Wesenbecius in their Paratitles π. finium regund And though Justinian in his first division omitteth the third member yet afterward in the same title § 20. he saith as these men do viz. that there be certain actions naming these and other of like nature that seem to have a mixture c. Of this you may also read Britton at large in his Chapter 71. And this division of action springeth from the object or matter whereabout it consisteth Wesenb parat π. de actio obliga The Author of the new Tearms of Law defineth a mixt action to be a sute given by the Law to recover the thing demanded and also the damages for wrong done as in Assise of novel disseisin the which writ if the disseisour make a feoffment to another the disseiseur shall have a remedie against the disseisour and the feoffer or other land tenant to recover not only the land but the dammages also See the test These words occasion me to shew that actio is by the Civil law called mixta in two respects Nam quadam mistae sunt quòd in se actionis in rem actionis personalis naturam habeant in üs actor reus uterque sit l. actionis verbo § fina w. de obliga actio Tales sunt actio familiae excisc communi dividun finium regun quaedam verò mistae sunt quòd rem simul poenam persequantur ut in actione vi bonorum rapt legis Aquiliae ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta solvere distulerunt And of this latter sort is the example that the said Author bringeth of a mixt action Action is also by the Civilians divided of the efficient cause in civilem praetoriam Whereof one riseth out of the common civil law the other from some Edict of the Pretour Who being Chief Justicer had authority for his year to supply the defects of the general law by his especial edicts And a division not unlike this may be made in the Common law of England one growing from the antient customary law the other from some Statute Brook tit Action sur le statut Action of the final cause is divided into civill poenal mixt Cook vol. 6. fol. 61. a. Action civil is that which tendeth only to the reeovery of that which by reason of any contract or other like cause is due unto us as if a man by action seek to recover a sum of mony formerly lent c. Action penal is that aimeth at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action legis Aquiliae in the Civil law wherby in our Common law the next Friends of a man feloniously slain or wounded shall pursue the law against the murtherer or him that wounded him to condign punishment Bract. li. 3. ca. 4. Action mixt is that which seeketh both the thing whereof we are deprived and a penalty also for the unjust deteining of the same as in an Action of Tithe upon the Statute anno 2 3 Ed. 6. cap. 13. Action is also according to the form of Petition divided into such as are conceived to recover either the simple value of the thing chalenged or the double the triple or quadruple Bract. li. 3. ca. 3. nu 6. So doth Decies tantum lye against Embracers Fitz. not br fol. 171. and against Jurours that take mony for their verdict of one part or the other or both And to be short any other action upon a Statute that punisheth any offence by restitution or fine proportionable to the transgression Action is prejudicial otherwise called preparatorie or else principal prejudicial is that which groweth from some question or doubt in the principal as if a man sue his younger Brother for Land descended from his Father and it be objected unto him he is a Bastard Bract. lib. 3 ca. 4. nu 6. For this point of bastardy must be tryed before the cause can further proceed and therefore is termed praejudicialis quia prius judicanda Action is either awncestrel or personal Stawnf pl. cor 59. Auncestrel seemeth to be that which we have by some right descending from our Ancestor upon us and that personall which hath the beginning in and from our selves Action upon the Case actio super casu is a general Action given for redress of wrongs done without force against any man and by Law not especially provided for For where you have any occasion of sute that neither hath a fit name nor certain form already prescribed there the Clerks of the Chancery in antient time conceived a fit form of Action for the fact in question which the Civilians call actionem in factum and our common Lawyers action upon the case In factum actiones dicuntur ideo quia quod nomine non possunt exprimere negotium id rei gesta enarratione declarant citra formulam ac solennitatem ullam Cuiacius Gothofredus ad Rubricam de praescriptis verbis And whereas in the Civill Law there are two sorts actionis in factum one termed actio in factum ex praescriptis verbis the other actio in factum praetoria Wesenb parat de praescrip verb. the former growing upon words passed in contract the other more generally upon any fact touching either contract or offence formerly not provided against this Action upon the Case seemeth in use to be more like to the Pretours Action in factum than to the other because in the perusal of the new book of Entries and Brooks his Abridgement hereupon I perceive that an Action upon the Case lyeth as well against offences as breach of contract Of this see more in the word Trespass Action upon the Statute actio super Statuto is an Action brought against a man upon breach of a Statute to be resembled in mine opinion to any Action given in the law Imperial either upon edictum praetoris ple biscitum or senatusconsultum For as the Pretour so the common People in comitiis tributis and the Senators or Nobility in curia vel senatu had power to make laws whereupon the Pretour or other Judges permitted Action And even so our high Court of Parliament maketh Statutes against such offences as are either newly grown or more and more increased and our Judges entertain their Plees that commence their actions against the breakers of them Action is perpetual or temporal perpetua vel temporalis and that is called perpetual the force whereof is by no time determined Of which sort were all civil Actions among the antient Romans viz. such as grew from Laws decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the year de perpet tempor actio in Instit So we have in England perpetual and temporary actions and I think all may be called perpetual that are not expresly limited As divers Statutes give actions so
life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from Tenents to their Lords as toward the relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd is also particularly used in matter of pleading for a petition made in court for the calling in of help from another that hath an interest in the cause in question and is likely both to give strength to the party that
prayeth in ayd of him and also to avoid a prejudice growing toward his own right except it be prevented For example when a tenent for term of life by courtesie tenent in tail after possibility of issue extinct for term of years at will by Elegit or tenent by Statute-merchant being impleaded touching his estate may petere auxtlium that is pray in ayd of him in the reversion that is desire or intreat the Court that he may be called in by writ to allege what he thinketh good for the maintenance both of his right and his own Terms of the Law Fitzherbet mentioneth both prier in ayde and prier ayde de patron c. auxilium petere à patrono Nat. Brev. fo 50. d. And the new book of Entries Verbo Ayde de parcener auxilium de parcionaria fo 411 Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem Emericus in practition titulo 48. This ayde prier is also used sometime in the Kings behoof that there be no proceeding against him untill the Kings Councell be called and heard to say what they think good for the avoyding of the Kings prejudice or losse touching the cause in hand For example if the kings tenent holding in chief be demanded a rent of a common person he may pray in ayd of the king Also a City or Borough that hath a fee ferm of the king any thing being demanded against them which belongeth thereunto may pray in ayd of the king c. Terms of the law Of this thing you may read the Statute de bigamis a. 4. Ed. 1. ca. 1. 2. 3. an 14. Ed. 3. stat 1. ca. 14. The Civill law in sutes begun between two alloweth a third to come in pro interesse and he that commeth in for his interest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common Lawiers cal Receite Look Receito Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grandfather or great grandfather called of our common lawyers besacle but in true French bisaicul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and disâ—possesseth the heir Fitz. nat br fo 222. AL Alderman aldermannus is borrowed from the Saxon Ealderman signifying as much as Senator in Latine Lamb. in his explication of Saxon words verbo senator See Roger Hoveden par poster suorum annal fo 346. b. Aler sans jour is verbatim to goe without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 140. Ale-taster is an officer appointed in every Court leet and sworn to look to the assise and the goodnesse of bread and ale or beer within the precincts of that Lordship Kitchin f. 46. where you may see the form of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the property of any thing unto another man To alien in mortmain is to make over lands or tenements to a Religious company or other body politique Stawnf praerog fo 40. Look Mortmain To alien in fee is to sel the fee simple of any land or tenement or of any incorpore all right West 2. ca. 25. an 13 Ed. 1. Alien alias alion allenigena commeth of the Latine alienus and signifieth one born in a strange Country It is ordinarily taken for the contrary to Denizen or a natural subject that is one born in a strange country and never here infranchised Brook Denizen 4. c. And in this case a man born out of the land so it be within the limits of the kings obedience beyond the Seas or of English parents out of the Kings obedience so the parents at the time of the birth be of the kings obedience is no alien in account but a subject to the King Statute 2. a. 25. Edw. 3. c. unico commonly called the Statute de natis ultra mare Also if one born out of the Kings allegiance come and dwell in England his children if he beget any here be not aliens but denizens Terms of the Law See Denizen Allaye Allaia is used for the temper mixture of silver and gold an 9. H. 5. Stat. 2. c. 4. Stat. 1. ejusdem anni cap. 11. The reason of which allay is with a baser metal to augment the weight of the silver or gold so much as may counter vail the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer upon a complaint of some accountant commanding them to allow the accountant such summes as he hath by vertue of his office lawfully and reasonably expended Regist orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is used for one that by his trade coloureth or painteth upon paper or parchment And the reason is because he giveth grace light and ornament by his colours to the letters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine rivets be a certain light kind of armor for the body of a man with sleevs of male or plates of iron for the defence of his arms The former of which words seemeth to shew the country where it was first invented the other whether it may come from the French verb revestir i. superinduere to put on upon another garment I leave to farther consideration Almner eleemosynarius is an officer of the Kings house whose function is fragmenta diligenter colligere ea distribuerre singulis diebut egenis agrotos leprosos incarceratos pauperesque viduas et alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam et alia ad elecmosynam largita recipere fideliter distribuere Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare praecipne diebus Sanstorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel ministrallis sed ad eleemosynae suae incrementum jubeat largiri Fleta lib. 2. cap. 22. Almoine eleemosyna See Frank almoyne Almond amygdalum is well known to every mans sight it is the kernel of a nut or stone which the tree in Latine called amygdalus doth bear within a husk in manner of a walnut of whose nature and diversities you may read Gerards Herball lib. 3. cap. 87. This is noted among Merchandize that are to be garbled anno 1. Jaco cap. 19. Alnegeor aliâs aulnegeor ulniger vel ulnator commeth from the French aulne an elle or elwand and signifieth an Officer of the Kings who by
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto another as to his Lord and also that Attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the Writ termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry of the Writs of Covenant and the Concord upon every Fine and maketh forth exemplifications and Copies of all Writs and Records in his office and of all Fines levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be dayes set down by Statute or order of the Court when Writs shall be returned or when the party shall appear upon the Writ served And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
