dwelling on the Marches of Wales or Scotland who in times past as M. Camden saith pag. 453. had their priuate lawes much like as if they had beene Kings which now be worne out Of these Marchers you may reade anno 2. H. 4. cap. 18. anno 26. Hen. 8. cap. 6. anno 1. Ed. 6. cap. 10. where they are called Lord Marchers See anno 27. Hen. 8. cap. 26. howe these were extinguished Mareshall Mariscallus is a French word signifying as much as Tribunus Celerum or Tribunus militum with the auncient Romanes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Grecians or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiraquel de Nobilitate ca. 8. p. 42. nu 17. The french word may seeme also among many other that they haue to proceede from the German Marschalk i. equitum magister which Hotoman in verbis feudalibus verbo Marschalkus deriueth from the old word March signifiing a house with whome agreeth Lupanus de Magistratibus Eranciae lib. pri ca. Marcshallus Others make it of these two Saxon words Mar. i. equus and scalch i. praefectus or as M. Verstegan saith from Mare the generall appellation of all horses as hors is now in Englishe and Scalc which in the auncient language of the Netherlanders he affirmeth to signifie a kind of seruant as Scalco doth at this day among the Italians being originally a Dutch word with vs there be diuers officers of this name but one most noble of all the rest who is called Lord or Earle Marshall of England of whome mention is made in diuers statutes as anno 1. H. 4. ca. 7. 14. anno 13. Rich. 2. ca. 2. His office consisteth especially in maters of warre and armes as well with vs as in other countries whereof you may reade in Lupanus vbi supra and Tilius li. 2. ca. de Conestabili Mariscallo c. But he that will knowe the office of our Lord Marshall had neede beside the fewe statutes which concerne him to read his commission and also to haue acces to the Heradls who out of their antiquities are able to discouer much that by prescription belongeth vnto this office The next to this is the Marshal of the Kings house whose especiall authoritie is according to Britton and M. Gwin in the preface to his reading in the Kings place to heare and determine all plees of the Crowne and to punish faults committed within the verge to heare and determine suites betweene those of the kings houshold and others within the verge Cromptons Iurisdict fol. 102. of him you may reade Fitzh nat br fol. 241. B. and anno 18. Ed. 3. statut 2. ca. 7. anno 27. Ed. 3. stat 2. c. 6. an 2. H. 4. c. 23. a. 15. H. 6. c. 1. Fleta saith that the office of the Marshall of the kings house belongeth to the Earle of Northf in fee and that he may appoint with the Kings consent a Knight vnder him to execute the office which office he also describeth to be especially to execute the iudgements decrees of the Steward to haue the keeping of the prisoners li. 2. cap. 4. and read farder of his office in the 5. chapter of the said booke which is to dispose of the Lodging in the Kings houshold vnder the Chamberlaine and to cleere the Verge of strumpets c. anno 5. Hen. 3. statut 5. Then be there other inferiour officers of this name as Marshall of the Iustices in Eyre anno 3. Ed. 1. ca. 19. Marshall of the Kings bench anno 5. Ed. 3. ca. 8. and this is he which hath the custodie of the prison called the Kings bench in Southwarke Fitzh nat br fol. 251. I. And these inferiour Marshalls be either ad placitum or in fee Kitchin fol. 143. I finde also in Fleta li. 2. ca. 15. mention of a Marshall of the Kings hall whose office is when the tables be prepared and clothes laide to call out both those of the houshold and straungers according to their worth and decently to place them to reiect vnworthy persons to knowe the number of the hall and to testifie it at the next accompt to see dogs kept out to saue the almes from filching to see filence kept and euery man competently serued with meate and drinke and when the courte remoueth to appointe euery one of the houshold his lodging There is also a Marshall of the esche quer anno 51. H. 3. sta 5. to whome the courte committeth the custody of the kings debters during the terme time to the end they may be farder imprisoned if they cleere not their debts He also assigneth Shyreeues escheators customers and collectors their auditours before whome they shall accompt He hath all inquisitions taken before escheators virtute officii deliuered vnto him to be deliuered by him to the treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshall or word for word the seate of the Marshall of whome see Cromptons Iurisdict fol. 102. It is also vsed for the prison in Southwarke the reason whereof may be because the Marshall of the kings house was wont perhaps to sit there in iudgment See the statute anno 9. R. 2. cap. 5. anno 2. Hen. 4. ca. 23. Martiall lawe is the law that dependeth vpon the voice of the king or the kings leiuetenent in warres For how be it the king for the indifferent and equall temper of lawes to all his subiects doe not in time of peace make any lawes but by the consent of the three estates in Parlament yet in warres by reason of great daungers rising of small occasions he vseth absolute power in so much as his word goeth for law And this is called Martiall law Smith de repub Angli li. 2. c. 3. See Law of armes Mariage Maritagium signifieth not onely the coupling together of man and wife but also the interest of bestowing a ward or a widow in mariage Magna charta ca 6. anno 9. He. 3. and Bracton lib. 2. ca. 3. and also it signifieth land giuen in mariage Bracton li. 2. ca. 34. 39. And in this signification the same authour saith that Maritagium est aut liberum aut seruitio obligatum li. 2. ca. 7. nu 3. 4. Liberum maritagium dicitur vbi donator vult quòd terra sic data quieta sit libera ab omni seculari seruitio quod ad Dominum feudi possit pertinere et ita quòd ille cui sic data fuerit nullum omninò inde faciat seruitium vsque ad tertium haeredem vsque ad quartum gradum ita quòd tertius heres sit inclusivus See the rest See also Skene de verbo significatione verbo Maritagium who is worth the reading Maritagio amisso per defaltam is a writ for the tenent in frank mariage to recouer lands c. whereof he is deforced by another Regist fol. 171. Maritagio forisfacto is a writ See Forisfactura Maritagii Marke merca commeth of the Saxon
