lies where there is Lord Mesn and Tenant the Tenant holding of the Mesn by the same services whereby the Mesn holdeth of the Lord and the Tenant of the Mesn is distrained by the superior Lord for that his Service or Rent which is due to the Mesn Fitz. Nat. Br. fo 135. See 13 Edw. 1. ca. 9. Mesnalty Medictas Fr. Maisnete i. Youngership Signifies the right or condition of the Mesn as the Mesnalty is extinct Old Nat. Br. fo 44. and Kitchin fo 147. Medietate tenentur feuda quando aliqua persona intervenerit inter Dominum tenentes Et hoc modo tenent omnes postnati mediante ante nato Custumary of Normandy Messarius A Mower or Harvester Fleta lib. 2. ca. 75. Messenger of the Exchequer Is an Officer of which sort there are four in that Court who are Pursuivants attending the Lord Treasurer to carry his Letters and Precepts See Pursuivant Message Messuagium A dwelling House Honestius est habitaculum cum aliquo fundi adjacentis in ejusdem usum deputati But by that name may also pass a Curtilage a Garden an Orchard a Dovehouse a Shop a Mill a Cottage a Toft as parcel of a Messuage Bracten lib. 5. ca. 28. Plowden fo 199. 170. yet they may be demanded by their single names Messuagium in Scotland signifies according to Skene the principal House or dwelling place within a Mannor which we call the Mannor-house and some the Scite A Praecipe lies not de Domo but de Messuagio Coke on Litt. ca. 8. Mestilo onis Mesline Muncorne Wheat and Rie mingled together nonam garbam frumenti mestilonis siliginis omnis generis bladi Pat. 1 Edw. 3. Par. 1. m. 6. Metegabel Sax. Cibariorum vectigal A Tribute or Rent paid in Victuals a thing usual of old as well with the Kings Tenants as others till Henry the Firsts time who chang'd it into Money Sax. Dict. Metheglin British Meddiglin A kind of Drink made of Wort Hearbs Spice and Hony boyld together most used in Wales mentioned in the Act for Excise 15 Car. 2. ca. 9. Michis A sort of white loaves paid as a Rent in some Mannors Extenta de Wivenho in dorso Will. Lambe Capient de praedicto Priore pro qualibet Waya cirporum tres albos panes vocatos Michis nigrum panem alia cibaria Milde Anno 1 Jac. ca. 24. A kind of Canvas whereof Sail-Clothes and other furniture for Ships are made Mile Milliare Is the distance of one thousand paces otherwise described to contain eight furlongs and every Furlong to contain forty Lugs or Poles and every Pole 16 foot and a half Anno 35 Eliz. ca. 6. Militia Lat. The Implements and Furniture for Warr mentioned 15 Car. 2. ca. 2. Milleate Anno 7 Jac. ca. 19. A trench to convey water to or from a Mill Rectius a Mill. leat An unusual Word in Conveyances in Devonshire Mineral Courts Curiae minerales Are particular Courts for regulating the Affairs of Lead Mines as Stannery Courts are for Tyn. Miniments or Muniments Munimenta from Munio to defend Are the Evidences or Writings whereby a man is enabled to defend the title of his Estate An. 5. Rich. 2. ca. 8. and 35 Hen. 6. fo 37. b. Wangford sayes this word Muniment includes all manner of Evidences See Muniment House Ministri Regis Extend to the Judges of the Realm as well as to those that have Ministerial Offices 2 Inst fo 208. Minobery Anno 7 R. 2. ca. 4. Seems to be compounded of the French Main i. Manus and Ouvrer i. Operari and to signifie some trespass or offence committed by a Mans handy work in the Forest as an Engin to catch Deer Briton ca. 40. uses the verb Meinoverer to manure Lands and ca. 62. Main-ovre for handy work Minstrell Minstrellus Menestrallus from the French Menestrel A Fidler or Piper mentioned 4 Hen. 4. ca. 27. Lit. Pat. 24 April 9 Edw. 4. Quod Mariscalli Minstrelli predicti per se forent esse deberent unum Corpus una Communitas perpetua c. Upon a Quo warranto 14 Hen. 7. Laurentius Dominus de Dutton clamat quod omnes Ministrelli infra Civitatem Cestriae infra Cestriam manentes vel officia ibidem exercentes debent convenire coram ipso vel Senescallo suo apud Cestriam ad Festum Nativitatis S. Johannis Baptistae annuatim dabunt sibi ad dictum Festum quatuor Lagenas vini unam Lanceam in super quilibet corum dabit sibi quatuor denarios unum obolum ad dictum Festum habere de qualibet Meretrice infra Comitatum Cestriae infra Cestriam manente Officium suum exercente quatuor Denarios per annum ad Festum praedictum c. See King of the Minstrels Mint Is the place where the Kings Coin is formed be it Gold or Silver which now is and long has been the Tower of London Though it appear by divers Statutes that in ancient times the Mint has also been at Caleis and other places Anno 21 R. 2. ca. 16. and 9 Hen. 5. Stat. 5. ca. 5. The particular Officers belonging to the
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
le mesme the Defence is good See Kitchin in Cha. Que est le mesme fo 236. Que estate Signifies verbatim which estate or the same Estate and is a Plea whereby a man entituling another to Land c. saith that the same estate himself had he has from him For example in a Quare impedit the Plaintiff alleageth that such four persons were seized of Lands whereunto the Advowson in question was appendant in Fee and did present to the Church and afterwards the Church was void que estate that is which estate of the four persons he has now during the vacation by vertue whereof he presented c. Broke tit que estate fo 175. and see Coke on Litt. fo 121. Queen Regina Is either she that holds the Crown of this Realm by right of Blood or she that is Marryed to the King which last is called Queen Consort In the former signification she is in all construction the same that the King is and has the same power in all respects In the later she is inferior and a person exempt from the King for she may sue and be sued in her own name yet what she hath is the Kings and what she loseth the King loseth Stamf. Praerog ca. 2. fo 10. and Coke lib. 4. Copyhold-Cases fo 23. b. Queen gold Aurum Reginae Is a Royal Duty or Revenue belonging to every Queen Consort during her Marriage to the King of England both by Law Custom and Praescription payable by sundry persons in England and Ireland upon divers Grants of the King by way of Fine or Oblation amounting to ten Markes or upwards to wit one full tenth part above the entire Fine as Ten pounds for every Hundred pounds Fine upon Pardons Contracts or Agreements which becomes a real debt and duty to the Queen by the name of Aurum Reginae upon the Parties bare agreement with the King for his Fine and recording it without any promise or contract for this tenth part exceeding it Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo 21. 