of summs under forty shillings Crompton fol. 231. agreeth with him It is called a Justicies because it is a commission to the Sheriff ad Justiciandam aliquem to doe a man right and requireth no return of any certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. maketh mention of a Justicies to the Sheriff of London in a case of Dower See the new book of Entries Justicies Justification Justificatio is an upholding or shewing a good reason in Court why he did such a thing as he is called to answer as to Justifie in a cause of Replevin Broke titulo Replevin KE KEeper of the great Seal Custos Magni Sigilli is a Lord by his Office and called Lord-Keeper of the great Seal of England c. and is of the Kings privy Councel under whose hands pass all Charters Commissions and Grants of the King strengthened by the great or broad Seal Without the which Seal all such Instruments by Law are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmly but under the said Seal This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place authority preheminence Jurisdiction execution of Laws and all other Customes Commodities and advantages as hath the Lord Chancellor of England for the time being Keeper of the privy Seal Custos privati Sigilli is a Lord by his Office under whose hands pass all Charters signed by the Prince before they come to the broad or great Seal of England He is also of the Kings privy Councell He seemeth to be called Clerk of the privy Seal anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office by reason the Prince thinketh good rather to keep his Seal in his own hands and by private trust to commit it to his principal Secretary or some such one of his Councel as he thinketh fit for that function Keeper of the Touch anno 2 H. 6. cap. 14. seemeth to be that Officer in the Kings Mint which at this day is termed the Master of the Assay See Mint Keeper of the Forest Custos Forestae is also called Chief Warden of the Forest Manwood parte prim of his Forest laws pag. 156. c. and hath the principal government of all things belonging thereunto as also the check of all Officers belonging to the Forest And the Lord Chief Justice in Eyr of the Forest when it pleaseth him to keep his Justice Seat doth forty daies before send out his general Summons to him for the warning of all under Officers to appear before him at a day assigned in the Summons This see in Manwood ubi supra KI King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifying him that hath the highest power and absolute rule over our whole Land and thereupon the King is in intendment of Law cleared of those defects that Common persons be subject unto For he is alwaies supposed to be of full age though he be in years never so young Cromptons Jurisdictions fol. 134. Kitchin fol. 1. He is taken as not subject unto death but is a Corporation in himself that liveth ever Crompton ibidem Thirdly he is above the Law by his absolute power Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws he do admit the three Estates that is Lords Spiritual Lords Temporal and the Commons unto Counsel yet this in divers learned mens opinions is not of constraint but of his own benignity or by reason of his promise made upon oath at the time of his Coronation For otherwise were he a Subject after a sort and subordinate which may not be thought without breach of duty and loyalty For then must we deny him to be above the Law and to have no power of dispersing with any positive law or of granting especial Privileges and Charters unto any which is his only and clear right as Sir Thomas Smith well expresseth lib. 1. cap. 3. de Repub. Anglica and Bracton lib. 2. cap. 16. num 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity except such as he bindeth himself by Oath not to forgive Stawnf pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua Bracton l. 2. c. 24. nu 1. And though at his Coronation he take an Oath not to alter the laws of the Land yet this Oath notwithstanding he may alter or suspend any particular Law that seemeth hurtfull to the publique Estate Blackwood in Apologia Regum cap. 11. See Oath of the King Thus much in short because I have heard some to be of opinion That the Laws be above the King But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu 2. for the which look in Oath of the King The Kings Oath in English you may see in the old Abridgement of Statutes titulo Sacram. Regis Fourthly the Kings only Testimony of any thing done in his presence is of as high nature and credit as any Record Whence it commeth that in all Writs or Precepts sent out for the dispatch of Justice he useth none other Witness but himself alwaies using these words under it Teste me ipso Lastly he hath in the right of his Crown many Prerogatives above any common person be he never so potent or honorable whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made anno 17 Ed. 2. though that contain not all by a great number What the Kings power is read in Bracton lib. 2. cap. 24. nu pri 2. King of Heralds Rex Haraldorum is an Officer at Armes that hath the preeminence of this Society See Herald This officer of the Romans was called Pater Patratus Kings Bench Bancus Regius is the Court or Judgement Seat where the King of England was wont to sit in his own person and therefore was it moveable with the Court or Kings houshold And called Curia Domini Regis or Aula Râ—gia as Master Gwin reporteth in the Preface to his Readings and that in that and the Exchequer which were the only Courts of the King untill Henry the Thirds dayes were handled all matters of Justice as well Civil as Criminal whereas the Court of Common Plees might not be so by the Statute anno 9 H. 3. cap. 11. or rather by Master Gwins opinion was presently upon the grant of the great Charter severally erected This Court of the Kings bench was wont in ancient times to be especially exercised in all Criminal matters and Plees of the Crown leaving the handling of private contracts to the County Court Glanvil lib. 1. cap. 2 3 4 lib. 10. cap. 18. Smith de Repub. Anglicana lib. 2. cap. 11. and hath President of it the Lord
Cum Vicecomiti nostro Middlesexiae nupar praeceperimus quod caperct Thomam T. Willielmum W. si invents fuissent in Baliva sua eos salvo custodiret ita quòd haberet copora eorum coram nobis apud Westminster die Veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito transgressionis cumque Vicecomes noster Middlesexiae ad diem illum nobis returnaverit quod praedicti Tho. T. Willielmus W. non sunt iâ—venti inbaliva sua super quo ex parte praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Willielmus latitant discurrunt in Comitatu tuo Idcirco tibi praecipimus quod capias eas si inventi fuerint in baliva tua eos salvo custodias ita quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto de placito pradicto habeas ibi tunc hoc breve Teste Johanne Papham apud Westminster Roper Launcegay anno 7 Richard secundi cap. 13. Law lex commeth of the Saxon lah the general signification is plain only this I thought to note that the Law of this Land hath Leen variable For first Dunwallo Mulmutius otherwise Molincius a Britain that being Duke of Coâ—nwall reduced the whole Land formerly severed by civil wars into the State of a Monarchy made certain wholesome Laws which long after were called Mulmutius Laws and by Gyldas translated out of the British tongue into Latin Stow in his Annals p. 16. Of these there remain yet certain heads recorded by our Historiographers as followeth 1. Ut Deorum templa civitates hominum consequantur tantam dignitatem ne quis illo confugiens extrahi possit antequà m ab eo quem laeserat veniam impetraverit 2. Ut hujusmodi privâ—legium immunitatis habeant etiam ipsae viae qâ—â—â— ducunt ad templa ad urbes 3. Imo et jumenta quoque illa quae res rusticae subveniunt 4. Denique colonorum aratra ip sa tali praerogativa libertatis perfruantur 5. Hoâ— amplius ut ne qua terra vacaret culturâ— neve populus inopia rei frumentariae premeretur aut â—a miniseretur si pecora sola oecuparent agros qui ab hominibus coli debent 6. Constituit quot aratra quaelibet dioecesis haberet ac poenam statui iis per quos illâ— numerus aratrorum foret dimunitus 7. Item vetuit bovem aratorem pro debito pecuniae assignari debitoribus si alia bona debitoris essent Itae fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid earum rerum quas natura praebet hominibus usquam deesse passet Rich. Vitus historiarum Britannâ—a l. 3. n. 1. And of these Laws we find no obscure remanets in our laws now in use See Mag na Charta cap. 1. et cap. 14. See Sanctuary See Peace Then was there a Law called Merchenlage whereby the Mercians were governed being a Kingdom in the heart of the Land containing those Countries that be now called Northampton shire Leicester-shire Rutland-shire Lincoln-shire Nottingham-shire and Derby-shire Camden Britan. pag. 94. whose power was great in the Heptarchie of the Saxons untill at the last they were conquered by the West Saxons and made subject to them Polydor. in Angl. Hist lib. 5. But whereas the name of these Laws favoureth of the Saxons time it is reported by others that Martia a very learned Queen wife to Quintelinus a Britton King was the Author of them long before the Saxons set foot into England Rich. Vitus histo Brittan li. 3. num 14. who also saith that Alfrea the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the law of the West Saxons called West Saxenlage and the law of the Danes when they set foot into the Realm called Denelage And of these Laws Edward made one Law as some write whereby he ruled his Kingdom But M. Camden ubi supra speaking nothing of Mulmutius laws saith out of Gervasius Tilburiensis that of the other three William the Conqueror chose the best and to them adding of the Norman laws such as he thought good he ordained laws for our kingdome which we have at this present or the most of them Law hath an especial signification also wherin it is taken for that which is lawful with us not else where As tenent by the courtesie of England an 13 Ed. 1. c. 3. and again to wage Law vadiare legem and to make law facere legem Bracton l. 3. tract 2. c. 37. is to challenge a special benefit that the Law of this Realm affordeth in certain cases whereof the first sc vadiare legem is to put in security that he will make law at a day assigned Glanvile lib. 1. cap. 9. and to make law is to take an oath that he oweth not the debt challenged at his hand and also to bring with him so many men as the Court shall assign to avow upon their oath that in their Consciences he hath sworn truly And this law is used in actions of debt without specialty as also where a man comming to the Court after such time as his Tenements for default be seised into the Kings hands will deny himself to have been summoned Glanvile l. b. 1. cap. 9. 12. And see Bracton ubi supra num 1. v. Kitchin fol. 164. See the new exposition of law Terms verbo Ley this is borrowed from Normandâ— as appeareth by the Grand Customary cap. 85. But Sir Edward Cook saith it springeth originally from the Judicial law of God lib. 4. of his Reports Slades Case fol. 95. b. alleging the 22 Chapter of Exodus verse 7. Whether so or not the like Custome is among the Feudists by whom they that come to purge the Defendant are called Sacramentales libro Feud 1. titulo 4. sect 3. titulo 10. titulo 26. Law of Arms jus militare is a Law that giveth precepts and rule how rightly to proclame war to make and observe leagues and truce to set upon the enemie to retire to punish offendors in the Camp to appoint souldiers their pay to give every one dignity to his desert to divide spoyls in proportion and such like for farther knowledge whereof read those that write de â—re belli Law day signifieth a Leet Cromptons jurisdict fol. 160. and the County Court anno 1 Edw. 4. cap. 2. Lawles man is he qui est extra legem Bracton lib. 3. tract 2. cap. 11. num prim See Outlaw Law of Marque See Reprisalls This word is used anno 27 Edw. 3. stat 2. cap. 17. and groweth from the German word March i. limes a bound or limit And the reason of this appellation is because they that are driven to this law of reprisall do take the
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenant to a Lord that holdeth over of another Lord and the former of those is called Lord mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is Patron paramount to all the benefices in England Doctor and student ca. 36. See Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf pl. cor fol. 47. Pardon ex gratia Regis is that which the King in some speciall regard of the person or other circumstance sheweth or affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open for if it doe that is a good cause of seisure of the same into the hands of the King as a thing forfeited as a free chase is if it be inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a Pound and taketh out beasts thence which for some trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
the right of his Crown And this word Praerogativa is used by the Civilians in the same sense l. Rescriptum 6. Sect. 4. n. de bono muner But that privilege that the Roman Emperour had above common persons they for the most part comprised sub jurefisciâ—â— de jurefisci per totum tit Co. li. 10. tit 1. Among the Feudists this is termed jusregalium jus regaliorum vel à nonnullis jus regeliarum But as the Feudists sub jure regalium so our Lawyers sub praerogativa regis do comprise also all that absolute heighth of power that the Civillians call majestatem vel potestatem vel jus imperii subject only to God which regalia the Feudists divide into two sorts majora minora regalia For to use their own words Quaedam regalia dignitatem praerogatâ—â—am imperii praeeminentiam spectant quaedam verò ad utilitatem comidum pecu niarium immediatè attinent haec propriè fiscalia sunt adjus fisci pertinent Peregr de jure fisci li. 1. cap. 1. nu 9. See also Arnoldus Chapmarius de arcanis imperii lib. 1. cap. 11. sâ—qq who seemeth to make difference between majectatem jus regaliorum Others make those majora regalia that appertain to the dignity of the Prince and those minera which inrich his coffers Regnerus Sixtinus de jure rega cap. 2. By this it appeareth that the statute of the Kings prerogative made anno 17 Ed. 2. contains not the sum of the Kings whole prerogative but only so much thereof as concerns the profit of his cofers growing by vertue of his regal power and crown for it is more than manifest that his prerogative reacheth much farther yea even in the matters of his profit which that statute especially consisteth of For example it is the Kings prerogative to grant protection unto his debtours against other creditours untill himself be satisfied Fitz. nat br fol. 28. B. to distrein for the whole rent upon one tenent that hath not the whole land Idem fol. 235. A. to require the Ancestors debt of the heir though not especially bound Brit. ca. 28. fol. 65. b. to cease upon mony paid by his debtour into a Court for the satisfaction of an executor Plowden fol. 322. a. to permit his debtours to siew for their debts by a Quo minus in the Exchequer Perkins Graunts 5. to be first paid by one that oweth mony both to him and others Dyer fol. 67. an 20. to take the Lands of accountants into his hands for his own satisfaction Plowd casu Almes fol. 321. 