Kings house anno 25. Ed. 3. statute 5. ca. 21. Stillyard Guilda Theutonicorum anno 22. H. 8. ca. 8. anno 32. eiusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almaine anno pri Ed. 6. cap. 13. Are wont to haue their aboade see Geld. It is so called of a broad place or courte wherein steele was much sould vpon the which that house is now founded Nathan Chitraens See Hawnse Stone of woll Petra lanae see weights See Sarpler It ought to weigh fourteene pounds yet in some places by custome it is more See Cromptons Iustice of peace fol. 83. b. Straife alias Stray See Estrae Straites anno 18. H. 6. ca. 16. Streme workes is a kinde of worke in the Stannaries for saith M. Camden titulo Cornwall pag. 119. Horum Stannariorum siue metallicorum operum duo sunt genera Alterum Lode-works alterum streme-works vocant Hoc in locis inferioribus est cùm Fossis agendis stanni venas sectantur fluuiorum alueos subinde deflectunt illud in locis aeditioribus cùm in montibus puteos quos Shafts vocant in magnam altitudinem defodiunt cuniculos agunt These you may read mentioned anno 27. H. 8. ca. 23. Stirks Strip See Estreapement Stuard alias steward senescallus seemeth to be compounded of Steede and ward and is a word of many applications yet alway signifieth an officer of cheife accoumpte within the place of his sway The greatest of these is the Lord high Steward of England whose power if those antiquities be true which I haue read is next to the kings and of that heighth that it might in some sort match the Ephori amongst the Lacedemonians The custome of our commonwealth hath vppon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but onely for the dispatch of some especiall businesse at the arraignment of some Noble man in the case of treason or such like which once ended his commission expireth Of the high Steward of Englands Court you may reade Cromptons Iurisdiction fol. 82. I haue reade in an auncient manuscript of what credit I know not that this officer was of so great power in auncient times that if any one had sought iustice in the Kings court and not found it he might vpon complaint thereof made vnto him take those petitions and reseruing them to the next Parlament cause them there to bee propounded and not onely so but also in the presence of the King openly to rebuke the Chaunceler or any other Iudge or officer whom he found defectiue in yeelding iustice And if in case the Iudge or officer so reprehended did alledge that his defect grew from the difficultie of the case insomuch as he durst not aduenture vpon it then the case being shewed and so found the Lord steward together with the Constable of England there in the presence of the King and Parlament might elect 25. persons or more or fewer according to their discretion and the case or cases in question some Earles some Barons some Knights some Citizens and Burgesses which vpon deliberation should set downe what they thought iust and equal and their decree being read and allowed by Parlament did stand as a law for euer fardermore if the Chaunceler or other Iudge or officer could not well approue that the delay of iustice complained of grew from iust difficultie by reason that the case in question was formerly determined by lawe or statute then might the steward on the Kings behalfe admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parlament was wont to remoue him and assigne another of better hope to the place Lastly if the king had about him any such euill Counceller as aduised him to things vniust or vnanswerable to his Maiestie as tending either to the disherifon of the Crowne publike hurt or destruction of the subiect The office of the Steward was taking to him the Constable and other great men with some of the Commons and giuing notice to the King of their intention to send to that Counseler and will him to desist from misleading the king yea if need so required to charge him to stay no longer about him but to depart from the Court which if he neglected to performe then they might send to the King and will him to remoue him and if the king refused then they might take him as a publike enemie to the King and Realme seise on his goods and possessions and commit his body to safe custody vntill the next Parlament there to be Iudged by the whole kingdome examples are brought of Godwin Earle of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earle of the same County in the reigne of Henry the third and of Peter Gaueston in Edward the seconds daies But experience as I said hath found this officer more daungerous then profitable and therefore hath time taught though not wholly to suppresse him yet to limite him to particular occasion and to restraine his power Then is there the Steward of the Kings most honourable houshould anno 24. H. 8. cap. 13. whose name is changed to the name of great Master anno 32. eiusdem cap. 39 But this statute was repealed by anno prim Mar. 2. Parlam cap. 4 and the office of the Lord Steward of the Kings houshold reuiued where you may at large reade diuers things touching his office As also in Fitzh nat br fol. 241. B. Of this Officers auncient power reade Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33. H. 8. cap. 12. To be short this word is of so great diuersitie that there is not a corporation of any accompt or house of any honour almost through the realme but it hath an officer toward it of this name A steward of a maner or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienare It signifieth in our Language generally a man borne out of the land or vnknowne but in the lawe it hath an especiall signification for him that is not priuie or a party to an act as a Straunger to a iudgement oldna br fol. 128. is he to whome a iudgement doth not belong And in this signification it is directly contrarie to partie or priuie See Priuie Submarshall submarescallus is an officer in the Marshal sea that is deputie to the chiefe Marshall of the Kings house commonly called the Knight Marshall and hath the custody of the prisoners there Cromptons Iurisdict fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chauncerie vpon such case onely as the common lawe faileth in and hath not prouided
graunted by the Chaunceler of England vpon veiwe of the exception suggested to the Iustices of the common banke or of the Kings benche willing them to graunt summons to the Shyrecue of the countie where the creditour is for his appearance at a certain day before them See more in owld nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our lawe signifieth an officer of the king or some other great personage which yearely by examining the accounts of all vnder officers accountable maketh vp a generall booke that sheweth the difference betweene their receipts or burden and their allowances commonly called allocations as namely the auditours of the exchequer take the accounts of those receiuers which receiue the revenewes of the augmentation as also of the Shyrceues escheatours collectours and customers and set them downe and perfect them Him that will read more of this I referre to the Statut. anno 33. H. 8. c. 33. Auditours of the Prests are also officers in the exchequer that doe take and make vp the great accounts of Ireland Berwick the mint of any mony imprested to any man Auditour of the receipts is an officer of the exchequer that fileth the Tellers bils and maketh an entrie of them and giueth to the Lord Treasurer a certificate of the mony receiued the weeke before He maketh also Debenturs to euery Teller before they pay any mony taketh their accounts He keepeth the blacke booke of the receipts and the Treasurers key of the treasurie and seeth euery Tellers monies locked vp in the new treasury Auenture is a mischance causing the death of a man without felony as when he is sodenly drowned or burnt by any soden disease falling into the water or fire Britton ca. 7. where you may see what it differeth from Misadventure See Misadventure Average averagium by M. Skenes opinion verbo arage de verborum significatione commeth of the word averia i. a beast and so consequently signifieth service which the tenent oweth to to the Lord by horse or cariage of horse I haue heard others probably deriue it from the French euvrage or euvre i. opus It seemeth with vs to haue two diuers significations