22. and Mr. Pryns Tractate on this Subject per tot Quein redditum reddat Is a Writ Judicial lying for him to whom a Rent-Seck or Rent-Charge is granted by Fine levied in the Kings Court against the Tenant of the Land that refuseth to atturn to him thereby to cause him to atturn Old Nat. Br. fo 156. Querela frescae fortiae Is a Writ See Freshforce Querela coram Rege Consilio c. Is a Writ whereby one is called to justifie a complaint of a Trespass made to the King himself before the King and his Counsel Reg. of Writs fo 124. Questus est nobis c. Is the form of a Writ of Nusance which by the Stat. Anno 13 Ed. 1. ca. 24 lies against him to whom the House or other thing that breeds the Nusance is alienated whereas before the Statute this Action lay onely against him that first levied or caused the Nusance to the damage of his Neighbor Quia improvide Seems to be a Supersedeas granted in the behalf of a Clerk of the Chancery sued against the priviledge of that Court in the Common-Pleas and pursued to the Exigend or in many other cases where a Writ is erroneously sued out or misawarded See Dyer fo 33. n. 18. Quid juris clamat Is a Writ Judicial issuing out of the Record of a Fine which remains with the Custos Brevium of the Common-Pleas before it be engrossed for after it cannot be had and it lies for the Grantee of a reversion or remainder when the particular Tenant will not atturn West par 2. Symbol tit Fines Sect. 118. See New Book of Entries on this Writ Quid pro quo Is an artificial Speech signifying as much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Civilians which is a mutual performance of both parties to a Contract or a giving one thing for another as 10 l. for a Horse Kitchin fo 184. Quietancia sectae Hundredi Wichmote Per haec verba Johannes Stanley Ar. clamat quod ipse tenentes sui non teneantur venire ad Curiam istam Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia Quietancia Assisarum super Assisam Per haec verba Johannes Stanley clamat quod ipse tenentes residentes sui non ponantur in Assisis jurat nec magnis Assisis Plac. ut supra Quietus i. Freed or acquitted Is a word used by the Clerk of the Pipe and Auditors in the Exchequer in their Acquittances or Discharges given to Accountants usually concluding with abinde recessit quietus which is called a Quietus est and is mentioned in the Act of general Pardon 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff shall discharge him of all accounts due to the King Anno 21 Jac. ca. 5. Quinquagesima Sunday Is that we call Shrove-Sunday and is so called because it is about the fiftieth day before Easter of which you may read in Durandi Rationali Divinorum cap. de Quinquagesima and mentioned in Briton and other ancient Law-writers Quinque portus The Cinque-ports which are 1. Hastings 2. Romene 3. Hethe 4. Dover and 5. Sandwich To the first Winchelsea and Rye belong which are reckoned as part or members of the Cinque-ports Servitium quod Barones Quinque Portuum praescriptorum recognoscunt facere ad summonitionem Regis per annum si contigerit per 15 dies ad custum eorum proprium ita quod primus dies computatur a die quo vela navium erexerunt usque partes ad quas n dere debent vel ulterius quamdiu Rex voluerit ad custum ejus See Cinque Ports Quinsieme or Quinzime Decima quinta Is a French word signifying a Fifteenth with us it is a Tax so called because it is raised after the Fifteenth part of Mens Lands or Goods Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast as the Quinzime of S. John Baptist Anno 13 Ed. 1. in the Preamble Quintane Quintana Fr. Quintaine Bersant A kinde of exercise tkat young Men did and still do use in some parts of this Nation especially Shropshire by breaking Poles on Horse-back against a strong Plank or Butteress set up in the High-way most used at marriages What it was anciently Matthew Paris thus delivers Eo tempore juvenes Londini statuto Pavone pro bravio ad stadium quod Quintana vulgariter dicitur vires proprias equorum cursus sunt experti In Hen. 3 sub initio Anni 1253. Quint-exact Anno 31 Eliz. cap. 3. Quinto exactus Is the last Call of a Defendant who is sued to the Outlary when if he appear not he is by the judgment of the Coroners returned outlawed
Coronatoris Inquirendum est per 12 Juratos pro Rege super Sacramentum suum quod fideliter presentabunt sine ullo concelamento omnes fortunas â—i fortuito occisos abjurationes Appella Murdra Sacrobarra felonias factas per quos quot c. Quaere If Sacrobarra be not the same with Sacrilegia Safe Conduct Salvus Conductus Is a security given by the Prince under the Broad Seal to a stranger for his quiet coming in and passing our of the Realm Touching which you may see the Statutes Anno 15 Hen. 6. cap. 3. 18 Ejusdem cap. 8. 28 Hen. 8. cap. 1. and the Form of it in Reg. of Writs fol. 25. Safe-guard See Salva-guardia Safe-pledge Salvus Plegius Is a Surety given for a Mans appearance against a day assigned Bracton lib. 4. cap. 2. num 2. Where it is also called Certus Plegius Sagibaro alias Sachbaro The same we now call Justiciarius It signifies as much as Vir causarum vel causis litibus praepositus LL. Inae Regis Anglo-Saxonis cap 6. MS. Sagitta Barbata A Bearded Arrow Reddendo inde annuatim pro omni servitio sex Sagittas Barbatas ad Festum Sancti Michaelis c. Carta Hugonis de Logiis sine Dat. Sailing Ware Anno 1 Rich. 3. cap. 8. Seems to be Canvas or such kinde of Cloath as Sails for Ships are made of Saka Hoc est Quod Prior habet emendas amerciamenta de transgressionibus hominum suorum in Curia sua litigantium tam liberorum quam Villanorum Reg. Priorat de Cokestord See Sax. Salary Salarium Is a recompence or consideration made to a Man for his pains or industry bestowed on another Mans business The word is used Anno 23 Edw. 3. cap. 1. Salet Is a Head-peece Anno 4 5 Phil. Mar. From the Fr. Salut i. Salus Mentioned also 20 Rich. 2. cap. 1. viz. Sallet or Scul of Iron c. Otherwise called a Moriam or Pot. Salarium Lat. Custom paid for Salt Camden Salina A Salt-pit or Vate a House or place where Salt is made In Herbagiis Piscariis in Salinis Fabricis in minariis ferreis c. Carta 17 Edw. 2. num 28. Salique Law Lex Salica De terra Salica nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terrae hereditas perveniat c. Was an ancient Law made by Pharamund King of the Franks Part of which appears to have been borrowed by our Henry the First in compiling his Laws as Cap. 89. Qui hoc fecerit secundum Legem Salicam moriatur c. Salmon Pipe Anno 25 Hen. 8. cap. 7. Is an Engin to catch Salmons or such like Fish Salmon Sewse Seems to be the young Fry of Salmon Quasi Salmon issue Anno 13 Rich. 3. stat 1. cap. 19. Saltatorium A Deer-leap Clamat habere liberum Parcum suum apud Halton cum duobus Saltatoriis in eodem Pl. apud Cestriam 31 Edw. 3. Saltus Highwood See Boscus Salva Guardia Is a Protection given by the King to a stranger fearing the violence of some of His Subjects for seeking His Right by course of Law the form whereof see in Reg. of Writs fol. 26. Salvage Money Is a recompence allowed by the Civil Law in lieu of all damages sustained by that Ship that rescues or saves another which was set upon by Pyrates or Enemies Salute Salus Was a Coin made by our King Henry the Fifth in France after his Conquests there whereon the Arms of France and England were quarterly stamped Bakers Chron. fol. 187. Sanctuary Sanctuarium Is a place priviledged by the Prince for the Safe-guard of Offenders lives being founded on the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such Priviledge See Stamf. Pl. Cor. lib. 2. cap. 38. P. Bonifacius 5. jussit Aras Ecclesias esse asyla reis says Platina Among all other Nations our ancient Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both Felonies and Treasons So that within forty days they acknowledged their fault and submitted themselves to banishment During which time if any Layman expelled them he was excommunicated if any Clerk he was made irregular But after forty days no Man might relieve them See New Book of Entries verbo Sanctuary and Fleta lib. 1. cap. 29. How by degrees they have been taken away See the Statutes 26 Hen. 8. cap. 13. and 28 Ejusdem cap. 7. 32 Ejusdem cap. 12. and 33 Ejusdem cap. 15. 1 Edw. 6. ca. 12 2 Ejusdem ca. 2. 