322. to take his action of account against executors codem fol. 320. not to be tyed to the demand of his rent Coke li. 4. fol. 73. a. Now for those regalities which are of the higher nature all being within the compass of his prerogative and justly to be comprised under that title there is not one that belonged to the most absolute prince in the world which doth not also belong to our King except the customes of the nations so differ as indeed they do that one thing be in the one accounted a regality that in another is none Only by the custome of this Kingdom he maketh no laws without the consent of the three Estates though he may quash any law concluded by them And whether his power of making laws be restrained de necessicate or of a godly and commendable policy not to be altered without great peril I leave to the judgement of wiser men But I hold it inconerowlable that the King of England is an absolute King And all learned Politicians do range the power of making laws inter insignia summae absolutae potestatis Majora autem regalia sunt haec clausula plenitudinis potestatis ex ea aliquid statuere leges condere ac eas omnibus singulis dare bellum indicere belli indicendi licentiam alii dare pronunciare it a ut à sent entia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae majestatis legitimare per rescriptum eos qui extra legitimum matrim nium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest jus erigendi scholam quae hodie Universit as vel Academia appellatur etiam jus creandi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones sive notarios jus dandi insignia nobilitatis sive nobiles creandi jus cudendae monetae nova vectigalia instituendi vel instituta vectigalia augendi Sixtinus ubisupra So that those other which are mentioned in libris feudorum and the Interpreters of them are at the least for the most part justly called regalia minora as armandiae viae publicae flumina navigaentia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona que indignis aufer entur bona eorum qui incestum matrimonium contrahunt bona à imnatorum postscriptorum angariae et parangariae extraordinariae ad expeditionem imperatores collationes potestas creandornm magistratuum ad justiciam exequendam argentartae palatia in civitatibus constituta piseationum reditus falinarum reditus bona commitentium crimen laesae majestatis thesaurus inventus By setting down these regalities of both sorts as they are accounted in the Empire and other forein Kingdoms they may be the more easily compared with our Kings prerogatives and so the differences noted between us and them And whereas some things are before reckoned both inter regalia majora et minora the Reader must understand that this may be in divers respects For example the power of raising a tribute or of coyning mony is inter majora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatives belonging to the King of this land which do not bring profit to his coffers immediately and therefore may be accounted inter regalia majora or at the least in a middle or mixt nature or inter majora et minora because by a consequent they tend to the increase of the Kings Exchequer Of these such as I have observed in reading I will set down as they come to my hands without farther curiosity in dividing It is the Kings prerogative that he may not be sued upon an ordinary Writ as tenent to lands but by petition Plowd casu Walsingham f. 553. to have a necessary consent in the approbation of all benefices Idem casu Grendon fol. 499. to waive and to demur and to plead to the issue or to waive the issue and to demur upon the plee of the advers parts yet not to change the issue another term after he and the advers part be once at issue Idem casu Willion fol. 23.6 a. casu
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
ubi supra Accedas ad Vicecomitem is a writ directed to the Coroner commanding him to deliver a writ to the Sheriff that having a pone delivered unto him doth suppress it Regist orig fol. 83. Accessory Accessorius vel Accessorium is used in our Common law otherwise than among the Civilians For whereas with them it is generally taken for any thing depending upon another here though it be so likewise yet most commonly and notoriously it signifieth a man that is guilty of a felonious offence not principally but by participation as by commandment advice or concealment And a man may be accessory to the offence of another after two sorts by the Common law or by Statute and by the Common law two waies also that is before or after the fact Before the fact as when one commandeth or adviseth another to commit a selony and is not present at the execution thereof For his presence maketh him also a principal wherfore there cannot be an accessory before the fact in man-slaughter because man-slaughter is sodain and not prepensed Cook lib. 4. fol. 44. a. Accessory after the fact is when one receiveth him whom he knoweth to have committed selony Accessory by Statute is he that abetteth counselleth or hideth any man committing or having committed an offence made felonie by Statute For though the Statute make no mention of abettours c. yet they are by interpretation included Of all these consult with Stawnf pl. cor lib. 1. cap. 45 46 47 48. There is also an accessory of an accessory as he that wittinglie receiveth an accessory to felony lib. Assis 26. pl. 51. coron Fitz. 197. Stawnf pl. cor lib. 1. cap. 48. And the Law of England is that so long as the principal is not attainted the accessorie may not be dealt with Stawnf ubi supra The reason whereof you may see Cook li. 4. fo 43. b. And this is also true by the Civil Law Claudius de Battandier in pract crim regula 101. at the least untill the principal be certainly known Of this subject read M. Cromprons Justice fol. 37. b. 38 39. Acceptance is a receiving of a rent whereby the Receiver bindeth himself for ever to allow a former fact done by another whether it be in it self good or not New tearms of Law Accompt computus is in the Common law taken for a writ or action brought against a man that by means of Office or business undertaken is to render an account unto another as a Bailiff toward his Master a Guardian in soccage toward his Ward and such others as you shall find particularly named by Fitz. in his nat br fol. 116. where you may also have the form and further use of this writ See ex parte talis Accroche See Encrochment This word Accroche is used an 25 Edward 3. Stat. 3. cap. 8. Achat commeth of the French achet i. emptio nundinatio and is used for a contract or bargain Brook tit Contract Acquittal signifieth in our Common law most ordinarilie a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold acquital in law or acquital in fact Acquital in law is when two be appealed or endicted of felony one is principal the other accessory the principal being discharged the accessory by consequent is also freed And in this case as the the accessorie is acquitted by law so is principal in fact Stawnf pl. cor fol. 168. Acquittance acquietantia commeth from the French quicter or quitter i. accepto ferre or quictance i. acceptitatio apocha and signifieth a release or discharge from a debt formerly due But the verb acquit the participle acquitted and the noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by proclamation Smith de Rep. Anglo pa. 76. Stawnf pl. cor fol. 168. Brook tit Acquittall See the new tearms of Law verbo Acquittal and Acquittance Acquietandis plegiis is a writ lying for a suretie against the creditour that refuseth to acquit him after the debt is paid by the Debtour Regist orig fol. 158. where it appeareth that this is a Justicies Acre acre is a certain quantity of land containing in length 40 perches and four in breadth or to that quantitie be the length more or less And if a man erect any new Cottage he must lay 4 acres of land to it after this measure anno 31 Eliz. ca. 7. and with this measure agreeth Master Crompton in his Jurisdiction of Courts fol. 222. though he say also that according to the divers customes of divers Countries the the Perch differeth being in some places and most ordinarily but 16 foot dimid But in the County of Strafford 24 foot as was adjudged in the case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute made of sowing of Flax anno 24 H. 8. cap. 4. eight score Perches make an acre which is 40 multiplyed by 4. See also the ordinance of measuring of Land made an 34 Ed. 1. statut 1. which agreeth with this acompt The word Acre seemeth to come from the German word acker which is all one with the Latine ager Action actio is defined by Bracton lib. 3. cap. 1. as it is by Justinian lib. 4. Instit titulo de actionibus viz. Actio nihil aliud est quà m jus persequendi in judicio quod alicui debetur Action is principally divided by Justinian in personalem realem by Bracton into personal real and mixt action personal is that which belongeth to a man against another by reason of any contract offence or cause of like force to a contract or offence made or done by him or some other for whose fact he is by law to answer Bract. lib. 3. cap. 3. nu 2. Action real is defined to be that which is given to any man against another that upon any cause possesseth or occupieth the thing requited or sued for in his own name and no other mans and in this only respect that he possesseth or occupieth the thing and none other Bract. ibid. nu 3. and his reason is this quia habet rem vel possidet quam restituere potest vel dominum nominare This definition and reason he farther exemplifieth in the words there following which he that will may read at large Action mixt is that which lyeth as well against or for the thing which we seek as against the person that hath it and is called mixt because it hath a mixt respect both to the thing and the person Bract. lib. 3. cap. 3. nu 5. For example the division of an Inheritance between co-heirs or co-partners called in the Civil law actio familiae exciscundae secondly the division of any particular thing being common to more called likewise actio de communi dividundo and this kind of action saith Bracton doth seem to be mixt because it lyeth as well against the thing as the person and indeed so do other excellent Civilians as Cuiacius and
2. ca. 11. and by anno 5 R. 2. statut 2. ca. 4. it may be probably conjectured that they were antiently called by summons to the court of Parliament And anno 13 R. 2. stat 2. ca. 1. we find That a Baneret for praying a pardon for a murtherer contrary to that statute is subject to all one punishment with a Baron Johan Gregorius Tholosanus li. 6. ca. 10. sui syntagmatis num 9. hath these words In Gallia sunt duae species affines nobilium feudorum quas dicunt de Benneretz Barons bennerettus jure suae dignitatis antequam talis dici mereatur nobilis esse debet genere in quarto gradu possidens in ditione decem scutarios bachalarios armorum id est decem vasallos habens sufficiens patrimonium quo possit secum ducere quatuor aut quinque nobiles comites continuos cum equitibus duodecim aut sexdecim Fit autem Benneretus cùm princepts jusmodi personae concedit vexilli jus ex vexillo peditum in acie vel extra die solenni sacris peractis adimit acumina Vocant la queve de pennon fitque labarum i. equitum vexillum vocant cornette eumque equitem facit si jam non est Quòd si ditior his fiat benneretus et habet unam be neretam aut sex equites bachalarios qui possideant singuli in censum sexcent as libras ex ejus ditione seu feudo tunc possunt ex licentia principis baronis nomen sibi adsciscere Bans bannus vel bannum signifieth a publique notice given of any thing The word is ordinary among the Feudists and grown from them to other uses as to that which we here in England call a proclamation whereby any thing is publikely commanded or forbidden Vincentius de Franchis descis 521. 360. Hottoman verbo bannus in verbis feudalibus saith that there is both bannus and bannum and that they signify two divers things His words are these Bannus sive bannū duo fignificat Edictū qua die vasalli equis armisque instructi ad commitatum adesse debent et sanctionem hoc est mulctam edicto non parentis which he confirmeth by divers authorities This word bans we use here in England especially in the publishing of matrimonial contracts in the Church before mariage to the end that if any man can say against the intention of the parties either in respect of kindred or otherwise they may take their exception in time And in the Canon law Banna sunt proclamationes sponsi et sponsae in ecclesiis fieri solitae ca. 27. extra de sponsal et ca. ult qui matrimonium accus pos ca. ult de clan despons Yet our word Banuing seemeth to come thence being nothing but an exclamation of another Only Bracton once maketh mention of Banuus Regis for a proclamation or silence made by the Cryer before the congresse of the Champions in a Combat Lib. 3. tract 2 cap 21 Bank bancus commeth of the French Banque i. mensa In our Common Law it is most usually taken for a seat or bench of judgement as bank le Roy the Kings bench bank de Common plees the Bench of Comōnplees or the Common Bench Kitchin f. 102. called also in Latine bancus regius bancus communium placit Crompt juris fo 67 91. Camden in his Britannia pag. 112. 