for the first Rastall titulo Exposition of words maketh mention of the Kings averages which I take to be the kings cariages by horse or cart Then anno 32. H. 8. ca. 14. and anno 1. Iacobi ca. 32. it is vsed for a certaine contribution that merchants and others doe every man proportionably make toward their losses who haue their goods cast into the sea for the safegard of the shippe or of the goods and liues of them in the shippe in time of a tempest And this contribution seemeth to be so called because it is proportioned after the rate of euery mans average or goods caried Averijs captis in withernam is a writ for the taking of catell to his vse that hath his catell taken vnlawfully by another and driuen out of the countie where they weretaken that they cannot be repleuied Register originall fo 82. a. b. See Withernam Averment verificatio cōmeth from the French averer i. testari as averer quelque meschācete i. extrahere scelus aliquod in lucem ex occultis tenebris It signifieth according to the author of the termes of lawe an offer of the defendant to make good or to iustifie and exception pleaded in abatement or barre of the plaintifs actiō But me thinketh it should rather signifie the act thē the offer of iustifying the exception by diuers places where I finde it vsed For example an 34. Ed. 1 stat 2. And the demaundant will offer to averre by the assise or Iurie where to offer to averre and to averre must needes differ and againe in the same staint and the demaundaunt will offer to averre by the countrie c. thirdly in the english nat br fo 57. These errours shall be tried by averment c. Averpennie quasi Averago pennie is mony contributed toward the Kings averages Rastall exposition of words See Average Augmentation augmentatio was the name of a court erected the 27 yeare of H. 8. as appeareth by the 27. chapter of that yeares parlament And the end thereof was that the king might be iustly delt with touching the profits of such religious howses and their lands as weare giuen vnto him by an act of parlament the same yeare not printed For the dissolving of which courte there was authoritie giuen to Queene Mary by the parlament held the first yeare of her raigne ses 2. ca. 10. which shee afterward put in execution by her leters patents The name of the courte grewe from this that the revenewes of the crowne were augmented so much by the suppression of the said houses as the king reserved vnto the crowne and neither gaue nor sold away to others Aulne of Renish wine a. 1. Ed. 6. ca. 13. aliàs Awme of Renish wine 1. laco ca. 33. is a vessell that conteineth 40. gallons Aulnegeowr See Alneger Avo is the name of a writ for the which see Ayle Awncell weight as I haue beene informed is a kinde of weight with scoles hanging or hookes fastened at each end of a staffe which a man lifteth vp vpon his forefinger or hand and so discerneth the equalitie or difference betweene the weight and the thing weied In which because there may and was wont to be great deceipt it was forbidden anno 25. Ed. 3. stat 5. ca. 9. anno 34. eiusdem ca. 5. and the euen ballance onely commanded yet a man of good credit once certified me that it is still vsed in leaden hall at London among butchers c. In the deriuation of this word I dare not be ouer confident But it may probably be thought to be called awnsell weight quasi hand sale weight because it was and is performed by the hand as the otheris by the beame And if I should draw it from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. cubitus the parte of the arme from the elbowe to the fingers ends I might chalenge a good warrand of this from the Romaines whoe thence derived their ancile i. the luckie shield that was saide to be sent from heauen in a tempest to Numa Pompilius together with a voice that the citie of Rome stould be the mightiest of all others soe long as that shield remained in it Auncient d 〈…〉 antiquum dominicum is called more at large anncient demeasn of the king or of the crowne Fazb nat brifo 14. d. It cōmeth of 2. French words auncien 1. veter vetus veteranus antiquus and of demaine alias domaire i. publicum vectigal It signifieth in our common lawe a certaine tenure whereby all the maners belonging to the crowne in the daies of Saint Edward the Saxon king or of William the conquerour did hold The number names of which maners as all other belonging to common persons he caused to be written
who at any time sithence the first day of this present parlament or at any time hereafter shall depart the Realme or begin to keepe his or her house or houses or otherwise to absent him or her selfe or take sanctuarie or suffer him or her selfe willingly to be arrested for any debt or other thing not growne or due for mony deliuered wares sould or any other iust or lawful cause or good consideration or purposes or hath or will suffer him or her selfe to be outlawed or yeld him or her selfe to prison or willingly or fraudulently hath or shall procure him or her selfe to be arrested or his or her goods money or chatels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent graūt or conueyance of his her or their lands tenements goods or chatels to the intent or whereby his her or their creditours being subiects borne as aforesaide shall or may be defeated or delayed forthe recouery of their iust and true dept or being arrested for debt shall after his other arrest lye in prison fixe monethes or more vpon that arrest or any other arrest or detention in prison for debt and lye in prison sixe monethes vpon such arrest or detention shall be accompted and adiudged a bankrupt to all intents and purposes Banishment exilium abiuratio commeth of the French bannissement and hath a signification knowne to euery man But there be two kinds of banishments in England one voluntarie and vpō oath whereof you may reade Abiuration the other vpon cōpulsion for some offence of crime as if a lay-man succor him that hauing taken sanctuarie for an offence obstinately refuseth to abiure the realme he shall loose his life and member if a Clerke do so he shall be banished Stawnf pl. cor fol. 117. This punishment is also of our moderne Civilians called bannimētum which was aunciently tearmed deportatio if it were perpetuall or relegatio in insulam if for a time Vincentius de Franchis Petrus de Belluga in suo speculo fol. 125. num 4. Barbaries Oxyeantha is a thornie shrub knowne to most men to beare a bery or fruite of a sharpe taste These beries as also the leaues of the said tree be medicinable as Gerara in his herball sheweth lib. 3. cap. 21. You find them mentioned among drugs to be garbled anno 1. Iacob cap. 19. Bard aliâs Beard See Clack Bargaine and sale as it seemeth by West part 1. symb lib. 2. sect 436. is properly a contract made of maners lands tenements hereditaments and other things transferring the propertie thereof from the bargainer to the barganee But the author of the new termes of lawe addeth that it ought to be for money saying farder that this is a good contract for land c. and that fee-simple passeth thereby though it be not said in the deed To haue and to hold the land to him and to his heyres and though there be no liuerie and seisin made by the seller so it be by deed indented sealed and enrolled either in the Countie where the land lyeth or within one of the kings