33. and 5 Ejusdem cap. 10. See Abjuration Saint Johns of Beverley in Yorkshire had an eminent Sanctuary belonging to it which the Saxons called Fridstol q. Sedes Pacis So had St. Martins le Grand in London 21 Hen. 8. cap. 16. And Rippon had the like for which see Frodmortel Sand-gavel Is a payment due to the Lord of the Mannor of Rodely in Com. Gloc. for Liberty granted to the Tenants to dig Sand for their uses Taylors Hist of Gavelkind fol. 113. Sarplar of Wool Sarplera Lanae otherwise called a Pocket Is half a Sack a Sack eighty Tod a Tod two Stone and a Stone fourteen Pound See Fleta lib. 2. cap. 12. This in Scotland is called Serpliathe and contains eighty Stone See Skene verbo Serpliathe and 3 Part Inst fo 96. Sasse Annis 16 17 Car. 2. ca. 12. is a kind of Wear with Floudgates most commonly in Navigable and Cut Rivers for the damming and loosing the stream of Water as occasion requires for the better passing of Botes and Barges to and fro This in the West of Englad is called a Luck and in the River Lee less properly a Turnpike and in some places a Sluce Saterdays-stop Is a space of time in which of old it was not lawful to take Salmons in Scotland and the North of England that is from Evensong on Saturday till Sun-rising on Munday MS. Sauer default i. To excuse a defalt which is properly when a man having made defalt in Court comes afterwards and alleadges good cause why he did it as Imprisonment at the same time or the like New Book of Entries on this word Saunkefin from the Fr. Sang i. Sanguis Fin. Finis Is a word used by Britton ca. 119. for the determination or final end of the lineal Race or descent of a Kindred Saxonlage or Seaxenlage Seaxenlaga lex Saxonum See Merchenlage Scandalum Magnatum Is the special name of a Scandal or wrong done to any high Personage of the Realm as Prelates Dukes Earles Barons or other Nobles as also the Lord Chancellour Treasurer Steward of the House Clerk of the Privy-Seal Justice of either Bench or other great Officers by false newes or Messages whereby Debates and Discords betwixt them and the Commons or any scandal to their persons may arise Anno 2 Rich. 2. ca. 5.
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
Scite Situs The setting or standing of any place the Seat or Scituation of a Capital House or Messuage a Territory or quarter of a Country As we often find the Site of the late dissolved Monastery of i. The place where it stood The word is found in the Stat. 32 Hen. 8. ca. 20. 22 Car. 2. ca. 11. and is there written Scite Dedi Situm loci in quo domus sua sita est Mon. Angl. 2 Par. fo 278. b. Sithcundman Sax. Sithcundus custos paganus interpretatur Lamb. expl verb. pa. 5. Such a gentleman as had the Office to lead the men of a Town or Parish E classe nobilium erat says Somner Scyvinage Anno 27 Hen. 6. ca. 2. Signifies the precincts of Caleis Smalt Anno 21 Ja. ca. 3. and Pat. 16 Feb. 16. Ja. Ital. smalto Is that of which Painters make Blew Colour Smoke silver Tenemenium Newstede cum pertinen c. in villa de Staplehirst in Cam. Cant. tenetur de manerio de East-greenwich per fidelitatem tantum in libero Soccagio per Pat. dat 3 Febr. 4 Edw. 6. And by the payment for Smoke-silver to the Sheriff yearly the summ of six pence Notes for Lord Wootons Office 1628. There is Smoke-silver and Smoke-penny paid to the Ministers of divers Parishes conceived to be paid in lieu of Tithewood Or it may as in many places at this day be a continued payment of the Romescot or Peter-pence See Chimney-money Soc Sax. Signifies power authority or liberty to minister Justice and execute Lawes Also the Shire Circuit or Territory wherein such power is exercised by him that is endued with such a priviledge or liberty Whence our Law Latin word Soca for a Seignory or Lordship enfranchised by the King with the liberty of holding or keeping a Court of his Sockmen or Socagers i. His Tenants whose tenure is hence call'd Socage This kind of liberty is in divers places of England at this day and commonly known by the name of Soke or Soken Skene says Sok an old word used in Charters and Feoffments which are in sundry old Books containing the Municipal Laws of this Realm is called Seda de hominibus suis in Curia secundum consuetudinem regni c. See Bracton lib. 3. Tract 2. ca. 8. where he makes mention of these liberties Soc Sac Tol Team Infangthef Utfangthef LL. Hen. 1. ca. 22. Sive Sacam totaliter habent sive non Soca id quod Franchesiam dicimus i. Locus privilegiatus libertas immunitas refugium asylum sanctuarium a Sax. Socn socne haec ipsa significantibus Socage or Soccage Socagium From the Fr. Soc i. Vomer a Plowshare or Coulter Is a tenure of Lands by or for certain inferior or Husbandry services to be perform'd to the Lord of the Fee See Institutes of Common-Law 31. Bracton lib. 2. ca. 35. nu 1. Describes it thus Dici poterit Soccagium a Socco inde tenentes qui tenent in Soccagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tantummodo ad culturam quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebunt c. Skene sayes Soccage is a Tenure of Lawes whereby a man is infeoffed freely without Wardship or Marriage paying to his Lord some small rent c. which is called free-socage there was also base Soccage otherwise called Villenage Bracton adds Soccagium liberum est ubi fit servitium in donariis Dominis capitalibus nihil inde omnino datur ad scutum servitium Regis This free Soccage is also called common Soccage Anno 37 H. 8 ca. 20. Other divisions there are in our Law Writers of Soccage in Capite c. But by the Statute 12 Car. 2. ca. 24. all Tenures from and after 24 February 1645 shall be adjudged and taken for ever to be turned into free and Common Socage Socmans alias Sokemans Socmanni Are such Tenants as hold their Lands by Soccage Tenure But the Tenants in ancient Demean seem most properly to be called Socmans Fitz. Nat. Br. fo 14. b. Britton ca. 66. n. 2. Progenitores Simonis Bokeley omnia sua in Houcton per liberum Sokagium tunc tenebant quieti erant de Sectis Curiarum Consuetudinibus exactionibus demandis Lib. S. Albani Tit. Houcton ca. 1. The word Sokeman is found in the Statute of Wards and Relief 28 Edw. 1. Socna Sax. Socne A Priviledge Immunity Liberty or Franchise Volo ut ipsi sint eorum Sacae Socnae Theolonei etiam Teami privilegiorum scilicet jurium sic appellatorum digni intra tempus extra tempus c. Char. Canuti Regis in Hist Eccl. Cath. S. Pauli fo 189. See Soc. Socome signifies a Custom of grinding at the Lords Mill And there is Bond-Socome where the Tenants are bound to it and Love-socome where they do it freely out of love to their Lord. Soke Anno 32 Hen. 8. ca. 15. 20. Significat libertatem Curiae tenentium quam Socam appellamus Fleta lib. 1. ca. 47. Sect. Soke Soka hoc ect quod Prior habet sectam de homagiis suis ad Curiam suam secundum communem consuetudinem regni Angliae M. S. de libertat Priorat de Cokesford Per Soke Will. Stanley in manerio suo de Knottesford clamat cognitionem Placitorum debiti transgressionis conventionis detentionis infra summ 40 sol de aliis compactibus quibuscunque sine brevi Pl. in Itin. apud Cestriam 14 Hen. 7. Soke i. Aver Fraunche Court de ses homes MS. See Soc. Soken Soca See Soc and Hamsoken Sokereeve Seems to be the Lords Rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. Solda Pateat quod nos Johannes Romayne senior de Leominstr Johannes Romayne junior de eadem remisimus Johanni Meole vicario Ecclesiae de Wygemore Ricardo Bocerell Constabular Castri de Wygemore Fouke Sprengehose totum jus nostrum clamium in una Solda cum pertinenciis in Leominstr scituata in alto vico inter Soldam quondam Ricardi Spicer Soldam quae fuit Philippi Collinge c. Dat. 2. Octobre 19 Ric. 2. It seems to be the same with Solila a Shop or Shed Solet debet See Debet Solet Soletenant Solus tenens Is he or she that holds onely in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their Son Here the man dying the Lord shall not have Heriot because he dies not sole-tenant Kitchin fo 134. Solicitor Solicitator Signifies a man employ'd to follow and take care of Sutes dedepending in Courts of Law or Equity formerly allowed only to Nobility whose maenial servants they were but now too commonly used by others to the great increase of Champerty and Maintenance and Damage of the People Solidata terrae See Farding deal of Land Solidata signifies also the pay or stipend of a Souldier Et qui terram non