113 in meo calleth them also Bancum regium et Bancum communem See Frank bank Bankrupt alias brankrout commeth of the French banque route and faire banqueroute with the French is as much as foro cedere solum vetere with the Romanes The composition of the French word I take to be this banque i. mensa et route i. vestigium metaphorically taken from the sign left in the earth of a table once fastned unto it and now taken away So that the originall seemeth to have sprung from those Roman mensarii which as appeareth by many writers had their tabernas et mensas in certain publique places wherof when they were disposed to fly an deceive men that had put them in trust with their monies they left but the signes or carkasses behind them I know that others of good learning and M. Skene for one bring this à banco rupto but the French word worketh in me this other opinion for after their sense the French should rather be banque rompu Bankerupt with us signifieth him or his act that having gotten other mens goods into his hands hideth himself in places unknown or in his own private house not minding to pay or restore to his creditours their duties anno 34 Hen. 8. cap. 4. where the French phrase Faire banque route is translated to the word to make Bankrupt A Bankrupt anno 1 Jacobi ca. 15. is thus described All and every such person and persons using or that shall use the trade of merchandise by way of bargaining exchange bartery chevisance or otherwise in grosse or by seeking his her or their trade of living by buying and selling and beeing a subject born of this realm or any the kings dominions or Denizen who at any time since the first day of this present Parliament or at any time hereafter shall depart the realm or begin to keep his other house or houses or otherwise to absent him or her self or take Sanctuarie or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares fould or any other just or lawful canse or good consideration or purposes or hath or will suffer him or her self to be outlawed or yeeld him or herself to prison or willingly or fraudulently hath or shall procure him or her self to be arested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling-house or make or cause to be made any fraudulent grant or conveiance of his her or their lands tenements goods or chattels to the intent or whereby his her or their creditours being subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true debt or being arrested for debt shall after his or her arrest lye in prison six moneths or more upon that arrest or any other arrest or detention in prison for debt and lye in prison six moneths upon such arrest or detention shall be accounted and adjudged a Bankrupt to all intents and purposes Banishment ex lium abjuxatio cometh of the French bannissement hath a signification known to every man But there be two kinds of Banishment in England one voluntary upon oath whereof you may read Abjuration the other upon compulsion for some offence or crime as if a lay-man succor him that having taken Sanctuary for an offence obstinately refuseth to abjure the Realm he shall lose his life and member if a Clerk do so he sholl be banished Stawnf pl. cor fol. 117. This punishment is also of our modern Civilians
common consent in the Courts called birlaw courts In the which cognition is taken of complaints betwixt neighbour neighbour which menso chosen are Judges and Arbitratours to the effect aforesaid and are called birlaw men For bawr or bawrsman in Dutch is rusticus so birlaw or burlaw leges rusticorum Hitherto M. Skene Bilinguis though it signifie in the generality a double tongued man yet in our Common law it is used for that Jury that passeth between an English man and an alien Whereof part must be Englishmen and part strangers an 28 Ed. 3. cap. 13. Bille billa is diversly used among our Common lawyers First as West saith pa. 1. symb lib. 2. sect 146. it is all one with an obligation saving that when it is in English it is commonty called a bill and when it is in Latin an obligation But I hear other good Lawyers say that a bill though it be obligatory yet is without condition or forfeiture for non payment and that the obligation hath both Bill secondly is a declaration in writing that expresseth either the grief and the wrong that the complainant hath suffered by the party complained of or else some fault that the party complained of hath committed against some law or statute of the Common-wealth This bill is sometime offered up to Justices errants in the general assises sometime and most of all to the Lord Chancellor of England especially for unconscionable wrongs done sometime to others having jurisdiction accordingly as the law where upon they are grounded doth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Symbol titulo supplications sect 52. whom you may reade at large touching this matter Billa vera is as it were a word of art in our Common law For the grand enquest empaneled and sworn before the Justices in Eyre c. indorsing a bill whereby any crime punishable in that Court is presented unto them with these two words do signifie thereby that the present or hath furnished his presentment or denunciation with probable evidence and worthy of farther consideration And thereupon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer unto it either by confessing or traversing the indictment And if the crime touch the sife of the person indicted it is yet referred to another enquest called the enquest of life and death who if they find him guilty then he standeth convicted of the crime and is by the Judge to be condemned to death See Ignoramus see Indictment Billets of gold commeth of the French billot i. massa auri anno 27 Edw. 3. stat 2. ca. 14. Bynny peper anno 1 Jaco ca. 19. BL Black maile is half English half French For in French maille signifieth a small piece of money which we call a half peny It signifieth in the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresme a certain rate of money corn cattel or other consideration paid unto some inhabiting upon or near the borders being men of name and power allied with certain known to be great robbers and spoil-takers within the said Counties to the end thereby to be by them fteed protected and kept in safetie from the danger of such as doe usually robbe and steal in those parts anno 43. Eliz. cap. 13. Blacke rodde is the huissier belonging to the order of the Garter so called of his black rodd that he carrieth in his hand He is of the Kings chamber and also huissier of the parliament Blancks commeth of the French blanc i. candidus albus It signifieth a kind of coin that was coine in the parts of France by King H. the fifth that were subject to England the value whereof was eight pence Stowes annals pag. 586. These were forbidden to be current within this Realm an 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold coyned which was called a Salus of the value of twenty-two shillings from which this silver was in name distinguished by the colour Bloudy hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be termed a Finary The use whereof if you will understand you must know that first there is a furnace wherein the mine-stones are melted and cast into a raw iron fashioned into long wedges three square that be called sows Then be there two forges like unto Smiths forges but much bigger the one whereof is called the blomary or as it seemeth the finary into the which being maintained with a charcole fire blown with bellowes made to goe by water are cast the said sowes of raw iron and melted again and by a workman called the finary man are wound and wrought round and afterward beaten by a hammer into â—ittle wedges about a yard long which are called bloomes Then is there another forge called the Hammer into which these bloomes are cast and by a workman called the Hammer man again chafed and made soft in a charcole fire blown likewise with bellowes caused to goe by water and after carried by the said Hammerman and put under the great Hammer also driven by the water And so the said bloomes are drawn fashioned and made into such barts of iron of divers sorts and forms as we see commonly sold Of this you may read in the Statute an 27 Elizab. ca. 19. See Baye Bloudwit blodwita is compounded of two Saxon words blout i. sanguis and wit for the which we have the word wite still in the West parts of England signifying a charging of one with a fault or an upbraiding And Speight in his expositions upon Chawcer saith that to twit is as much as to blame To twit in some other places of this land signifie has much as to hitt in the teeth or to upbraid This bloudwit is a word used in charters of liberties antiently graunted and signifieth an amercement for shedding of bloud So that whosoever had it given him in his Charter had the penaltie due for shedding of bloud granted unto him Rastal in his exposition of words Skene de verbo signif writeth it bludveit and saith that veit in English is injuria vel misericordia and that bludveit is an amercement or unlawe as the Scottishmen call it for wrong or injury as bloudshed is For he that is infest with bludveit hath free liberty to take all amercements of Courts for effusion of bloud Fleta saith quod significat quietantiam misericordiae pro effusione sanguinis li. 1. ca. 47. BO Bockland See Charterland See Copie-hold and Free-hold Bonis arrestandis is a writ for the which See Arrestandis bonis Bonis non amovendis is a writ to the Shyreevs of London c. to charge them that one condemned by judgement in an action and prosecuting a
from the verb couvar i. tegere It is particularly applyed in our Common law to the estate and condition of a married woman who by the lawes of our Realm is in potestute viri and therefore disabled to contract with any to the prejudice of her self of her husband without his consent and privity or at the least without his allowance and confirmation Broke hoc tit per totum And Bracton saith that omnia quae sure uxorit sunt ipsius viri nec habet uxer potestatem sui sed vir L◠2. cap. 15. and that vir est caput mutieris li. 4. cap. 24. and again that in any law-matter sine viro respondere non potest li. 5. tract 2. cap. 3. and tract 5. cap. 23. ejusdem libri hee hath words to this effect Vir uxor sum quasi unica persona quia caro una sanguis unus Res licet sit propria uxoris vir tamen ejus custos cùm sit caput mulieris and lib. 1. cap. 10. nu 2. Uxores sunt sub virg a viri And if the husband alienate the wifes land during the mariage she cannot gainesay it during his life See Cui ante divortium and Cui in vita Covine covina is a deceitfull assent or agreement between two or more to the prejudice or hurt of another New terms of Law It commeth from the French verb convenancer i. depascisci or rather convenir i. convenire Coucher signifieth a Factour that continueth in some place or Countrey for trasique anno 37. Ed. 3. cap. 16. It is used also for the generall book into which any Corporation entreth their particular acts for a perpetuall remembrance of them Counte commeth of the French coumpte i. subductus computatio ratio or of emote i. warratio It signifieth as much as the original de claration in a process though more used in reall actions than personall as declaration is rather applyed to personall than reall Fitz. nat br fol. 16. A. 60. D. Pl. 71. A. 191. E. 217. A. Libellus with the Civilians comprehendeth both And yet count and declaration be confounded sometimes as Count in debt Kitchin fol. 281. count or declaration in appeal pl. cor fol. 78. Count in trespasse Britton ca. 26. Count in an action of Trespasse upon the case for a slander Kuchin fol. 252. This word seemeth to come from France and Normandy For in the grand Custumary ca. 64. I find Contours to be those which a man set teth to speak for him in court as advocates and cap. 63. Pledurs to be another sort of spokes-men in the nature of Atturneys for one that is himself present but suffereth another to tell his tale Where also in the 65. chapter Atturney is said to be he that dealeth for him that is absent See this text and glosse upon those 3. chapters Camntours by Horn in his Mirror of Justices li. 2. ca. Des loyers are Sergeants skilfull in the law of the Realm which serve the common people to pronounce and defend their actions in judgement for their fee when occasion requireth whose duty if it be as it is there described and were observed men might have much more comfort of the Law than they have Countenance seemeth to be used for credit or estimation Old nat br fo 111. in these words Also the attaint shall be granted to poor men that will swear that they have nothing whereof they may make Fine saving their countenance or to other by a reasonable Fine So is it used anno 1. Ed. 3. stat 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levie with their oaths without abating the Debtors countenance Counter computatorium seemeth to come of the Latine computare or the French counter For we use it for the name of a prison whereinto he that once slippeth is like to acconut ere he get out Counter-plee is compounded of two French words contre i. contra adversus and pleder i. causam agere it signifieth properly in our Common law a replication to ayde prier For when the Tenent by cour esie or in dower prayeth in ayde of the King or him in the teversion for his better defence or else if a stranger to the action begun desire to be received to say what he can for the safegard of his estate that which the demandant allegeth against this request why it should not be admitted is called a counter-plee See Broke tit And in this signification it is used anno 25. Ed. 3. stat 3. cap. 7. See also the new Termes of Law and the Statute anno 3. Ed. 1. cap. 39. County comitatus signifieth as much as Shire the one descending from the French the other from the Saxons both containing a circuit or portion of the Realm into the which the whole land is divided for the better government thereof and the more easie administration of justice So that there is no part of the Kingdome that lieth not within some County and every County is governed by a yearly officer whom we call a Sheriff which among other duties belonging to his office putteth in execution all the Commandements and Judgements of the Kings courts that are to be executed within that compasse Fortescue cap. 24. Of these Counties there be four of especiall mark which therefore are termed Counties Palatines as the Countie Palatine of Laucaster of Chester of Durham of Ely an 5. Eliz. 1. ca. 23. I read also of the Countie Palatine of Hexam an 33. H. 8. ca. 10. Unde quaere And this County Palatine is a Jurisdiction of so high a nature that whereas all Plees touching the life or mayhem of man called Plees of the Crown be ordinarily held and sped in the Kings name and cannot passe in the name of any other the chief governours of these by especial charter from the King did heretofore send out all writs in their own name and did all things touching Justice as absolutely as the Prince himself in other Counties only acknowledging him their Superiour and Soveraign But by the Statute anno 27. H. 8. ca. 25. this power is much abridged unto the which I refer the reader as also to Crom. Juris fol. 137. for the whole course of this court Besides these Counties of both sorts there be likewise Counties Corporate as appeareth by the Statute anno 3. Ed. 4 5. And these be certain Cities or antient Boroughs of the land upon which the Princes of our Nation have thought good to bestow such extraordinary liberties Of these the famous Citie of London is one and the principall York another an 32. H. 8. cap. 13. the City of Chester a third an 42. Eliz. cap. 15. Canterbury a fourth Lamb. Eire lib. 1. cap. 9. And to these may be added many more but I have only observed out of the statutes other writers the County of the Town of Kingston upon Hull anno 32. H. 8. cap. 13. the County of the Town of Haverford West