courts of Records at Westminster within sixe moneths after the date of the deed indented anno 27. H. 8. cap. 16. Barkarie Barkaria is a heath house New booke of Entries titulo Assise corp polit 2. Some call it a Tanne house Baron Baro is a French word and hath diuers significations here in England First it is taken for a degree of Nobilitie next vnto a Vicount Bracton lib. 1. cap. 8. num 4. where he saith they be called Barones quasi robur belli And in this signification it is borowed from other nations with whom Baroniae be as much as Prouinciae Petrus Belluga in speculo princip fol. 119. So Barones be such as haue the gouernment of Prouinces as their fee holden of the king some hauing greater some lesser authoritie within their territories as appeareth by Vincentius de Franchis in diuers of his desceisions and others Yet it may probably be thought that of old times here in England all they were called Barons that had such Seigniories as we now call court-barons as they be at this day called Seigneurs in France that haue any such manor or lordship Yea I haue heard by men very learned in our Antiquities that neere after the conquest all such came to the Parlament and sate as Nobles in the vpper house But when by experience it appeared that the Parlament was too much pestered with such multitudes it grew to a custome that none shold come but such as the king for their extraordinarie wisedome or qualitie thought good to call by writ which writ ranne hac vice tantùm After that againe men seeing this estate of Nobilitie to be but casuall and to depend meerly vpon the Princes pleasure they sought a more certain hold and obtained of the King leters patents of this dignitie to them and their heyres male And these were called Barons by leters patents or by creation whose posterity be now by inheritance and true descent of Nobilitie those Barons that be called Lords of the Parlament of which kind the king may create more at his pleasure It is thought neuerthelesse that there are yet Barons by writ as wel as Barons by leters patents and that they may be discerned by their titles because the Barons by writ are those that to the title of Lord haue their owne surnames annexed as Compton North Norice c. whereas the Barons by leters patents are named by their Baronies These Barons which were first by writ may now iustly also be called Barons by prescription for that they haue continued Barons in themselues and their auncestors time beyond the memorie of man The originall of Barons by writ Master Camden in his Britannia pag. 109. in meo referreth to Henry the third Barons by leters patents or creation as I haue heard among our Antiquaries were first created about the dayes of Henry the sixth the maner of whose creation reade in Master Stowes Annales pag. 1121. Of all these you may also reade Master Ferui glorie of Generositie pa. 125 126. And see M. Skene de ver signif verb. Baro. with Sir Thomas Smith lib. 1. de rep Anglor cap. 17. who saith that none in England is created Baron except he can dispend a thousand pound by yeare or a thousand markes at the least To these former Master Seager by office Norrey lib. 4. cap. 13. of Honour ciuill and militarie addeth athird kind of Baron calling them barons by tenure and those be the Bishops of the land all which by vertue of baronries annexed to their bishoprickes haue alwaies had place in the vpper house of Parlament and are tearmed by the name of Lords spirituall Baron in the next significatiō is an Officer as barons of the Exchequer be to the king of which the principall is called Lord chiefe Baron capitalis Baro and the three other for so many there be are
his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the absēce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and sūmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountāts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their sūmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1◠And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demaūd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exāple an executor being sued for his testators debt pleadeth that he had no goods left in his hands at the day when the writ was purchased or taken out against him This is a good barre to common intendment or prima sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu
anno 4. Ed. 3. cap. 3. And bestiall is generally vsed for all kind of catell anno 1. Iacobi cap. 33. Bidding of the bedes was a charge or warning that the parish Priest gaue to his parishioners at certaine especiall times to say so many Pater nosters c. vpon their beades anno 27. H. 8. cap. 26. Bigamie bigamia signifieth a double mariage It is vsed in the common lawe for an impediment that hindreth a man to be a Clerke by reason that he hath bene twice maried For vpon those words of S. Paule to Timothie the first cap. 3. vers 2. Opertet ergo Episcopum irreprehensibilem esse vnius vxoris virum the Canonists haue founded their doctrine that he that hath bene twice maried may not be a Clerke And also him that hath maried a widow they by interpretation take to haue bene twice maried And both these they do not onely exclude from holy orders but also deny them all priuiledges that belong vnto Clerkes But the author of the new termes of lawe well saith that this lawe is abolished by anno 1. Ed. 6. cap. 12. And to that may be added the statute anno 18. Elizab. cap. 7. which alloweth to all men that can read as Clerkes though not within orders the benefite of Clergie in case of felonie not especially excepted by some other statute Bilanciis deferendis is a writ directed to a corporation for the carying of weights to such or such a hauen there to weigh the wools that such a man is licenced to trāsport Reg. orig f. 270. a. Bilawes are orders made in court leets or court Barons by common assent for the good of those that make them farder then the publique lawe doth binde Coke vol. 6. fo 63. a. Kitchin fo 45. 79. These in Scotland are called burlawe or birlawe Skene de verbo sign verbo Burlawe where he saith thus Lawes of burlawe are made and determined by consent of neighbours elected and chosen by common consent in the courts called birlawe courts In the which cognition is taken of compleints betwixt neighbour and neighbour which men so chosen are iudges and arbitratours to the effect aforesaide and are called birlawe men For bawr or bawrsman in Dutch is rusticus and so birlaw or burlaw leges rusticorum Hetherto M. Skene Bilinguis though it signifie in generality a double tounged man yet in our common lawe it is vsed for that Iury that passeth betweene an english man and an alien Wherof part must bee Englishmen and part straungers anno 28. Ed. 3. ca. 13. Bille billa is diuersly vsed among our cōmon lawyers First as West saith pa. 1. symb li. 2. sect 146. it is al one with an obligation sauing that whē it is in ēglish it is commonly called a bill and when it is in latine an obligation But I heare other good lawyers say that a bill though it be obligatorie yet is without condition or forfeiture for non payment and that the obligation hath both Bille secondly is a declaration in writing that expresseth either the griefe and the wrong that the complaynant hath suffered by the party complained of or els some fault that the party complayned of hath