Berghmaysters that they faithfully Perform their Duties on the Minery And make Arrests and eke impartially Impanel Jurors Causes for to try And see that Right be done from time to time Both to the Lord and Farmers on the Minc Bernet Incendium from the Sax. byrnan to burn Is one of those crimes which by Henry the First 's Laws cap. 13. Emendari non possunt See Opentheff Bery or Bury from the Sax. Byr i. Habitatio A dwelling place a Mansion-house or Court a chief Farm The cheif House of a Mannor or the Lords Seat is still so called in some parts of England as in Herefordshire there are the Beries of Stockton Luston Hope c. Anciently also used for a Sanctuary Berton Bertona a Sax. bere hordeum ton villa Est area in aversa parte aedium ruralium primartarum in qua horrea stabula vilioris officii aedificia sita sunt in qua fodentur domestica animalia negotiationes rusticae peraguntur Rex Thesaurario Baronibus suis de Scaccario salutem Quia volumus quod Castrum nostrum Glocestriae nec-non Tina Bertona Gloc. corpori dicti Comitatus nostri Gloc. annectantur c. Claus 32 Edw. 1. m. 17. Berwica A Hamlet or Village appurtenant to some Town or Mannor often found in Doomsday from the Sax. bereƿica a Corn-Farm or Villa frumentaria Manerium minus ad maius pertinens non in gremio Manerii sed vel in confinio vel dis-junctiùs interdum situm est Spel. Besaile Fr. Bisayeul i. The Father of the Grand-father Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple the day he died and after his death a stranger abates or enters the same day uppn him and keeps out his Heir c. The form and further use of this Writ read in Fitz. Nat. Br. fol. 221. Besca A Spade or Shovel From the Fr. bescher to Dig or Delve In communi pastura turbas cum una sola besca fodient nihil dabunt Prior. Lew. Custamar de Hecham pa. 15. Hence perhaps Una bescata terrae inclusa Mon. Angl. p. 2. fol. 642. a. may signifie a peice of Land usually digged such as Gardiners sow Roots in Bestials Fr. Bestiails i. Beasts or Cattle of any sort Anno 4 Edw. 3 cap. 3. It is written Bestail and is generally and properly used for all kinde of Cattle Mentioned also in 12 Car. 2. cap. 4. Bidale or Bid-all Precaria potaria from the Sax. biddan i. To pray or sapplicate Is the invitation of Friends to drink Ale at the House of some poor Man who thereby hopes a charitable contribution for his relief still in use in the West of England and falsly written Bildale in some Copies of Bracton lib. 4. cap. 1. num ult And mentioned 26 Hen. 8. cap. 6. See Sothale Bidding of the Beads Anno 27 Hen. 8. cap. 26. Was anciently an invitation or notice given by the Parish Priest to his Parishioners at some special times to come to Prayers either for the Soul of some Friend departed or upon some other particular occasion And to this day our Ministers do usually on the Sunday precedent bid such Festivals as happen in the week following Holidays that is desire or invite their Parishioners to observe them Bidding comes from the Sax. biddan i. To desire or intreat and Bead in that language signifies a Prayer Bidripe Bidripa See Bederepes Biga Properly a Cart or Chariot drawn with two Horses coupled side to side but in our ancient Records it is used for any Cart Wain or Waggon Et quod eant cum Bigis carris caeteris falleris super tenementum suum c. 2 Mon. Angl. fol. 256. b. Bigamus Is he that hath married two or more Wives or a Widdow as appears in the Statutes 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst fol. 273. Bigamy Bigamia Signifies a double marriage or the marriage of two Wives it is used for an impediment to be a Clerk Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy Chap. 5. 2. Oportet ergo Episcopum irreprehensibilem esse unitis uxoris virum Upon which the Canonists founded that Doctrine That he that hath married a Widow is by their interpretation taken to have been twice married And both these they not onely exclude from holy Orders but deny them all Priviledges that belong to Clerks But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks though not within Orders the benefit of Clergy in case of Felony not especially excepted by some other Statute Brook tit Clergy Bilanciis deferendis Is a Writ directed to a Corporation for the carrying of Weights to such a Haven there to weigh the Wools that such a Man is licenced to transport Reg. of Writs fol. 270. a. Bilawes or rather By-laws from the Gothish By pagus and lagen Lex or from the Sax. Bilage i. Leges obiter pro re nata conditae are particular Orders made in Court Leets or Court Barons by common assent of the Resiants for the good of those that make them in some particular Cases whereto the Publick Law does not extend Coke Vol. 6. fol. 63. Kitchin fol. 45 79. In Scotland they are called Laws of Burlaw or Birlaw which are made and determined by consent of Neighbors elected by common consent in the Birlaw Courts wherein Knowledge is taken of Complaints betwixt Neighbor and Neighbor which men so chosen are Judges and Arbitrators to the effect aforesaid and are called Birlaw-men For Bawr or Bawrsman in Dutch is Rusticus and so Birlaw or Burlaw Leges Rusticorum Skene By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs are impowred to make By-Laws c. Anno 20 Car. 2. cap. 6. Bilinguis Signifies in the generality a double-tongued Man or one that can speak two Languages yet it is used for that Jury which passeth in any Case betwixt an Englishman and an Alien whereof part must be Englishmen and part strangers Anno 28 Edw. 3. cap. 13. Bill Billa Is diversly used First it is a security for Money under the Hand and Seal of the Debtor and is without condition or forfeiture for non-payment 2. Bill is a Declaration in Writing expressing either the wrong the Complainant hath suffered by the party complained of or else some fault committed against some Law or Statute of the Realm This Bill is most commonly addressed to the Lord Chancellor of England especially for unconscionable wrongs done sometimes to others having Jurisdiction according as the Law whereon they are grounded does direct It contains the Fact complained of the Damages thereby sustained and Petition of Process against the Defendant for redress See more in West par 2. Symbol tit Supplications Bill of Store Is a kinde of
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