restraint For the Law holdeth this not good but rather supposeth it to be constrained Broke in his Abridgement joyneth Dures and Manasse together i. duritiam minas hardness and threatning See the new Book of Entries verbo Dures And the New Terms of Law EA EAldermans Aldermannus among the Saxons was as much as Earl among the Danes Cambden Britan. pag. 107. If ye go to the true etymologie of the word me thinkoth it should sound more generally so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Graecians or Senator with the Romans who were rather Counsellors at large than bestowed upon any particular office as Comites were See Coun. ie And that signification we retain at this day almost in all our Cities and Boroughs calling those Aldermen that are Associates to the Chief Officer in the common Councel of the Town anno 24 H. 8. cap. 13. or sometime the chief Officer himself as in Stawnford Earl Comes in M. Cambdens opinion pag. 107. is a word made by the Danes of Ealderman a word of the Saxons M. Lamberd seemeth notwithstanding to acknowledge that Earl is originally a Saxon word Explica of Saxon words verbo Paganus and interpreteth it Satrapam which word the Romans borrowing of the Persians applyed to those that were praefecti provinciarum M. Verstegan in his restitution of decayed Intelligence deriveth it from two Netherland words ear i. honor and ethel i. nobilis wherein I leave the Reader to his own iudgement This title in ancient time was given to those that were Associates to the King in his Counsels and Marshal actions as Comes was to those that followed the Magistrates in Rome and executed their offices for them as their Deputies and died alwayes with the man Zasius hath of this word thus much Comitum originem in Doctoribus non invenimus sed noveris eam dignitatem vetustissimam esse Nam Cor. Tacitus in libello de Germania scribit apud priscos usu fuisse receptum ut cuilibet Principi seu Duci exercitus duodecim comites assignarentur ideo dictos quia comitarentur eos à Ducum latere non decederent Comitatum it aque originem Germanis moribus or tum esse dictus receptissimus autor testis est Quapropter quod in duodecimo libro codicis aliqui tituli de Comitibus largitionum c. inscribuntur usurpationem Imperatoris ex Germanorum ritibus sumptum credo But the Conqueror as M. Cambden saith gave this dignity in Fee to his Nobles annexing it to this or that County or Province and allotted them for their maintenance a certain proportion of money rising from the Princes profits for the pleadings and forfeitures of the Province For example he bringeth an ancient Record in these words Henricus 2. Rex Angliae his verbis Comitem creavit Sciatis nos fecisse Hugonet Bigot Comitem de Nortfolk sc de tertio denario de Norwic. Nortfolk sicut aliquis Comes Angliae libertus comâ—tatum suum tenet Which words saith the same Author an old book of Battel Abbey thus expoundeth Consuetudinaliter per totam Angliam mos antiquitùs inoleverat Comites provinciarum tertium denarium sibi obtinere inde Comites dicti And another book without name more fully Comitatus à Comite dicituâ— aut vice versa Comes autem est quia tertiam portionem corum quae de placitis proveniunt in quolibâ—t Comitatu percipitâ— Sed non omnes Comites ista percipiunt sed bit quibus Rex baereditariò aut personaliter concessit You may read M. Fern in Lacy's nobility something to his effect pag. 12. But he saith that one Duke or Earl had divers Shires under his government as a Viceroy and had Lieurenants under him in every particular Shire called a Sheriff That one Earl was dignified by the appellation of more than one Sheriff it appeareth by divers of our ancient Statutes as namely by the sentence of Excommunication pronounced by the Bishops against the infringers of the great Charter and Charter of the Forest anno 38 H. 3. Roger Bigot is named Earl both of Northfolk and Southfolk and anno 1 Ed. 3. Thomas Earl of Lancaster and Leycester Humfrey Bohun Earl of Hereford and Essex Dyer fol. 285. num 39. At these dayes as long since the Kings of England make Eearls by their Charters of this or that County giving them no authority over the County nor any part of the profit rising of it but onely some annual stipend out of the Exchequer rather for honours sake than any great commodity And these be in other Nations accounted Earles improperly Quià illi dicuntur verè Comites quibus datur Comitatus in feudum illi Comites abusivè qui non habent administrationem Vincentius de Franchis descis 115. num 7. The manner of creating Earles is by girding them with a Sword Camden pag. 107. but see the solemnity thereof described more at large in Stowes annals pag. 1121. The occasion why these Earles in latter times have had no sway over the County wherof they bear their name is not obscurely signified in Sir Tho. Smith l. 2. cap. 14. where he saith that the Sheriff is called Vicecomes as Vicarius Comiâ—is following all matters of Justice as the Earl should do and that because the Earl is most continually attendant upon the King in his wars or otherwise So that it seemeth that Earls by reason of their high employments being not able to follow also the businesse of the County were delivered of all that burthen and onely enjoyed the honour as now they do And the Sheriff though he be still called Vice-comes yet all he doth is immediatly under the King and not under the Earl See Countie and see Hotoman de verb. feudal verb. Comes and Cassan de consuetud Burg. pag. 12. Easement esamentum is a service that one Neighbour hath of another by Charter or prescription without profit as a way through his ground a sink or such like Kitchin fol. 105. which in the Civil law is called Servitus praedii EE Eele fares alias Eele Vare anno 25 H. 8. be the frie or brood of Eeles EG Egyptians Aegyptiani are in our Statutes and Laws of England a conterfeit kind of Rogues that being English or Welsh people accompany themselves together disguising themselves instrange robes blacking their faces and bodies and framing to themselves an unknown Language wander up and down and under pretence of telling of Fortunes curing diseases and such like abuse the ignorant common people by stealing all that is not too hot or too heavie for their carriage anno 1. 2 Philip. Mar. cap. 4. anno 5 Eli. cap. 20. These are very like to those whom the Italians call Cingari of whom Franciscus Leo in suo thesauro fori Ecclesiastici parte prim cap. 13. thus writeth Cingari qui corrupto vocabulo quandoque etiam Saraceni nominantur permissione principum ac aliorum dominorum per Italium vagantur nec unquam
was the Court never restored but all matters therein wont to be handled were transferred to the Exehequer See Annats Fishgarth anno 23 H. 8. cap. 18. Fitche See Furre Fitzherberd was a famous Lawyer in the dayes of King Henry the eighth and was chief Justice of the Common plees he wrote two worthy Books one an Abridgement of the Common Laws another intituled De Natura Brevium FL Fledwit cometh of the Saxon word Fled that is a fugitive wit which some make but a termination signifying nothing of it self howbeit others say it signifieth a reprehension censure or correction It signifieth in our ancient Law a discharge or freedom from amercements when one having been an Out-lawed fugitive cometh to the peace of our Lord the King of his own accord Rastal Exposition of words or being licensed New Terms of Law See Bloodwit and Childwit See Fletwit Fleet Fleta a famous prison in London so called as it seemeth of the River upon the side whereof it standeth Cambden Britannia pag. 317. Unto this none are usually committed but for contempt to the King and his Laws or upon absolute commandement of the King or some of his courts or lastly upon debt when men are unable or unwilling to satisfie their Creditours Flemeswit or rather Flehenswit cometh of the Saxon word Flean which is a contract of Flegen that is to fly away It signifieth with our Lawyers a liberty or Charter whereby to challenge the Cattel or amercements of your man a fugitive Rastal Exposition of words See Bloodwit Fleta writeth this word two other wayes as Flemenes frevie or Flemesfreict he and interpreteth it habere catalla fugitivorum lib. 1. cap. 47. Fleta is a feigned name of a learned Lawyer that writing a Book of the Common laws of England and other antiquities in the Fleet termed it thereof Fleta He seemeth to have lived in Edward the seconds time and Edward the thirds idem lib. 1. cap. 20. § qui ceperint lib. 2. cap. 66 § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flitchtwit is a liberty to Courts and to take up the amercements pro melletis he giveth the reason because Flitcht is called Flitting in French Melle which sometime is conjoyned with handstroke And in some books Placitum de meltis is called the moot or plee of beating or striking Flight see Finer Florences an 1 R. 3. cap. 8. a kind of cloath so called Flotson aliâs Flotzam is a word proper to the Seas signifying any goods that by shipwrack be lost and lye floting or swimming upon the top of the water which which Jetson and lagon and shares be given to the Lord Admiral by his Letters Patents Jetson is a thing cast out of the Ship being in danger of wreck and beaten to the Shore by the waters or cast on the Shore by the Mariners Coke vo 6 fol. 106. a Lagon aliâs Lagam vel Ligan is that which lieth in the bottom of the Sea Coke ibid. Shares are goods due to more by proportion FO Foder fodrum signifieth in our English tongue a coarse kind of meat for Horses and other Cattel But among the Feudists it is used for a prerogrative that the prince hath to bee provided of corn and other meat for his horses by his subjects toward his Warrs or other expeditions Arnoldus Clapmarius de arcunis Imperii lib. 1. cap. 11. And read Hotomaa de verbis feudalidus literaf Folgheres or rather Folgers be followers if wee interpret the word according to the â—rue signification Bracton sayth it signifieth Eos qui alii deserviunt Lib. tertio tract 2. cap. 10. Folkmoot is a Saxon word compounded of Folk i. populus and Gemeitan i. convenire It signifieth as M. Lambeâ—t saith in his exposition of Saxon words verbo Conventus two kind of courts one now called the County court the other called the Sheriffs Turn This word is still in use among the Londoners and signifieth celebrem ex omni civitate conventum Stow in his Survey of London But M. Manwood in his first part of Forest laws pag. 111. hath these words Folkemore is the Court holden in London wherein all the folk and people of the Citie did complain on the Maior and the Aldermen for mis-government within the City Forbarre is for ever to deprive anno 9. Rich. 2. ca. 2. Force forcia is a french word signifying vim nervositatem fortitudinâ—m virtutem in our Common law it is most usually applyed to the evill part and signifieth unlawfull violence West thus defineth it Force is an offence by which violence is used to things or persons parte 2. symbol titulo Indictments Sect. 65. where also he divideth it thus Force is either simple or compound Simple is that which is so committed that it hath no other crime adjoined unto it as if one by force doe only enter into another mans possession without doing any other unlawfull act here Mixt force is that violence which is committed with such a fact as of it self only is criminal as if any by force enter into another mans possession and kill a man or ravish a woman there c. he farther divideth it into true force and force after a sort and so proceedeth to divers other branches worth the reading as forceable entry forceable detaining unlawful assembly Rowtes Riots Robellions c. Forceable det aining or witholding of possession is a violent act of resistance by strong hand of men weaponed with harness or other action of fear in the same place or elsewhere by which the Lawful entry of Justices or others is barred or hindred West parte 2. symb titulo Inditements Sect. 65. M. of this see Cromptons Justice of pe ce fol. 58. b. c. usq ad 63. Forcible entrie Ingressus mann forti factua is a violent actuall entry into a house or land c. or taking a distresse of any person weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of the possession thereof West par 2. symb titulo Indictments sect 65. L. of this see Cramptons Justice of peace f. 58. b. 59. c. usq 63. It is also used for a writ grounded upon the Stat. aâ— 8. H. 6. c. 9. wherof read Fiaz nat br at large f. 248. See the new book of Entries verbo Forcible Entrie See Lamb. definition in â—emain â—asâ—â—s Firen l. 2. ca. 4. pag. 145. Forem faâ—infocus commeth of the French forain i. exterus extornus it is used adjectively in our Common law and joyned with divers substantives in senses not unworthy the exposition as Forain matter that is matter triable in another County pl. co fol. 154. or matter done in another County Kitchin fol. 126. For. inplea forinsecum placiâ—um is a refusall of the Judge as incompetent because the matter in hand was not within his precincts Kitchin fo 75. an 4. H. 8. cap. 2. anno 22 ejusdem cap.