committed against some lawe or statute of the common wealth This bille is sometime offered vp to Iustices errants in the generall assises sometime and most of all to the Lord Chanceler of England especially for vnconscionable wrongs done sometime to others hauing iurisdiction accordingly as the law wheruppon they are grounded doeth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Simbol titulo supplications sect 52. whom you may reade at large touching this mater Billa vera is as it were a word of arte in our common lawe For the grand enquest empaneled and sworne before the Iustices in eare c. indorsing a bill whereby any crime punishable in that court is presented vnto them with these two words do signifie thereby that the presentor hath furnished his presentment or denunciation with probable euidence and worthy of farder consideration And thereuppon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer vnto it either by confessing or trauersing the indictment And if the crime touch the life of the party indicted it is yet referred to another enquest called the enquest of life and death who if they finde him guilty then he standeth conuicted of the crime and is by the Iudge to be cōdemned to death See Ignoramus see Indictment Billets of gold commeth of the french billot 1. massa auri anno 27. Ed 3. stat 2. ca. 14. Bynny peper anno 1. Iaco. ca. 19. Blacke maile is halfe english halfe french For in french maille signifieth a smal peece of mony which we cal a halfepeny It signifieth in the counties of Comberlād Northumberland Westmerland and the bishopricke of Durisme a certaine rate of mony corne catell or other consideration paide vnto some inhabiting vpon or neare the borders being men of name and power allied with certaine knowne to be great robbers and spoile-takers within the saide counties to the end thereby to be by them freed protected and kept in safty from the daunger of such as doe vsually robbe and steale in those partes an 43. Eliza. ca. 13. Blacke rodde is the huiffier belonging to the order of the Garter so called of his blacke rodde that he carrieth in his hand He is of the kings chamber and also huissier of the parlament Blanks cōmeth of the french blanc 1. candidus albus It signifieth a kind of coine that was coined in the parts of Frāce 5. by K. H. that were subiect to England the valew whereof was eight pence Stowes annals pa. 586. These were forbidden to be current within this realme a. 2. H. 6. ca. 9. The reason why they were called blankes may be because at the time these were coyned in France there was also a peece of gold coyned which was called a Salus of the value of 22. shillings from which this siluer was in name distinguished by the colour Bloody hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be tearmed a Finary The vse wherof if you will vnderstand you must knowe that first there is a fornace wherin 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 vnto smithes 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 blowne with bellowes made to goe by water are cast the saide sowes of raw iron and melted againe and by a workman called the finary man are wounde and wrought rounde and afterwarde beaten by a hammer into little wedges about a yarde long which are called bloomes Then
otherwise suffereth death for his transgression Clerico addmittendo is a writ directed to the bishop for the admitting of a clerk to a benefice vpon a Ne admittas tryed founde for the party that procureth the writ Regist orig fo 31. 6. Clerico captoper statutū mercatorum c. is a writ for the deliuery of a clerk out of prison that is imprisoned vpon the breach of a statut merchant Register orig fo 147. Clerico conuicto commisso gaolae in defectu ordinarii deliberando c. is a writ for the deliuery of a clerk to his ordinary that formerly was conuicted of felony by reason his ordinary did not chalenge him according to the priuiledge of clerks Register orig fo 69. a. Clerico infra sacros ordines constituto non elegendo in officium is a writ directed to the bay lifs c. that haue thrust a bayliwick or bedelship vpō one in holy orders charging them to release him againe Register orig fo 187. b. Clerk clericus hath two significations one as it is the title of him that belongeth to the holy ministery of the church that is in these daies either minister or deacon of what other degree or dignity soeuer though according to former times not only sacerdotes diaconi but also subdiaconi cantores acolyti exorcistae ostiarii were within this accoumpt as they be at this daye where the canon law hath full power And in this signification a clerk is either relegious otherwise called regular or secular anno 4. H. 4. ca. 12. The other signification of this word noteth those that by their function or course of life practise their penne in any court or other wise as namely the clerk of the rolles of parliament clerks of the Chancery and such like whose peculiar offices I purpose to set downe in order according to that knowledge that I could procure of them Clerke of the parlament rolles clericus rotulorum Parlamenti is he that recordeth all things done in the high court of Parlament and engrosseth them fairely into parhement rolles for their better keeping to all posteritie Of these there be two one of the higher another of the lower or common house Cromptons Iurisd fol. 4. 8. Smith de rep Anglor pag. 38. See also Vowels booke touching the order of the Parlament Clerke of the crowne in the chācerie clericus Coronae in Cancellaria is an officer there that by himselfe or his deputie is continually to attend the Lord Chanceler or Lord Keeper for speciall matters of estate by commission or the like either immediatly from his maiestie or by order of his priuy councell as well ordinary as extraordinary viz. commissions of lieuetenancies of Iustices errant and of assises of oyer and terrainer of gaol deliuery of the peace and such like with their writs of association and dedimus potestatem for taking of oathes Also all generall pardons vpon graunts of them at the kings coronation or at a parlament where he sitteth in the higher house at the Parlament time the writs of parlament with the names of knights and burgesses which be to be returned into his office He hath also the making of all speciall pardons and writs of execution vpon bonds of statute of the Staple forfeited which was annexed to his office in the raigne of Queene Mary in consideration of his continuall and chargeable attendance both these before being common for euery coursitour and clerk of court to make Clerk of the Crowne clericus Coronae is a clerk or officer in the Kings bench whose function is to frame reade and record all indictments against traitours felons and other offenders there arraigned vpon any publique crime He is otherwise termed Clerke of the Crowne office And anno 2. H. 4. ca. 10. he is called clerk of the crowne of the kings bench Clerk of the extreates clericus extractorum is a clerk belonging to the exchequer who termely receiueth the extreats out of the Lord treasurers remembrancer his office and writeth them out to be levied for the king He also maketh ceduls of such summes extreated as are to be discharged Clerk of assise clericus assisae is he that writeth all things iudicially done by the Iustices of assise in their circuits