ordinary Yeomen and Huissiers belonging either to His Majesty the Queen or Prince either giving leave or allowing their Absences or Defects in attendance or diminishing their Wages for the same He also nigntly by himself or Deputy takes the view of those that are to watch in the Court and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy and mentioned Anno 19 Car. 2. cap. 1. Clerk Marshal of the Kings House Seems to be an Officer that attends the Marshal in His Court and Records all His proceedings Anno 33 Hen. 8. cap. 12. Closh Was an unlawful Game forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins elswhere called Closh-cayls Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game which is still used by idle persons in Lincolns-Inn Fields and now called The Wheel of Fortune wherein they turn about a thing like the Hand of a Clock in Fr. Cloche Clove Is the Two and thirtieth part of a Weigh of Cheese i. Eight pound An. 9 Hen. 6. cap. 8. See Waga Cocherings An Exaction or Tribute in Ireland See Bonaght Cocket or Coket Cokettum Is a Seal belonging to the Kings Custom-house Reg. of Writs fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants as a Warrant that their Merchandises are customed Anno 11 Hen. 6. cap 16. Which Parchment is otherwise called Literae de Coketto or Literae testimoniales de Coketto Reg. fol. 179. a. So is the word used Anno 5 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted but in the name of him to whom the Wools be Anno 13 Rich. 2. cap. 9. Coket Is also used for a distinction of Bread in the Statute of Bread and Ale made 51 Hen. 3. The words are When a quarter of Wheat is sold for xii d then Wastel-Bread of a Farthing shall weigh vi 1. and xvi s but Bread-Cocket of a Farthing of the same Corn and Bultel shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price shall weigh more then Wastel by v s. Bread made into a Simnel shall weigh ii s. less then Wastel Bread made of the whole Wheat shall weigh a Cocket and a half so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels and Bread of Common Wheat shall weigh two great Cockets When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing White and well-baked shall weigh iv l x s. when for ii s iii l. viii s. c. By which we may perceive that Wastel-Bread was the finest Cocket-Bread next then Bread of Treet and lastly Bread of Common Wheat as we now call the finest Bread Wheaten or French Bread the second sort White Bread the third Brown or Houshold Bread c. Codicil Codicillus A Schedule or Supplement to a Will or some other Writing some Writers conferring a Testament and a Codicil together call a Testament a great Will and a Codicil a little one and compare a Testament to a Ship and the Codicil to the Boat tied to the Ship Codicil is used as an addition annexed to a Testament when any thing is omitted which the Testator would add explain alter or retract and is the same with a Testament but that it is without an Executor Sec Swinb pag. 1. sect 5. and Touchstone of Wills pag. 21 22. Coffée Anno 15 Car. 2 cap. 11 A kinde of drink brought hither from the Turks and Persians black thick and bitter distrained from Berries of that nature and name yet thought to be good and wholesome Cofferer of the Kings Houshold Is a Principal Officer of the Court next under the Comptroller who in the Counting-House and elswhere hath a special charge and over-sight of other Officers of the Houshold for their good demeanor and carriage in their Offices and pays their wages This Officer is mentioned Anno 39 Eliz. cap. 7. Cogs Cogones Seems to be a kinde of Vessel or Boat upon the River of Ouse and Water of Humber mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship For I finde in Matth. Westm Anno Dom. 1066. Venit ad hoc in Angliam Rex Noricorum trecentis Coggonibus advectus Cognatione See Cosenage Cognisor See Conisor Cognitionibus Mittendis Is a Writ to a Justice or other that hath power to take a Fine who having taken it defers to certifie it into the Court of Common Pleas commanding him to certifie it Reg. of Writs fol. 68. b. Cognizance Fr. Cognisance i. cognitio Is used diversly sometimes signifying the Badge of a Waterman or Serving-Mans Sleeve which is commonly the givers Crest whereby he is discerned to belong to this or that Noble or Gentleman Sometimes an acknowledgment of a Fine or Confession of a thing done as Cognoscens latro Bract. lib. 3. tract 2. cap. 3. 20 32. And to make Cognizance of taking a Distress Sometimes as an audience or hearing a matter judicially as to take Cognizance Sometimes a Power or Jurisdiction as Cognizance of Plea is an ability to call a Cause or Plea out of another Court which no Man can do but the King except he can shew Charters for it Manw. par 1. pag. 68. For such Cognizance lies not in Prescription Cogware Seems to be a sort of Course Cloaths made in the North of England mentioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen that is Buyyers of Makers or Dealers in such Cogware Coif Coifa Fr. Coiffe Our Serjeants at Law are otherwise called Serjeants of the Coif from the Lawn Coif they wear on their Heads under their Cap when they are created and always after See Serjeant Coin Fr. Coign i. Angulus which probably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered and not round any sort of Money coyned Cromp. Just of P. fol. 220. Coinage Besides the general signification relating to Money It is says Camden by a Law provided That all the Tin in Cornwal after it is cast and wrought shall be weighed and signed with a stamp which is called Coynage Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage Coket See Cocket Coliberts Colliberti Sunt tenentes in libero Soccagio M. S. Or such as of Villains were made Freemen Collateral Collateralis Side-wise or which hangs by the side or comes in side-wards not direct As Collateral Assurance is that which is made over and beside the Deed it self as If a Man covenant with another and enter Bond for performance of his Covenant the Bond is termed Collateral Assurance because it is external and without the
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
Hillaire prochain venant William Clopton du Counte de Suffolke Esquier pour adunques respondre devant nous ou nostre Lieutenant en la Cour de Chivalrie a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes ad appose le Seel de ces Armes a un faux forge fait as domages du dit Robert de Cl. plus a ce quil dit Remandantz par d'evers nous a dit jour ove icest nostre mandement tout ce que vous en aurez faitz Donne soubz le seel du nostre Office le xxiii jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme Courtilage See Curtilage Couthutlaugh Sax. Couch sciens Utlaugh exlex Is he that willingly receives a Man out-lawed and cherishes or conceals him In which case he was in ancient time subject to the same punishment that the Outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. Cranage Cranagium Is a liberty to use a Crane for drawing up Wares from the Vessels at any Creek of the Sea or Wharff unto the Land and to make profit of it It signifies also the Money paid and taken for the same New Book of Entries fol. 3. Crastino Sancti Uincentii i. the morrow after the Feast of St. Vincent the Martyr which is 22 Januarii Is the date of the Statutes made at Merton Anno 20 Hen. 3. Cravent or Craven In a tryal by Battel upon a Writ of Right the ancient Law was That the Victory should be proclaimed and the vanquished acknowledge his fault in the audience of the people or pronounce the horrid word Cravant in the name of Recreantise c. and presently Judgment was to be given and after this the Recreant should Amittere liberam legem that is He should become infamous c. See 2 Part. Instit fol. 247 248. We retain the word still for a Coward If the Appellant joyn Battel and cry Craven he shall lose liberain legem but if the Appellee cry Craven he shall be hanged 3 Inst fol. 221. Crayer Seems to be a kinde of small Sea-Vessel or Ship mentioned in the Stat. 14 Car. 2. cap. 27. Creansor Creditor of the Fr. Coyance persuasio Signifies him that trusts another with any debt be it in Money or Wares Old Nat. Br. fol. 67. Anno â—8 Edw. 3. cap. 5. Creast-tile See Roof-tile Créek Creca Seems to be a part of a Haven where any thing is landed from the Sea So that when you are out of the main Sea within the Haven look how many Landing places you have so many Creeks may be said to belong to that Haven See Cromp. Jurisd fol. 110. a. This word is mentioned in the Stat. 