disavow or forsake whatsoever right he hath unto them See the Statute anno 10. Edward 1. cap. unico Forstall is to be quit of amerciaments and cattels arrested within your land and the amerciaments thereof comming New terms of law Forstalling forstallatio is partly French for estaller is in that tongue as much as merces exponere expedice explicare or to shew wares in a Market or Fair. It signifieth in our Common law the buying or bargaining for any victuals or wates comming to be sold toward any Fair or Market or from beyond the Seas toward any City Port Haven Creek or road of this Realm and before the same be there anno 51. H. 3. stat 6. West parte 2. Symbol titulo indictments sect 64. Forstaller in Cromptonâ— Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest from returning home again or laying between him and the Forest in the way that he is to return See Regratours and Engrossers See Cromptons Justice of peace fol. 69. a. The Author of the new terms of Law defineth it thus Forstalling Forstallamentum is the buying of Corn Cattell or other Merchandise by the way as it cometh toward the Fair or Market to be sold to the intent to sell the same again at a more high and deer price Fleta saith thus of it significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. cap. 47. Fortescue was a learned Lawyer and Lord Chanceller in Henry the 6. daies who writ a book in the commendation of our Common Laws Fortlet forte letum cometh neer the French fortlet i. valenticulus forticulus and signifieth in our Common law a place of some strength Old nat br fol. 45. This in other Countries is written fortalitium and signifieth castrum Scraderus select practabil quaest sect 12. num 7 8. Fother is a weight of twenty hundred which is a wain or cart load Speight in his Annot upon Chawcer Fourche Afforciare seemeth to come of the French Fourchir i. tiâ—ubare lingua and signifieth in our Common law a putting off prolonging or delay of an action and it appeareth no unpleasant Metaphor for as by stammering we draw out our speech not delivering that wee have to say in ordinary time so by fourching wee prolong a sute that might be ended in a shorter space To fourch by essoin Westm 1. cap. 24. anno 3. Edw. pri where you have words to this effect Coparceners Jointenants and Tenents in common may not fourch by essoin to essoin severally but have only one essoin as one sole tenent may have And anno 6. Edw. 1. ca. 10. You have it used in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest See Expeditate And to be quit of footgeld is a privilege to keep dogs within the Forest unlawed without punishment or controlement Cromptons Jurisd fol. 197 Manwood parte pri of his Forest Laws pag. 86. Fowles of warren See Warren Founder is he that melteth metal and maketh any thing of it by casting it into a mould c. anno 17. Rich. 2. cap. 1. derived of the verb fundere to powre FR Franthise libertas franchesia cometh of the French franchise so signifying it is taken with us for a privilege or an exemption from ordinary jurisdiction and sometime an immunity from tribute It is either personall or reall Crompt Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of immunity whereof he is either chief or a member In what particularly things franchises commonly consist See Britian cap. 19. Franchise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine seemeth to be that where the Kings writs run not as Chester and Durham they are called Seignories royal anno 28. H. 6. cap. 4. The author of the new Terms of law saith that franches royal is where the King granteth to one and his heirs that they shall be quit of tolle or such like See franchise in the new book of Entries See Bracton lib. 2. cap. 5. See Sac. Frank almoin libera Eleemozyna in french frank Ausmone signifieth in our Common law a tenure or title of lands Britton cap. 66. num 5. saith thus of it Frank almoyne is lands or tenements bestowed upon God that is given to such people as bestow themselves in the service of God for pure and perpetual almes whence the Feoffours or givers cannot demand any terrestiall service so long as the lands c. remain in the hands of the Feoffees With this agreeth the grand Costumary of Normandie cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol 211. See the new book of Entries verbo Frank almoin But Britton maketh another kind of this land c. which is given in almes but not free almes because the tenents in this are tyed in certain services to the Feoffour Britton ubi supra Frank bank francus bancus in true french franc bank signifieth word for word a free bench or seat and among our Law-writers it seemeth to be used for Copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum et tenent nomine dotis Fitz. calleth it a custome whereby in certain Cities the wife shall have her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a liberty of feee chase whereby all men having ground within that compasse are prohibited to cut down wood or discover c. without the view of the Forester though it be his own Demesn Cromptons Jurisdictions fol. 187. Frank fee feudum francum seis liberum is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being antient demesn of the Crown viz. the Demesns is called frank fee and that which is in the hands of the tenents is ancient demeasn only see the Register orign fol. 12. a. Whereby it seemeth that that is frank fee which a man holdeth at the Common law to himself and his heirs and not by such service as is required in antient demesn according to the custome of the mannor And again I find in the same book fol. 14. b. a note to this effect that the lands which were in the hands of King Edward the Saint at the making of the book called Doomesday is antient demesn and that all the rest in the Realm is called frank
died in pound Kitchin fol. 145. or if he claim a propriety in the Cattel sued for Terms of the Law To wage law what it is see in his place verbo Law See Mortgage Gager deliverance See Gage Gayle See Gaol Gainage Wain agium is â—eer to the French Gaignage i. quaestus lucrum and signifieth in our Common law the land held by the baser kind of Sokemen or Villeins Bracton lib. 1. cap. 9. where he hath these words speaking observants Et in hoc legem habet contra dominos quòd stare possunt in judicio contra eos de vita membris propter saevuiam dominorum vel propter intolerabilem injuriam Ut si eos destruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And again lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictum fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in West 1. cap. 6. anno 3. Ed. prim is called Gaynure and again cap. 17. and in magna charta cap. 14. it is called Wainage I find it in the Old nat br fol. 117. called Fainor v.z. in these words The Writ of Aile was praecipe c. quòd reddat unam bovatam terrae unam bovatam marisci and â—he Writ was abated for that the oxegang is alwayes of a thing that lyeth in gainor I think this word was used of lands usually plowed because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own pains toward their sustenance nor any other title but at the Lords will Gainor again in the same book fol. 12. is used for a Sokeman that hath such land in his occupation In the 32. Chapter of the Grand Custumary of Normandie Gergneurs be ruricolae qui terras eleemozynatas possidem and Britton useth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoveries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13 Ed. 3. fol. 3. nor de selione terrae Edw. 1. for the uncertainty because a selion which is a land sometime containeth an acre sometime half an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13.8 H. 63.22 Ed. 4.13 de virgata terrae 41.43.13 Ed. 3. de fodina de minerade mercatu 13 E. 3. for they be not in demesn but in gain c. Lastly in the statute of distresses in the Exchequer anno 51 Hen. 3. I find these words No man of religion nor other shall be distreined by his beasts that gain the land Galege galicae seemeth to come of the French galloches which signifieth a certain kind of shoo worn by the Gaules in foul weather of old times I find it used for some such Implement anno 4 Ed. 4. cap. 7. anno 14. 15 H. 8. c. 9. where is written plainly Galoches Galingal cyperus is a medicinal herb the nature and diversity whereof is expressed in Gerards Herbal lib. 1. cap. 22. The root of this is mentioned for a drugge to be garbled anno 1 Jacob. cap. 19. Gallihalpens were a kind of coin forbidden by the statute anno 3 H. 5. cap. 1. Galloches See Galege Galls Gallae be a kind of hard fruit like a nut but rounder growing of the Tree called in Latine galla The divers kinds and uses whereof Gerard expresseth in his Herbal lib. 3. c. 34. This is a drug to be garbled an Ja. c. 19. Gaol gaola cometh of the French Geole i. caveola a cage for birds but is metaphorically used for a prison Thence cometh Geolier whom we call Gayler or Gaoler Garbe Garba cometh of the French garbe altâs gerbe i. sascis It signifieth with us a bundle or sheaf of corn Charta de Foresta cap. 7. and garba sagittarum is a sheaf of arrowes Skene de verb. significat verbo Garbae Garbling of bow-staves anno 1 R. 3. cap. 11. is the sorting or culling out the good from the bad As garbling of Spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seem to proceed from the Italian garbo that is finesse neatnesse Gard Custodia cometh of the French garde being all of one signification It signifieth in our Common law a custodie or care of defence but hath divers applications sometimes to those that attend upon the safety of the Prince called Yeoman of the Guard sometime to such as have the education of children under age or of an Idiot sometime to a Writ touching Wardship Which writs are of three sorts one called a right of Guard or Ward in French droit de gard Fitzh nat br fol. 139. The second is ejectment de gard Idem fol. 139. L. The third is ravishment de gard Idem fol. 140. F.G. See Gardein see Ward Gardein Custos cometh of the French Gardien and yet the German Warden is neer unto it It ligniheth generally him that hath the charge or custodie of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselves and their own affairs as Children and Idiots being indeed as largely extended as both Tutor and Curator among the Civilians For where as Tutor is he that hath the government of a youth untill he come to fourteen yeers of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to five and twenty years or that hath the charge of a frantick person during his lunacie the common Lawyers use but onely Gardien or Gardian for both these And for the better understanding of our English law in this thing you must know that as Tutor is either Testamentarius or à Praetore datus est ex lege Atilia or lastly legitimus so we have three sorts of Gardeins in England one ordained by the Father in his last will another appointed by the Judge afterward the third cast upon the Minor by the law and custome of the land Touching the first a man having goods and Chattels never so many may appoint a Gardein to the body or person of his child by his last VVill and Testament until he come to the age of fourteen years and so the disposing or ordering of his substance until what time he thinketh meet and that is most commonly to the age of 21 years The same may he do iâ— he have lands to never so great a value so they hold not in capite of the King nor oâ— any other Lord by Knights service And in the former case if the Father appoint no Gardein to his Child the Ordinary
number of a mans company or by his or their weapons or harnesse Whereof see more in that learned Writer in the same Chapter as also in M. Cromptons Justice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good Country Bona patria is an Assise or Jury of Country-men or good neighbours Skene de verbo signif verbo Bona patria GR Graffer grafarius signifieth as much as a notarie or Scrivener It cometh of the French greffier i. scriba actuarius This word is used in the Statute anno 5 H. 8. cap. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see divers kinds in Gerards Herbal lib. 3. cap. 148. These are comprised among merchandise that be to be garbled Anno 1 Jac. cap. 19. Grand Assise See Assise and Magna Assisa Grand Cape See Cape and Attachment Grand Sergeanty See Chivalrie and Seargeanty Grand distresse Magna districtio is a distresse taken of all the lands and goods that a man hath within the County or Bayliwick whence he is to be distrained Fleta lib. 2. cap. 69. § penult See Distresse This word is used anno 51 H. 3. cap. 9. This falleth out when the Defendant hath been attached and yet appeareth not upon his Attachment or when he appeareth and afterward makes default For then the Sheriff is commanded to distrain the Defendant by all his goods and cattels and to answer the King the issues of his Lands Grange grangia is a house or building not onely where Corn is laid up as Barns be but also where there be stables for Horses stalles for Oâ—â—n 〈◊〉 both â—r cattel styes for Hogges and other things necessary for husbandry Lindwood 〈…〉 emms de judiciis verbo Grangiis in glossa Graâ—â— Concessio granâ—um Glanvile signifieth specially in our Common law a gift in writing of such a thing as cannot aptly be passed or conveyed by word onely as Rent Reversions Services Advowsens in grosse Common in groâ—e Villein in grosse Tithes c. or made by such persons as cannot give but by deed as the King and all bodies politick which differences be often in speech neglected and then is it taken generally for every gift whatsoever made of any thing by any person and he that granteth it is named the Crantour and he to whom iâ— is made the Grantee West parte 1. symbol lib. 2. Sect. 334. A thing is said to lye in grant which cannot be assigned without deed Coke lib. 3. Lincoln Coll. case fol. 63. a. Great men are sometimes understood of the Laity of the higher-house of Parliament as an 43 Ed. 3. cap. 2. an 8 R. 2. in prooem and sometime of the Knights c. of the lower-house as anno 2 R. 2. stat 2. in principio Gree cometh of the French Grè i. sententia beneplacitum It signifieth in our Common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1 Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the description of England cap. 11. v. Rastal titulo Exposition of words The new Expounder of Law Terms writeth it Grichbreach and giveth it the same signification See Greve Green bewe is all one with vert Manwood