Cromptons Iurisd fo 227. Clerke of the pele clericus pellis is a clerk belonging to the exchequer whose office is to enter euery tellers bille into a parchement rolle called pellis receptorum and also to make another rolle of paiments which is called pellis exituum where in he setteth downe by what warrent the monie was paid Clerk of the warrants clericus warrantorum is an officer belonging to the court of common plees which entreth all warrants of atturney for plantiffe and defendant and enrolleth all deedes of indentures of bargaine and sale which are acknowledged in the court or before any iudges out of the court And he doth extreate into the exchequer all issues fines and amercements which growe due to the king any way in that court and hath a standing fee of ten pound of the king for making the same extreats See Fitzh nat br fo 76. in prin Clerk of the petit bagge clericus parvae bagiae is an officer of the chawncerie of which sort there be three and the master of the Roles their cheife Their office is to record the returne of all inquisitions out of euerie shire all liveries granted in the courte of wardes all ouster les mains to make all patents of customers gawgers controllers and aulnegers all conge d' eslires for Bishops all liberateis vpon extents of statute staples the recouerie of Recognisances forfeited and all Elegits vpon them the summons of the nobilitie clergie and burgeses to the Parlament commissions directed to knights and other of euery shire for seassing of the subsidies Writs for the nominations of collectours for the fiftenthes and all traverses vpon any office bille or otherwise and to recieue the money due to the king for the same This officer is mentioned anno 33. H. 8. ca. 22. Clerk of the Kings great wardrobe clericus magnae garderobae regis is an officer of the Kings house that keepeth an account or Inventarie in writing of all things belonging to the kings wardrobe This officer is mentioned anno 1. Ed. 4. ca. 1. Clerk of the market clericus merketi is an officer of the kings house anno 1. Ed. 4. cap. 1. anno 13. R. 2. ca. 4. whose dutie is to take charge of the kings measures and to keepe the standards of them that is the examples of all the measures that ought to be through the land as of elns yards lagens as quarts pottels gallons c. of weights bushels and such like and to see that all measures in euerie place be answerable vnto the said standard Fleta li. 2. ca. 8. 9. 10. 11. 12. of which office as also of our diuersitie of weights and measures you may there finde a treatise worth the reading Britton also in
10. Magna Charta c. 7. or the halfe by the custome of some countries as in Gavelkinde Fitzh nat br fol. 150. O. And though it bee named it seemeth that it cannot bee aboue halfe the lands of the husband Fitzh nat br fol. 150. P. And the woman that will chalenge this dower must make 3. things good viz. that shee was maried to her husband that he was in his life time seised of the land whereof shee demaundeth dower and that he is dead Cokesreportes li. 2. Binghams case fo 93. a. Of these things see Glanvile li. 6. cap. 1. 2. 3. Bracton lib. 2. ca. 38. 39. lib. 4. tracta 6. cap. 1. 6. and Britton cap. 101. 102. 103. 104. and Fitzherb natur brev fol. 147. 148. 149. 150. And this custumary dower seemeth to be obserued in other nations as well as in ours Hotoman verbo Dotalitium in verbis feudal Cassan de consuetud Burg. pag. 580. 676. 677. de conventionali p. 720. And to these ioyne the graund Custumarie of Normandie cap. 102. where you shall perceiue that in a maner all our lawe in this point is taken from the Normans See Endowment Of dower reade Fleta likewise who writeth largely thereof and hath many things worth the learning li. 5. ca. 22 seqq Dozenne See Decennier Drags ano 6. H. 6. ca. 5. seeme to be wood or timber so ioyned together as swimming or floting vpon the water they may beare a burden or load of other wares downe the river Drawe latches anno 5. Ed. 3. ca. 14. anno 7. Rich. 2. ca. 5. Master Lamberd in his Eirenarch lib 2. ca. 6. calleth them miching theeues as Wasters and Roberdsemen mighty theeues saying that the words be growne out of vse Dreit Dreit signifieth a double right that is ius possessionis ius Domini Bracton lib 4. cap. 27. lib. 4. tracta 4. cap 4. lib. 5. tracta 3. cap. 5. Drye exchaunge an 3. H. 7. ca. 5. Cambium siccum seemeth to be a clenly terme inuented for the disguising of foule vsury in the which some thing is pretended to passe of both sides wheras in truth nothing passeth but on the one side in which respect it may well be called drie Of this Ludouicus Lopes tractat de contract negotiatio lib 2. ca. pri § Deinde postquam writeth thus Cambium est reale vel siccum Cambium reale dicitur quod consistentiam veri Cambit realem habet Cambium per trans Cambium minutum Cambium autē siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humore vitali iam carens apparentiam arboris habet non existentiam Summa Sylv Verbo Vsura quaest 6. Est ergo Cambium siccum iuxta hanc acceptionem in qua etiam accipitur in Extrau Pii quinti idem quod Cambium fictū Non autē habet propriam naturam Cambii sed mutui vsurae At verò secundum Laurentium de Nauarra in Cōmento de vsuris Cambiis citatam Cambium siccum in alia acceptione minùs communi sumptum est Cambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo siccum quia sine praeuia acceptione dat Campsor Quod tamen vt fic acceptum autore Siluestro licitè celebratur aliquando Quia tunc verum reale Cambium est differens genere ab eo Cambio in quo Campsor prius recipit Quia in isto Campsor semper primò dat deinde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what catell are in the forest that it may be known whether it be ouercharged or not and whose the beastes be This drift when how often in the yeare by whome and in what maner it is to be made see Manwood parte 2. of his forest lawes cap 15. Droit d' Advowzen See Recto de aduocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur Disclaimer See Recto sur disclaimer Droit patent See Rectopatens Duces tecum is a writ commaunding one to appeare at a day in the chauncery and to bring with him some peece of euidence or other thing that the court would view See the new booke of Entries verb. Duces tecum Duke Dux commethe of the french Duc It signifieth in auncient times among the Romaines Ductorem exercitus such as led their armies who if by their prowes they obteined any famous victory they were by their souldiers sa'uted Imperatores as Hotoman verbo Dux de verbis feud il proueth out of Lyvy Tully and others Sithence that they were called Duces to whome the king or people committed the custodie or regiment of any province Idem eod And this seemeth to proceede from the Lombards or Germans Sigon de regno Ital. l. 4. In some natiōs at this day the Soveraignes of the country are called by this name as Duke of Russia Duke of Swethen Heere in England Duke is the next in seculer dignitie to the Prince of Wales And as M. Camden saith heretofore in the Saxons times they were called Dukes without any addition being but meere officers and leaders of armies After the Conquerour came in there were none of this title vntil Edward the thirds daies who made Edward his son Duke of Cornwayle After that there were more made and in such sort that their titles descended by inheritance to their posteritie They were created with solemnitie per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britan. pa. 166. Zasium de feudis parte 4. nu 7. Cassan de consuetud Burg pag. 6. 