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow Casu Ronyger Fogassa Crocards A sort of Money See Pollards Croft Sax Croftus Crofta A little Close or Pitle enclosed near a Dwelling House for any particular use Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus pro se hominibus sive tenentibus suis includere Crofâ—os sive pratum juxia pontem separalitèr quantum illis placuerit Ingulf In some ancient Deeds Crufta occurs as the Latin word for a Croft but Cum Toftis Croftis is most frequent Crosses Cruce signati Are used by Britton cap. 122. for Pilgrims because they wear the sign of the Cross upon their Garments Of these and their Priviledges read Bracton lib. 5. pâ— 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy cap. 49. Under this word are also signified the Knights of S. John of Jerusalem created for the deâ—ence of Pilgrims and all those worthy Men of the Nobility and Gentry of England who in the Reigns of King Henry the Second Richard the First Henry the Third and Edward the First were Cruce signati as dedicating and listing themselves to the Wars for the recovery of Jerusalem and the Holy Land Greg. Syntag. lib. 1â— cap. 13 14. Euekingstool or Cokestool Tumbrella Is an Engin invented for the punishment of Scolds and unquiet Women by Ducking them in the Water called in ancient time a Tumbrel Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella Kitchin cap. Charge in Court Leet fol. 13. a. says Every one having view of Frank-pledge ought to have a Pillory and a Tumbrel This was in use even in our Saxons time by whom it was called Sâ—eal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and described to be Cathedra in qua rixosae mulieres sedentes aquis demergebantur And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws who were thereupon in such a Stool or Chair to be ducked and immerged in Stercore some muddy or stinking Pond Cudutlaugh See Couthutlaugh Cut antè divortium Is a Writ which a Woman divorced from her Husband hath to recover Lands or Tenements from him to whom her Husband did alienate them during the marriage because during the marrige she could not gainsay it Reg. of Writs fol. 233. Fitâ— Nat. Br. fol. 204. Cui in vita Is a Writ of Entry which a Widow hath against him to whom her Husband alienated her Lands or Tenements in his life time which must specifie that During his life she could not withstand it Reg. of Writs fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries verbo Cui in vita Culagium Is when a Ship is laid in the Dock to be repaired M. S. Arth. Trevor Arm. de Plac. Edw. 3. Culvertage Culvertaginm from Culum vertere to turn tail Omnes cum equis armis jussit sub nomine Culvertagii convenire Matth. Paris fol. 233. That is under the penalty of Cowardise or being accounted Cowards See Gloss in x. Scriptores Cunage Cunagium De Cunagio Stanneriae de emptione totius Stanni in Com. Devon Cornub. Rot. Pat. 21 Edw. 3. See Coinage Cuneus A Mint or place to Coyn Money in Mandatum est Reginaldo de Cornhil c. Sciatis quod concessimus venerabili Patri nostro Cicestr Fpiscopo quod habeat Cuneum suum in Civitate Cicestriae quod currat donec nostri in eadem civitate currant tunc una cum illis currat Et ideo vobis praecipimus quod ei vel certo nuncio suo Cuneum illum habere sine dilatione faciatis 〈◊〉 29 Apr. Claus 6 Joh. m. 3. Cuntey-Cuntey Is a kinde of tryal as appears by Bracton in these words Negotium in hoc casu terminabitur per Cuntey-Cuntey sicut inter Cohaeredes And In brevi de recto negotium terminabitur per Cuntey-Cuntey which seems to be as much as the Ordinary Jury Bracton lib. 4. tract 3. cap. 18. Curfeu Ignitegium of the Fr. Couvrir feu i. Cover the Fire Signifies an Evening Peal by which the Conqueror
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
Anglice vocatur terra unius aratri culturae sufficiens Hen. Hunting Hist lib. 6. But Sir Edward Coke holds That a Knights Fee a Hide or Plough-Land a Yard-Land or Oxgang of Land do not contain any certain number of Acres On Littl. fol. 69. The distribution of England by Hides of Land is very ancient for there is mention of them in the Laws of King Ina cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori cepit ab unaquaque hidâ Angliae tres sol Spel. And see Cam. Brit. fol. 158. Hide-lands Sax. Hydelandes Terrae ad Hydamseu tectum pertinentes Hide and gain Did anciently signifie Arable Land Coke on Littl. fol. 85. b. For of old to gain the Land was as much as to Till or are it See Gainage Hidage Hidagium Was an extraordinary Tax payable anciently for every Hide of sand Bracton lib. 2. ca. 6. writes thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius regni introaucta quae ad Dominum feudi non pertinent c. King Etheldred in the year of Christ 994. when the Danes landed at Sandwich taxed all his Land by Hides every 310 Hides of Land found one Ship furnished and every 8 Hides found one Jack and one Saddle for defence of the Realm Willielmus Conquestor de unaquaque Hida per Angliam sex solidos accepit Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the being quit of that Tax which was also called Hyde-gyld Hidel Anno 1 Hen. 7. ca. 6. Seems to signifie a place of protection or a Sanctuary Hiis testibus Antiquity did add these words in the continent of the Deed after the In cujus rei testimonium written with the same hand with the Deed which Witnesses were called the Deed read and then their names entred And this clause of Hiis testibus in Subjects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted Coke on Litt. fol. 6. Hine Sax. A Servant or one of the Family but it is now taken in a more restrictive sence for a Servant at Husbandry and the Master â—ine he that oversees the rest Anno 12 R. 2. ca. 4. Hinefare or Heinfare from the Sax. Hine a Servant and Fare a going or passage the going or departure of a Servant from his Master Siquis occidit hominem Regis facit Hein faram Dat. Regi xx s. c. Domesday tit Arcanfeld Hinegeld Significat quietantiam transgres sionis illatae in servum transgredientem MS. Arth. Trevor Ar. Hirciscunda The division of an inheritance among Heirs Goldm. dict Actio Hirciscundae See Action mixt Hird i. Domestica vel intrinseca familia Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS. Hithe See Hyth Hoastmen Anno 21 Jac. ca. 3. Are an ancient Gild or fraternity at Newcastle upon Tine who deal in Seacoal Hoblers or Hobilers Hobelarii Erant milites gregarii levi armatura mediocri equo ad omnem mutum agili sub Edouardo 3 in Gallia merentes Dicti ut reor vel ab istiusmodi equo an Hobby appellato vel potius a Gal. hobille tunica Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident Anno 1350 sic habent Sub Comite Kildariae Banerets 1. Knights 1. Esquires 38. Hobilers 27 c. These were light-horsemen or according to Cowel certain Tenants who by their Tenure were bound to maintain a little light Nag for certifying any invasion or such like peril towards the Sea-side as Portsmouth c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem Hen. 8. says Spelman Gentz darmes Hobelours see Pryns Animad on 4 Inst fol. 307. Hock tuesday-money Was a Tribute paid the Landlord for giving his Tenants and Bondmen leave to celebrate that day which was the second Tuesday after Easter week whereon the English did Master the domineering