parte 2. of his Forest laws cap. 6. num 5. See Vert Green wax seemeth to be used for estreats delivered to the Sheriffes out of the Exchequer under the Seal of that Court to be levied in the Countie anno 42. Ed. 3. cap. 9. anno 7 H. 4. cap. 3. See Forein apposer Greve praepositus is a word of power and authority signifying as much as Dominus or praefectus Lamberd in his Exposition of Saxon words ve bo Praefectus where he seemeth to make it all one with Reve as I think undoubtly it is The Saxon word is Gerefa whereof we have divers words compounded as Shyreeve Portgreeve c. which were wont of the Saxons to be written Soyrgerefa Portgerefa See Shyreeve and Portgreve See Roger Hoveden parte poster suorum annal fol. 346. b. where he saith thus Greve dicitur ideo quod jure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. mâ—seriam vel malum Gritbreach is a breach of peace For Grita is a word of the old Angles signifying peace Roger Hoveden parte poste suorum annal fol. 346. b. See Greachbreach Grils anno 22 Ed. 2. cap. 2. Grocers be Merchants that ingrosse all Merchandize vendible anno 37 Ed. 3. cap. 5. Groom anno 33 H. 8. cap. 10. Valletus is the name of a servant that serveth in some inferiour place M. Verslegan in his Restitution of decayed intelligence saith that he findeth it to have been in times past a name for youths who albeit they served yet were they inferiour to men servants and were sometimes used to be sâ—nt on foot or errands serving in such manner as Lackeyes do now Growm anno 43 E. 3. cap. 10. seemeth to be an Engine to stretch Woollen cloth withall after it is woven GU Guydage Guydagium is that which is given for safe conduct through a strange territory Cassanaeus de consuetud Burgun pag. 119. whose words be these Est Guidagium quod datur alicui ut tuiò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27 Ed. 3. stat 3. cap. unico Fitzh nat br fol. 62. I. alià s Goule de August Plowd casu Mines fol. 316. b. is the very day of Saint Peter ad vincula which was wont and is still within the limits of the Roman Church celebrated upon the very Kalends of August Why it should be called the Gule of August I cannot otherwise conjecture but that it cometh of the Latine gula or the French gueulae the throat The reason of my conjecture is in Durands rationalâ— divinorum lib. 7. cap. de festo Sancti Petri ad vincula who saith that one Quirinus a Tribune having a Daughter that had a disease in her throat went to Alexander then Pope of Rome the sixth from Saint Peter and desired of him to borrow or see the chaines that Saint Peter was chained with under Nero which request obtained his said Daughter kissing the said chain was cured of her disease and Quirinus with his family was baptized Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beati Petri Ecclesiam in urbe fabricavit ubi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicavit In quafestivate populus illic ipsa vincula hedie osculatur So that this day being before called onely the Kalends of August was upon this occasion afterward tearmed indifferently either of the instrument that wrought this miracle S. Peters day ad vincula or of that part of the maiden whereon the miracle was wrought the Gule of August
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law passeth in the Premisses is by the habendum controlled and qualified As in a Lease to two persons the habendum to one for life the remainder to the other for life altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
one with Brittons misaventure Homicide by chance mixed he defineth sect 50. to be when the killers ignorance or negligence is joyned with the chance as if a man loppe Trees by a high way side by which many usually travel and cast down a bough not giving warning c. By which bough a man passing by is slain Miscontinuance Kitchin fol. 231. See Discontinuance Mise misa is a French word signifying as much as expensum in Latine and the Latine word Misa is so used in Kitchin fol. 144. and in West parte 2. symb titulo Proceedings in Chancery Sect. 21. F. It is used anno 2. 3. Edw. 6. ca. 36. for a summ of money paid by the Kings tenents in certain Counties in Wales according to their several customs In the Statute 33 H. 8. c. 13. it is used plurally for certain cunumary gratuities sent to the Lord Marchers of Wales by their Tenents at their first comming to their lands And an 4. et 5. Ph. Mar. cap. 11. Mise is used in an action of right or property for the point whereupon the parties proceed to trial either by Assise or batel as issue is in an action personal if the Mise be upon battel Litleton fo 102. and in the Old nat br fol. 2. you have these words Know yee that this writ hath but two Issues that is to say joyning the mise upon the meer and that is to put himself into the great Assise of our Soveraign Lord the King or to joyn battel See anno 37 Ed. 3. ca. 16. To joyn the mise upon the meer is as much to say as to joyn the mise upon the cleer right and that in more plain termes is nothing else but â—o joyn upon this point whether hath the â—ore right the Tenent or Demandant Litleton lib. 3. cap. 8. fol. 101. b. This word in â—ome other place is used for a Participle signiâ—ing as much as cast or put upon in English which appeareth by Sir Edw. Cokes report in Stafsins case vol. 6. fol. 124. a. Misericordia is used in the Common law for an arbitrary punishment Bracton li. 4. tractat 5. cap. 6. in these words Item siquis in misericordiam inciderâ—t pro disseisina non remanebit misericordia exigenda si ille qui amiserit quaesiverit convictionem Kithin fol. 78. out of Glanvile saith thus Est autem misericordia quia quis per uramentum legalium hominum amerciatus est ne aliquid de suo honor abilicontenemento amittat Which saying you have in a maner word for word Glanv l. 9. ca. 11. Fitzh saith that it is called misericordia because ie ought to be very moderate and rather lesse than the offence according to the tenure of the great Charter cap. 14. This saith Fitzherbert in his nat brev in the writ de moderata misericordia fol. 75. A. I. Misericordia is to be quit of misericors that is discharged of all manner of amercements that may a man fall into within the Forest See M. Cromptons Jurisdictions fol. 196. See Amerciament See Mercie and Moderata misericordia Miskenning i. changing of speech in Court Saxon in the description of England ca. 11. Misnomer is compounded of the French mes which in composition alwaies signifieth as much as amisse and nomer i. nominare It signifieth in our Common law the using of one name for another or mis-terming â—roâ—e titulo Misnomer Misprision misprisio commeth of the French Mespris i. fastidium contemptus It signifieth in our Common law neglect or negligence or over-sight As for example misprision of treason or of felony is a neglect or light account shewed of treason or felony committed by not revealing it when we know it to be committed Stawnf pl. cor l. 1. ca. 19. which read at large or by letting any person committed for treason or felonie or suspition of either to goe before he be indited Also Misprision of Clerks anno 8 H. 6. ca. 15. is a neglect of Clerks in writing or keeping Records Thirdly anno 14 Ed. 3. ca. 6. stat prim by misprision of Clerks no processe shall be admitted Misprision of treason is the concealment or not disclosing of known treason for the which the offendours are to suffer imprisonmenâ— during the Kings pleasure lose their goods and the profits of their lands during their lives Crompton in his Justice of Peace cap. Misprision of felony fol. 40. West parte 2. symb titulo Inditements Sect. 63. in fine Misprision of felonie seemeth only finable by the Justices before whom the party is attainted Cromptons Justice of Peace ubi supra The Justices of the Common place have power to assess fines and amerciaments upon persons offending for misprisions contempts or negligences for not doing or mis-doing any thing in or concerning fines West parte 2. symbol titulo Fines Sect. 133. Justices of Assise shall amend the defaults of Clerks misprising of a Syllable or Letter or writing Cromptons jurisdictions fol. 20â— But it is to be noted that other faults may be accounted misprisions of Treason or Felony because certain latter Statutes do inflict that punishment upon themâ— hâ—t of old hath been inflicted upon misprisions wherof you have an example an 14 El. cap. 3. of such as coyn forein Coyns not current in this Realm and of their Procurers Aiders and Abetters And see the new exposition of Law-terms Misprision signifieth also a mistaking anno 14 Edw. 3. stat pri cap. 6. Misses See Mise Misuser is an abuse of liberty or benefit As he shall make fine for his misuser Old nat br fol. 149. Mystery mysterium commeth of the Latin mysterium or rather from the French mestier i. ars artificium an art or occupation Mittendo manuscriptum pedis finis is a writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyr into the Common plees c. Reg. orig fol. 14. a b. Mittimus signifieth a Precept sent by the King out of his Bench to those that have the custody of fines levyed that they send them by a day assigned to his Bench West parte 2. symb titulo Fines Sect. 138. F. 154. B. and also to the Exchequer for certificate that Judgement is given for the livery of Lands to such or such a one out of the Kings hands whereupon he is dismissed also out of the Exchequer anno 5 R. 2. cap. 15. of divers other uses and applications of this Mittimus see the Register original in the Table of the Book MO Moderata misericordia is a Writ that lyeth for him that is amerced in Court Baron or other being not of Record for any transgression or offence beyond the quality of a fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate amerciament of the party and is founded upon Magna Charta cap. 14. Quòd nullus liber homo amercietur nisi secundùm qualitatem delicti c.
terms And read also in some Civilians of Assirmativa praegnans and that is quae habet in se inclusivam negativam Et hoc importare videntur dictiones Solùm tantiâ—m qua implicant negativam Pacianus De probationibus lib. 1. cap. 31. num 16. fol. 93. Neif nativa cometh of the French Naif i. naturalis vel nativus it signifieth in our Common law a Bondwoman anno 1 Ed. 6. cap. 3. the reason is because women become bound rather nativitate than by any other means Ne injustè vexes is a Writ that lyeth for a Tenent which is distrained by his Lord for other services than he ought to make and is a Prohibition to the Lord in it self commanding him not to distrain The especial use of it is where the Tenent hath formerly prejudiced himself by performing more services or paying more rent without constraint than he needed For in this Case by reason of the Lords seisin he cannot avoid him in avowry and therefore he is driven to this Writ as his next remedy Regist orig fol. 4. Fitz. nat brev fol. 10. Ne Vicecomes colore mandati Regis quemquam amoveat à possessione ecclesiae minus justè Regist orig fol. 61. NI Nient comprise is an exception taken to a Petition as unjust because the thing desired is not contained or comprehended in that Act or Deed whereupon the Petition is grounded For example one desireth of the Court to be put in possession of a House formerly among other Lands c. adjudged unto him The adverse party pleadeth that this Petition is not to be granted because though he had a judgement for certain Lands and Houses yet the House into the possession whereof he desireth to be put is not contained among those for the which he had judgment See the New Book of Enteries titulo Nient comprise This seemeth to be especially to hinder execntion Nifle anno 3 Ed. 4. cap. 5. Nihil anno 5 R. 2. stat 1. cap. 3. is a word set upon a Debt illeviable by the forein Apposer in the Exchequer Nihil dicit is a failing to put in answer to the Plea of the Plaintiff by the day assigned which if a man do commit judgement passeth against him as saying nothing why it should not Nisi prius is a Writ Iudicial which lyeth in Case where the Enquest is paneled and returned before the Iustices of the Bank the one party or the other making Petition to have this Writ for the ease of the Country It is directed to the Sheriff commanding that he should cause the men impaneled to come before the Iustices in the same County for the determination of the Cause there except it be so difficult that it need great deliberation In which it is sent again to the Bank v. anno 14 Edward 3. cap. 15. The form of the Writ see in Old nat br fol. 159. and in the Register judicial fol. 7. 28. 75. See the New Book of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Sheriff is willed to bring to Westminster the men empaneled at a certain day or before the Iustistices of the next Assises Nisi die Lunae apud talem locum prius venerint c. whereby it appeareth that Iustices of Assises and Iustices of Nisi prius are differing And Iustices of Nisi prius must be one of them before whom the Cause is depending in the Bench with some other good man of the County associated unto him Fitzherb nat brev fol. 240. E. which he taketh from the Statute of York anno 12 Ed. 2. See Westm 2. cap. 30. anno 13 Edw. prim anno 27 ejusdem cap. 4. anno 2 Edw. 3. cap. 17. anno 4 ejusdem cap. 11. anno 14 ejusdem cap. 16. anno 7 Rich. 2. cap. 7. anno 18 Eliz. cap. 12. NO Nobility Nobilitas in England compriseth all Dignities above a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim ca. 17. Bartolus in his Tractate de Nobilitate which he compiled upon the Law Si ut proponis C. de dignitatibus libro 12. rehearseth four Opinions de Nobilitate but rejecteth them and himself defineth it thus Nobilitas est qualitas illata per principatum tenextem qua quis ultra honestos plebeios acceptus ostenditur But this definition is too large for us except we will account Knights and Banerets inter plebem which in mine opinion were too haish For Equites among the Romans were in a middle rank inter Senatores plebem Nocumento See Nusance Nomination nominatio is used by the Canonists and Common Lawyers for a power that a man by vertue of a Mannor or otherwise hath to appoint a Clerk to a Patron of a Benefice by him to be presented to the Ordinary New Terms of the Law Non-ability is an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any sute in Law as Praemunire Outlawry Villenage or Excommunication or because he is a Stranger born The Civilians say That such a man hath not personam standi in judicio See Brook hoc titulo See Fitz. nat brev fo 35. a. fo 65. d. fo 77. c. The new Expositor of Law Terms teckoneth six causes of Non-ability as if he be an Outlaw a Stranger born condemned in a Praemunire professed in Religion excommunicate or a Villein Howbeit the second cause holdeth only in Actions real or mixt and not in personal except he be a Stranger and an enemy Non admittas See ne admittas Nonage is all the time of a mans age under one and twenty years in some cases or fourteen in some as mariage See Brook titulo Age. See Age. Non capiendo Clericum see Clericum non capiendo Non-claym Cromptons Jurisdict fo 144 seemeth to be an exception against a man that claimeth not within the time limited by Law as within a year and day in case where a man ought to make continual Claim or within five years after a Fine levyed Vide Cook lib. 4. in Prâ—oemio See Continual claim Non compos mentis it is of four sorts First he that is an Ideot born Next he that by accident afterwards wholly loseth his wits Thirdly a Lunitick that hath sometime his understanding and sometime not Lastly he which by his own Act depriveth himself of his right mind for a time as a Drunkard Coke lib. 4. fo 124. b. Non distringendo is a Writ comprising under it divers particulars according to divers Cases all which you may see in the Table of the Register origin verbo non distringendo Non est culpabilis is the general Answer to an Action of Trespass whereby the Defendant doth absolutely deny the fact imputed unto him by by the Plaintiff whereas in other especial Answers the Defendant granteth a Fact to be done and allegeth some reason in his defence why he lawfully might