10. and Ferns glory of generosity pag. 139. Dutchy court is a court wherein all maters appertaining to the Dutchy of Lancaster are descided the decree of the Chauncelour of that Court. And the originall of it was in Henry the fourthes daies who obtaining the crown by deposing Richard the second and hauing the Dutchy of Lancaster by discent in the right of his mother he was seised thereof as king and not as Duke So that all the liberties fraunchises and Iurisdictions of the said Dutchy passed from the king by his graund seale and not by liverie or attournment as the possessions of Everwicke and of the Earldome of March and such others did which had descended to the king by other Auncesters then kings But at the last Henry the 4. by authoritie of Parlament passed a charter whereby the possessions liberties c. of the said Dutchy were seuered from the Crowne Yet Henry the 7. reduced it to his former nature as it was in Henry the fifts daies Crompton Iurisdict fol. 136. The officers belonging to this Court are the Chauncellour the Atturney Receiuer generall Clerke of the court the Messenger Beside these there be certain Assistantes of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chauncery foure
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a sword in the ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
space of 200. yeares was farre spred in Christendome and namely here in England But at the last the cheife of them at Hierusalem being as some men say found to fall away to the Sazarens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Ed. the 1. daies and their substance giuen partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mnndi parte 9. Consid 5. and See anno prim Ed. 1. cap. 42. Others wright that in truth their destruction grewe from leaning to the Emperour against the Pope of Rome what soeuer was pretended Ioach. Stephanus De iurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parlament and be two Knights or other gentlemen of worth that are chosen in pleno Comitatu by the free holders of euery Countie that can dispend 40. shillings per annum and be Resient in the shire anno 10. H 6. cap. 2. anno 1. H. 5. cap. 1. vpon the Kings writ to be sent to the Parlament and there by their counsell to assist the common proceedings of the whole Realme These when euery man that had a Knights fee were custumarily constreined to be a Knight were of necessity to be milites gladio cincti for so runneth the tenour of the writ at this day Cromptons Iurisdict fol. pri But nowe there being but fewe Knights in comparison of former times many men of great liuing in euery county Custome beareth that Esquiers may be chosen to this office anno 23. H. 6. ca. 6. so that they be resient within the countie anno H. 6. cap. 7. anno 1. H. 5. cap. prim For the obseruations in choice of these knights see the statutes anno 7. H. 4. cap. 15. anno 11. eiusdem cap. 1. anno 6. H. 6. cap. 4. anno 23. H. 6. cap. 15. and the new booke of Entries verbo Parlament nu 1. Their expences during the Parlament are borne by the County anno 35. H. 8. cap. 11. Knight Marshiall Marescallus hospitii Regii is an officer in the kings house hauing iurisdiction and cognisance of any transgression within the kings house and verge as also of contracts made within the same house whereunto one of the house is a partie Register orig fo 185. a. b. fo 191. b. whereof you may there reade more at large Knights fee Feudum militare is so much inheritaunce as is sufficient yearely to maintaine a knight with conuenient reuenew which in Henry the. 3. daies was fifteene pounds Camdeni Britan. pag. â—11 or 680. acres of land or 800. acres eodem But S. Thomas Smith in his Repub. Angl. lib. pri cap. 18. rateth it at fourtie pound And I finde in the statute for knights anno pri Ed. 2. cap pri that such as had 20. pound in fee or for terme of life per annum might be compelled to be knights M. Stowe in his annals pag. 285. saith that there were found in England at the time of the Conqueror 60211. Knights fees others say 60215. whereof the religious houses before their suppression were possessed of 28015. Knights fee is sometime vsed for the rent that a knight payeth for his fee to his Lord of whom he houldeth And this is an vncertaine summe some houlding by fortie shillings the sheild some by twenty shillings as appeareth by Bracton lib. 5. tract pri cap. 2. Knighten Gylde was a Gylde in London consisting of 19. knights which king Edgar founded giuing vnto them a portion of void ground lying without the walls of the city now called Portesoken ward Stow. in his Annals pag. 151. L LAborariis is a writ that lieth against such as hauing not whereof to liue doe refuse to serue or for him that refuseth to serue in summer where he serued in winter orig Register fol. 189. b. Laches commeth of the French lascher i. laxare or lusche i. frigidus ignavus flaccidus it signifieth in our common law negligence as no laches shal be adiudged in the heire within age Litleton fol. 136. and old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot haue an Assise but I must take mine action vpon the case Lagon See Flotzon Laised listes anno i. R. 3. cap. 8. Land tenent anno 14. Ed. 〈◊〉 stat 1. cap. 3. anno 23. eiusdem cap. 1. 26. eiusdem stat 5. cap. 2. See Terre-tenent anno 12. R. 2. cap. 4. anno 4. H. 4. cap. 8. it is ioyned with this word Possessor as Synonymon v. anno 1. H. 6. cap. 5. See Terretenent Lanis de crescentia Walliae traducendis abque custuma c. is a writ that lyeth to the customer of a porte for the permitting one to passe ouer wolles without custome because he hath paid custome in Wales before Register fol. 279. Lapse Lapsus is a slippe or departure of a right of preseÌ„ting to avoide benefice from the originall patron neglecting to present within six monethes vnto the Ordinary For we say that benefice is in lapse or lapsed wherevnto he that ought to present hath omitted or slipped his oportunitie anno 13. Eliz. cap. 12. This lapse groweth as well the Patron being ignorant of the auoydance as priuie except onely vpon the resignation of the former Incumbent or the depriuation vpon any cause comprehended in the statute anno 13. Eliz. cap. 12. Panor in cap. quia diuersitatem nu 7. de concess praebend Rebuffus de devolut in praxi beneficiorum Lancelotus de collation lib. 1. Institut canon § Tempus autem In which cases the Bishop ought to giue notice to the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Symbol titulo Inditements to be theft of personall goods or chatels in the owners absence and in respect of the things stollen it is either great or small Great Larceny is wherin the things stolne though seuerally exceede the value of 12. pence and petit Larceny is when the goods stolne exceede not the value of 12. pence hitherto M. West But he differeth from Bracton lib. 3. tract 2. c. 32. n. 1. Of this see more in Stawnf pl. cor l. 1. cap. 15. 16. 17. 18. 19. Laghslite is compounded of lah. i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb explicat of Saxon words verbo Mulcta Last is a Saxon word signifiing a burden in generall as also particularly a certaine weight for as we say a last of hering so they say Ein last corns last wines c. thence commeth lastage which see in Lestage A last of hering conteineth 10. thousand an 31. Ed. 3. stat 2. cap. 2. a last of pitch and tarre or of ashes conteineth 14. barrels anno 32. H. 8. cap. 14. a last of hides