Danes Mr. Fab. Philips Mistaken Recompence fo 39. Hockettor or Hocqueteur Is an old French word for a knight of the Post a decay'd man a basket-carrier 3 Part Inst fol. 17â— Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours parent que la verite ne soit ensue Stat. Ragman Hogenhine rectius Third night awn hine i. Third night own servant Is he that comes guest-wise to an Inne or House and lies there the third night after which he is accounted of that Family and if he offend the Kings Peace his Host was to be answerable for him See Thirdnight-awn-hine Hokeday Otherwise called Hock-tuesday was the second Tuesday after Easter-week Et ad festum S. Mich. cum tenere voluerit Senescallus Curiam de la Hele habebit de Celerario quinque albos panes Costrellos suos plenos Cervisiae ad idem Festum pro Curia de Kinnersdone de privilegiis tenendis habebit totidem ad le Hokeday totidem Mon. Angl. 2 Par. fo 550. b. See Hocktuesday Money Hogshead Is a Measure of Wine Oyle c. containing half a Pipe the fourth part of a Tun or 63 Gallons Anno 1 R. 3. ca. 13. Holm Sax. Hulmus insula amnica A River Island according to Bede sometimes found in ancient Deeds and Records Coke on Litt. fol. 5. Cum duobus holmis in campis de we done Mon. Angl. 2. p. fo 292. b. where it seems to have a different signification Homage Fr. Is derived from Homo and is called Homage because when the Tenant does this service he says I become your Man It is also called Manhood as the Manhood of his Tenant and the Homage of his Tenant is all one Coke on Litt. fo 64. In the Original Grants of Lands and Tenements by way of Fee the Lord did not onely tye his Tenants to certain Services but also took a submission with Promise and Oath to be true and loyal to him as their Lord and Benefactor This submission is called Homage the form whereof you have in 17 Edw. 2. Stat. 2. in these words When a freeman shall do Homage to his Lord of whom he holds in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the Land I hold of you saving the Faith that I owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the Fee for which Homage is due takes Homage of every Tenant as he comes to the Land or Fee Glanv lib. 9. ca. 1. except women who perform not Homage but by their Husbands
Students therein do there not onely study the Laws but use such other exercises as may make them more serviceable to the Kings Court Fortescu cap. 49. Of these there are four well known viz. The Inner Temple Middle Temple Lincolns Inn and Greys Inn. These with the Two Serjants Inns and Eight Inns of Chancery do altogether to use Sir Edward Cokes words make the most famous University for Profession of Law onely or of any one Humane Science in the World Of which see Mr. Dugdales Origines Juridiciales at large Innotescimus Letters Patent so called which are always of a Charter of Feofment or some other Instrument not of Record and so called from the words in the Conclusion Innotescimus per presentes An Innotescimus Vidimus are all one See Pages Case 5 Rep. Innuendo from innuo to beck or nod with the Head to signifie a word used in Writs Declarations and Pleadings and the Office of it is onely to declare and ascertain the person or thing which was named or left doubtful before as to say he Innuendo the Plaintiff is a Theif when as there was mention before of another person Innuendo may not enlarge the sence of the words nor make a supply or alter the Case where the words are defective Huttons Rep. fol. 44. Inpeny and Outpeny In the Register of the Monastery of Cokesford pag. 25. Thus De Inpeny Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur viz. Quod ipse qui vendiderit vel dederit dictam tenuram alicui dabit pro exitu suo de eadem tenurâ unum denarium pro ingressu suo Et si predicti Denarii a retro fuerint Ballivus domini distringet pro eisdem denariis in eadem tenura These words and Custom are also mentioned in the Rolls of a Court there held about the Feast of the Epiphany Anno 12 Rich. 3. Spelm. Inquirendo Is an Authority given to any person to enquire into something for the Kings advantage in what case it lies See Reg. of Writs fol. 72 85 124 265. Inquisition Inquisitio Is a manner of proceeding by way of search or examination in matters criminal by the great Enquest before Justices in Eyre It is also used in the Kings behalf in Temporal Causes and Profits in which sence it is confounded with Office Stanf. Praerog fol. 51. Inquifitors Inquisitores Are Sheriffs Coroners Super visum Corporis or the like who have power to enquire in certain Cases Stat. of Marlbridge cap. 18. Britton fol. 4. And in Westm 1. Enquirors or Inquisitors are included under the name of Ministri 2 Part. Inst fol. 211. Inrolment Irrotulatio The Registring Recording or Entring any lawful Act in the Rolls of the Chancery Exchequer Kings Bench or Common Pleas in the Hustings of London or by the Clerk of the Peace in any County As a Statute or Recognizance acknowledged or a Deed of Purchase enrolled Anno 27 H. 8. cap. 16. See West par 2. Symb. tit Fines sect 133. Insidiatores viarum Way-layers Are Woods which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments Arraignments Appeals c. Insimul tenuit Is one Species of the Writ of Partition See Formdon Insinuation Anno 21 Hen. 8. cap. 5. A creeping into a Mans Minde or Favor covertly Insinuation of a Will is among the Civilians the first Production of it or the leaving it Penes Registarium in order to its Probat Inspeximus Letters Patent so called and is the same with Exemplification which begins thus Rex Omnibus Inspeximus irrotulamentum quarund literarum Patent ' c. It is called Inspeximus because it begins after the Kings title with this word Inspeximus See Pages Case 5 Rep. Instalment Anno 20 Car. 2. cap. 2. A Settlement Establishment or sure placing in sometimes it is confounded with Abatement Institution Institutio Is when the Bishop says to a Clerk who is presented to a Church-Living Instituo te Rectorem talis Ecclesiae cum cura animarum accipe curam tuam meam Every Rectory consists of a Spiritualty and a Temporalty as to the Spiritualty viz. Cura animarum he is a compleat Parson by Institution but as to the Temporalties as Gleab-land c. he has no Frank-tenant therein till Induction Cokes 4 Rep. Digbies Case The first beginning of Institutions to Benefices was in a National Synod held at Westminster by John de Crema the Popes Legate Anno 1124. which see in Seldens Hist of Tythes pag. 375. In super Anno 21 Jac. cap. 2. Is used by Auditors in their Accounts in the Exchequer when they say so much remains in super such an Accoantant that is so much is charged upon him in his account Intakers Were a kind of Theeves in Redesdale and the furthest parts of the North of England mentioned 9 Hen. 5. ca. 8. So called because they dwelling in that liberty did take in and receive such booties of Cattel and other things as their Complices the Outparters brought in to them from the borders of Scotland See Outparters Intendment of Law Fr. Entendement intellectus the Understanding Judgment Intention or true meaning of the Law Regularly Judges ought to judge according to the common Intendment of Law Coke on Litt. fo 78. Inter canem lupum Margeria filia Nicholai de Okele appellat Johannem Chose pro raptu pace Regis fracta die Martis prox c. inter canem lupum i. In crepusculo scilicet Anglice twylight i. Inter diem noctem c. Inter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc. In placito de domo combusta maliciose hora vespertina scilicet inter canem lupum venerunt malefactores c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6. Intercommoning Is where the Commons of two Mannors lie contiguous and the Inhabitants of both have time out of mind depastured their Cattel promiscuously in each of them Interdiction Interdictio Has the same signification in the Common as it hath in the Canon Law which thus defines it Interdictio est censura Ecclesiastica prohibens administrationem divinorum And so it is used 22 Hen. 8. ca. 12 25. ejusdem cap. 20. Interdicted of Water and Fire Were in old time those who for some crime were banished which Judgment though it was not by express sentence pronounced yet by giving order That no man should receive them into his house but deny them Fire and Water the two necessary elements of life they were condemned as it were to a Civil death and this was called legitimum exilium Livie Interest Interesse Is vulgarly taken for a term or Chattel real and more particularly for a future term in which case it is said in pleading that he is possessed de interesse termini But ex vi termini in legal understanding it extends to Estates Rights and Titles that a man hath of in to