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep the peace of the Holy Church and of the Clergy and of the people with good accord and that he shall doe in all his judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
Officers the staples had belonging to them you may see anno 27 Edw. 3. stat 2. cap. 21. Star-Chamber Camera stellata is a Chamber at Westminster so called as Sir Thomas Smith conjectureth lib. 2. cap. 4. either because it is full of windows or cause at the first all the roof thereof was decked with Images of guilded Stars And the latter reason I take to be the truer because anno 25 Henry 8. capit prim It is written the Sterred Chamber In this Chamber every week twice during the term and the very next day after Term is there a Court held by the Lord Chancellor or Keeper and other honourable personages of the Realm This Court seemeth to have taken beginning from the Statute anno 3. Hen 7. ca. or Whereby it is ordained that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal or two of them calling to them a Bishop and a temporal Lord the Kings most Honourable Councel and the two chief lustices of the Kings Bench and Common place for the time being or other two lustices in their absence should have power to call before them and punish such misdoers as there be mentioned The saults that they punish be Routs Riots Forgerits Maintenances Embraceries Perjuries and such other Mislemeanours as are not sufficiently provided for by the Common law It appeareth both by Sir Thomas Smith li. 2. de Repub. Anglor ca. 4. and by experience also that at this day the whole number of the Princes most honourable Privy Councel and such other Barons spiritual or temporal as be called thither by the Prince have place in this Court with those above named Of this Court thus speaketh Master Gwin in the Preface to his readings It appeareth in our books of the Terms of King Edward 4. And of the Report of Cases hapning under the usurpation of Richard the third that sometime the King and his Councel and sometime the Lord Chancellor and other great personages did use to sit judicially in the place then and yet called the Star-Chamber But for as much as belike that Assembly was not ordinary therefore the next Kings Henry the seventh and his Son Henry 8. took order by two several laws viz. 3 Hen. 7. cap. pri 21 H. 8. ca. 2. That the Chancellor assisted with others there named should have power to hear complaints against Retainours Embraceours Misdemeanours of Officers and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Iudges are not so meet to give correction And because that place was before dedicated to the like service it hath been ever since accordingly used Touching the Officers belonging to this Court see Camden pag. 112. et 113. Statute statutum hath divers significations in our Common law First it signifieth a Decree or Act of Parliament made by the Prince and three Estates which is the body of the whole Realm And though it borrow the name from that kind of Decree which those Cities that were under the Roman Empire made for the particular Government of themselves over and above the universal or common law of the Empire yet in nature it commeth nearest to that which the Romans called Legem for that as that was made by the whole People Noble and Ignoble so this is ordained by those that represent the whole number both of Prince and subjects one and other through the whole Kingdome The difference neverthelesse was this that Lex was offered to the consideration of the People by the Magistrate of the Senate or Consull but the Bills or suggestions whence our Statutes spring are offered by any of either house and so either passed or rejected In this signification a Statute is either general or special Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speech taken for a bond as statute Merchant or statute staple anno 5 H. 4. cap. 12. The reason of which name is because these Bonds are made according to the form statutes expresly and particularly provided for the same which direct both before what Persons and in what manner they ought to be made west parte prim symbol lib. 2. Sect. 151. where he defineth a statute Merchant thus A Statute Merchant is a bond acknowledged before one of the Clarks of the statutes Merchant and Maior or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Maior chief Warden or Master of other Cities or good Towns or other sufficient men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two pieces the grater is kept by the said Maior chief Warden c. and the lesser peece thereof by the said Clarks The form of which bond you may see in Fleta lib. 2. cap. 64. § 2. to be such Noverint universi me N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis c. et nisi fecers concedo quod currant super me et Haeredes meos districtio et poena provis in statuta Domini Regis edito apud Westm Datum London tali die anno supra dicto The fee for the same Seal is for statutes knowledged in Fairs for every pound an half-penny and out of Fairs a fording The execution upon statute Merchant is first to take the body of the Debtor if he be lay and can be found if otherwise then upon his Lands and goods The bond is founded upon the Statute anno 13 Ed. prim stat 4. Of this also as of the Statute staple see the new book of Entries verbo statute Merchant and read in Fleta ubi supra more touching this matter worth the reading Statute staple to use the very words of Master West is either properly so called or improperly A Statute staple properly so called is a Bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same staple for which seal the fee is of every pound if the sum exceed not 100 pound and half peny and if it excced an 100 pound of every pound a farthing And by vertue of such Statute staple the Creditor may forthwith have execution of the body lands and goods of the Debtor and this is founded upon the Statute anno 27 Ed. 3. cap. 9. A Statute staple improper is a bond of Record founded upon the Statute anno 23 H. 8. cap. 6. of the nature of a proper Statute staple as touching the force execution thereof and knowledged before one of the chief Justices and in their absence before the Maior of the Staple and Recorder of London The forms of all these bonds or statutes see in West parte pri symb lib. 2. sect 152 153 154 155. Statutes is also
Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can catch them within their own territories or precincts Law Merchant is a Privilege or special law differing from the Common law of England and proper to Merchants and summary in proceeding anno 27 Edw. 3. stat 8 9 19 et 20. anno 13 Edward 1. stat tertio Lawing of dogs expeditatio canum See Expeditate Mastifs must be lawed every three year Crompton jurisdict fol. 163. LE Leasi lessa commeth of the French laysser i. linquere relinquere smittere permittere It signifieth in our Common law a demise or letting of lands or tenements or right of Common or of a Rent or any hereditament unto another for term of years or of life for a rent reserved And a lease is either written called a lease by Indenture or made by word of mouth called a lease paroll See the new terms of the law The party that letteth this lease is called the Leassour and the party to whom it is let the Lessee And a lease hath in it six ponts viz. words importing a demise a leassee named a commencement from a day certain a term of years a determination a reservation of a rent Cook vol. 6. Knights Case fol. 55. a. Leet leta is otherwise called a law day Smith de Repub. Anglor lib. 2. cap. 18. the word seemeth to have grown from the Saxon Lethe which as appeareth by the laws of King Edward set out by M Lambard num 34. was a Court of Jurisdiction above the Wapentake or Hundred comprehending three or four of them otherwise called Thryhing and contained the third part of a Province or Shire These Jurisdictions one and other be now abolished and swallowed up in the County Court except they be held by prescription Kitchin fol. 6. or Charter in the nature of a Franchise as I have said in Hundred The liberty of Hundreds is rare but many Lords together with their Courts Baron have likewise Leets adjoined and thereby doe enquire of such transgressions as are subject to the enquiry and correction of this Court whereof you may read your fill in Kitchin from the beginning of this book to the fift Chapter Bâ—itton cap. 28. But this Court in whose Manor soever it be kept is accounted the kings Court because the authority thereof is originally belonging to the Crown and thence derived to inferiour persons Kitchin fol. 6. Justice Dyer saith that this Leete was first-derived from the Sheriffs Turn fol. 64. And it enquireth of all offences under high treason committed against the Crown and Dignity of the king though it cannot punish many but must certifie them to the Justices of Assise per Statut. anno 1. Ed 3. cap. ult Kitchin fol. 8. but what things be onely inquirable and what punishable see Kitchin in the charge of a Court Leet fol. 8 9 10 11 12 13 14 15 16 17 18 19 20. See also the Statute anno 8. Ed. 2. The Jurisdiction of Bayliffs in the Dutchy of Normandie within the compasse of their Provinces seemeth to be the same or very near the same with the power of our Leet cap. 4. of the grand Custumary Legacie legatum is a particular thing given by last will and testament For if a man dispose or transferre his whole right or estate upon another that is called Haereditas by the Civilians and he to whom it is so transferred is termed haeres Howbeit our common Lawyers call him Heir to whom all a mans lands and hereditaments doe descend by right of bloud See Heir See Hereditaments Leproso amovendo is a writ that lyeth for a Parish to remove a Leper or Lazar that thrusteth himself into the companie of his neighbours either in Church or other publike meeting and commeth with them to their annoyance or disturbance Regist orig fol. 267. Fitz nat Brev. fo 234. Lestage aliâs lastage lastagium proceedeth from the Saxon word last i. onus and is a Custom challenged in Fairs and Markets for carrying of things Rastals Exposition of words or a Custom challenged in cheapings or Fairs Saxon in the description of England cap. 11. Lastage anno 21. R. 2. cap. 18. seemeth to be the ballance of a ship Fleta termeth it Lesting saying quòd significat acquietantiam Le stagii lib. 1. cap. 47. § Lesting Letters of Exchange literae Cambitoriae vel literae Cambii Regist orig fol. 194. a. Letters patents literae patentes bee Writings sealed with the broad Seal of England whereby a man is authorized to doe or enjoy any thing that otherwise of himself he could not anno 19. H. 7. cap. 7. And they be so termed of their form because they be open with the Seal hanging ready to be shewed for the confirmation of the authority given by them If any will say that Letters patents may be granted by Common persons I will not greatly contend For I find that to be true in Fitz. nat br fol. 35. E. Howbeit they bee called rather patents in our Common speech then Letters patents Letters patents to make Denizens anno 32. Hen. 6. cap. 16. yet for difference sake the kings letters patents be called letters patents royal Anno 2 Hen. 6. cap. 10. There is likewise a writ patent Fitzh nat br fol. 1. seqq Levari facias is a writ directed to the Sheriff for the levying of a Sum of money upon lands and tenements of him that hath forfeited a Recognizance c. Regist origin fol. 298. b. 300. b. Levari facias damna de disseisitoribus is a writ directed to the Sheriff for the levying of damages wherein the disseisour hath formerly been condemned to the disseisee Regist fol. 214. b. Levari facias residuum debiti is a writ directed to the Sheriff for the levying of a Remanant of a debt upon lands and tenements or chattels of the debtor that hath in part sasatisfied before Regist. orig fol. 299. Levari facias quando vicecomes returnavir quòd non habuit emptores is a writ commanding the Sheriff to sell the goods of the debtor which he hath already taken and returned that he could not sell them and as much more of the debtors goods as will satisfie the whole debt Register orig fol. 300. a. Letter of Atturney litera Atturnatus is a writing authorizing an Atturney that is a man appointed to doe a lawfull act in our steeds West part prim symbol lib. 2. sect 559. It is called in the civil law mandatum or procuratorum There seemeth to be some difference between a letter of Atturney and a warrant of Atturney For whereas a letter of Atturney is sufficient if it be sealed and delivebefore sufficient witnesse a warrant of Atturney must bee acknowledged and certified before such persons as fines be acknowledged in the Countrey or at the least before some Justice or Sergeant West parte 2. symbol tit Recoveries sect 1. F. See the Statute anno 7 R. 2. cap. 13. Letters of