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the common-Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le
Taille de Bois is a cloven peece of Wood to nick up an account upon For in the Stat. 10 Edw. 1. cap. 11. it is termed a Tail and so in Brooks Abridg. tit Tail d'Exchequer fol. 247. Tailes Talliae Are in these days called Tallies explicated before Of these we read in our Statutes two sorts long used in the Exchequer The one Tailes of Debt Anno 1 Rich. 2. cap. 5. which are a kinde of Acquittance for Debt paid to the King For example the University of Cambridge pays yearly 10 l. for such things as are by their Charter granted them in Fee-farm 5 l. at the Annunciation and 5 l. at Michaelmas He that pays these receives at each day a Tail or Talley for his discharge with both which or notes of them he repairs to the Clerk of the Pipes Office and there in stead of them receives an Acquittance in Parchment for his full discharge The other Tails of Reward mentioned Anno 27 Hen. 8. cap. 11. and in other Statutes which seem to be Tails or Tallies of allowances or recompence made to Sheriffs for such Matters as to their charge they have performed in their Office or for such Moneys as they by course have cast upon them in their accounts but cannot levy c. See Anno 2 3 Edw. 6. cap. 4. There are also Tallies of Debt used among Subjects Et si creditor habeat Talleam oportet creditorem probare illam per convicinos suos vel per alios per quorum fidelitatem Balivi alii praesentes illo tempore in Curia noticiam habere possunt si Creditor petat debitum per vocem suam simplicem tunc debitor potest esse ad suam legem manifestatam MS. Codex de LL. Statutis c. Burgivillae Mountgomer a Temp. Hen. 2. Tailage See Tallage Taint Attinctus Fr. Teinct i. Infectus Tinctus Signifies either a Conviction or a person convict of Felony or Treason c. See Attaint Tales a Latin word of known signification Is used for a supply of Men impannelled on a Jury or Enquest and not appearing or at their appearance challenged by either party as not indifferent in which case the Judge upon motion grants a supply to be made by the Sheriff of one or more such there present equal in reputation to those that were empannelled Whereupon the very act of supplying is called a Tales de Circumstantibus But he that hath had one Tales either upon default or challenge may not have another to contain so many as the former For the first Tales must be under the principal Pannel except in a Cause of Appeal and so every Tales less then other until the number be made up of such as are without exception Yet you may finde some exceptions to this general Rule in Stamf. Pl. Cor. lib. 3. cap. 5. These commonly called Tales may in some sort and indeed are called Meliores viz. When the whole Jury is challenged as appears by Brook tit Octo tales auter tales fol. 105. Tales Is also the name of a Book in the Kings Bench Office Coke lib. 4. fol. 93. b. Of such Jury-men as were of the Tales Tallage Tallagium From the Fr. Taille which originally signifies a peece cut out of the whole and metaphorically a share of a Mans substance paid by way of Tribute Toll or Tax Stat. De Tallagio non concedendo Tempore Edw. 1. And Stows Annals pag. 445. Thence comes Tailaigiers in Chawoer for Tax or Toll-gatherers See Subsidy These Tallages were anciently called Cuttings which word is still retained in Ireland in a not much different sense Tallage says Sir Edward Coke is a general word and includes all Taxes 2 Instit fol. 532. Talleys See Tailes Talsbide or Talwood Taliatura Is Fire-wood cleft and cut into Billets of a certain length Anno 34 35 Hen. 8. cap. 3. and An. 7 Edw. 6. cap. 7. Every Talshide marked one being round bodied shall contain sixtéen inches of Assise in compass c. Anno 43 Eliz cap. 14. Tangier An ancient City of Barbary lying within the Kingdom of Fesse and distant from the Streights about Thirty Miles mentioned in the Statute of 15 Car. 2 cap. 7. And is now part of the Dominion belonging to the Crown of England Tanistry Is a Law Tenure or Custom in some parts of Ireland of which thus Sir John Davies in his Reports fol. 28. b. Quant ascun person morust seisie des ascuns Castles Mannors terres ou tenements del nature tenure de Tanistry que donques mesme les Castles c. doent descender de temps dont memory ne court ont use de descender Seniori dignissimo viro sanguinis cognominis de tiel person issint morant seisie que le file ou le files de tiel person issint morant seisie de touts temps avantdit ne fueront inheritables de tiels terres ou tenements ou de ascum part de eux The name seems to be derived a Thanis See Sir James Wares Antiquitates Hibernia pag. 38. Tappa See Bosinnus Tare and Tret The first is the weight of Box Straw Cloaths c. wherein Goods are packed The other is a consideration allowed in the weight for wast in emptying and reselling the Goods Book of Rates Tasels Is a kinde of hard Bur used by Cloathiers and Cloath-workers in the dressing of Cloth Anno 4 Edw. 4. cap. 1. Tassum A Mow or Heap from the Fr. Tasser to heap or pile up Commissio facta fuit Roberto Hadham ad vendend blada alia bona diversarum Abbatiarum alienigenarum qui venit cognovit quod vendidit blada Prioris de Tickford in garbis in duabus Tassis existen pro 10 l. c. Hill 25 Edw. 3. Coram Rege Rot. 13. Tax Taxa from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quod non solum ordinem sed modum ratione temperatum significat atque ob id etiam taxationem tributum unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicuntur qui tributum imponunt Was such a Tribute as being certainly rated on every Town was wont to be yearly paid but now not without consent in Parliament as the Subsidy is And it differs from Subsidy in this that it is always certain according as it is set down in the Exchequer Book and levied in general of every Town and not particularly of every Man It is also called a Fifteenth Anno 14 Edw. 3. stat 1. cap. 20. and 9 Hen. 4. cap. 7. It seems that in ancient time this Tax was imposed by the King at His pleasure but Edward the First bound Himself and His Successors from that time forward not to Levy it but by consent of the Realm Anno 25 Edw. 1. cap. 5. See Gild Subsidy and Fifteenth Taxatio bladorum An Imposition on Corn. Taxers Two Officers yearly chosen in Cambridge to see the true gage of all Weights and Measures The name took beginning from Taxing or Rating the Rents of Houses which