time exhorting them ne merces tam viles tanti emerent Parke parcus commeth of the French parquer i. vallo vel fossa circundare It signifieth with vs a peece of grounde inclosed and stored with wild beastes of chase Which a man may haue by prescription or the kings graunt Cromptons Iurisd fol. 148. M. Manwood parte pri of his Forest lawes pag. 148. defineth it thus A parke is a place of priuiledge for wilde beastes of venerie and also for other wild beasts that are beasts of the Forest and of the chase tam syluestres quam campestres And all those wild beastes are to haue a firme peace and protectioÌ„ there So that no man may hurt or chase them within the park without licence of the owner of the same Who also fol. 149. saith thus A parke is of another nature then either a chase or a warren is For a parke must bee inclosed and may not lye ope 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 enclosed And moreouer the owner cannot haue action against such as hunt in his park if it lye open See Forest See Chase See Warren This word Parke Baldwinus deriueth a paradiso eumque locum esse dicit in quo varia animalia ad vsum voluptatis aut venationis includuntur possidentur adempta naturali libertate Ad tit 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 trespas done vpon another mans ground are lawfully impounded Register originall fol. 166. Fitzh nat br fol. 100. Parish parochia commeth of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Accolarum conuentus accolatus sacra vicinia it is vsed in the Cannon law some time for a Bishoprick But in our common law it signifieth the particular charge of a secular priest For euery church is either Cathedrall Couentuall or Parochiall Cathedrall is that where there is a Bishop seated so called a Cathedra Conuentuall consisteth of Regular clerks professing some order of religion or of Deane and chapter or other colledge of spirituall men Parochiall is that which is instituted for the saying of diuine seruice and ministring the holy Sacraments to the people dwelling within a certaine compas of ground neare vnto it Our Realme was first diuided into parishes by Honorius Archb of Canterbury in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputations de feudis ca. 2. maketh mention of this word parochia out of Pomponius Laetus in these words Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit eamque ab Imperat 〈…〉 Constantino repetitam vt Duc 〈…〉 praefectis Tribunis qui pro augendâ— Imperio consenuerant darentur agri villaeque vt necessaria suppet 〈…〉 quoad viuerent quas paroehias cabant And a litle after ver 〈…〉 inter feuda parochias hoc 〈…〉 est quod hae plerumque senibus 〈…〉 veteranis plerisque emeritae 〈…〉 dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum nasceretur euocati non tam milites quà m magistri milituÌ„ viderentur Feuda vero plurimum Iâ—â—enibus robustis primo flore aetatis qui militiae munus sustinere poteraÌ„t imo verò vt posseÌ„t vt velleÌ„t c. Parlament parlamentum is a French word signifiing originally as much as Collocutio or colloquium but by vse it is also taken for those high courts of Iustice throughout the kingdome of Fraunce where mens causes and differences are publikely determined without farder appeale Whereof there be seuen in number as Paris Tolouse Gresnoble in Daulphene Aix in Prouence Bordeaux Diion in Bourgogine and Roan in Normandy Vincentius Lupanus de Magistrat Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Haillon addeth the eighth viz. Rhenes in Brettagne In England we vse it for the assembly of the king and the three estates of the Realme videlicet the Lords Spirituall the Lords Temporall and commons for the debating of maters touching the common wealth and especially the making and correcting of lawes which assembly or court is of all other the highest and of greatest authoritie as you may reade in Sir Thomas Smith de Repub. Anglo lib. 2. cap. 1. 2. Camd. Britan. pag. 112. and Cromptons Iurisd fol. pri seqq The institution of this court Polydor Virgil lib. 11. of his Chronicles referreth after a sort to Henry the first yet confessing that it was vsed before though verie seldome I find in the former prologue of the Grande Custumarie of Normandie that the Normans vsed the same meanes in making their lawes And I haue seene a monument of Antiquite shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred which as my note saith was deliuered by the discreeter sorte of the Realme vnto William the Conquerour at his commaundement 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 Archiepiscopis Episcopis Abbatibus Prioribus per BaroniaÌ„ tenentibus Tertius gradus est de procuratoribus cleri Quartus gradus est de Comitibus Baronibus aliis Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est parlamentum ex sex gradibus sed sciendum licet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nibilo minus censetur esse plenum Touching the great authoritie of this court I finde in Stowes Annalls pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke thereby to discharge him of the Captainship of Cales the Earle refused to obey the priuie seale and continued forth the said office because he receiued it by Parlament But one example cannot make good a doctrine And of these two one must needes be true that either the king is aboue the Parlament that is the positiue lawes of his kingdome or els that he is not an absolute king Aristotle lib. 3. Politico cap. 16. And therefore though it be a mercifull policie and also a politique mercie not alterable without great perill to make lawes by the consent of the whole Realme because so no one part shall haue cause to complaine of a partialitie yet simply to binde the prince to or by these lawes weare repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5.
our common lawe plurally those that are empaneled in an Enquest vpon any man for the conuicting and clearing him of any offence for the which he is called in question And the reason thereof is because the course and custome of our nation is to trie euery man in this case by his equals West prim cap. 6. anno 3. Ed. prim So Kitchin vseth it fol. 78. in these wordes Mais si le amerciament soit affirre per pares And this word in this signification is not in vse with vs onely but with other nations also For pares sunt conuasalli quorum sententiá vasallus propter feloniam est condemnatus Barklaius de Regno lib. 4. cap. 2. Et pares sunt qui ab eodem domino feudum tenent lib. prim Feudor cap. 26. But this word is most notoriously vsed for those that be of the Nobilitie of the Realme and Lords of the Parlament and so is it vsed in Stawnf pl. of the Crowne lib. 3. cap. Triall per les Peeres being the first The reason whereof is because though there be a distinction of degrees in our Nobilitie yet in all publike actions they are equall as in their voices in Parlament and in passing vpon the triall of any Noble man c. This appellation seemeth to be borowed from Fraunce and from those twelue Peeres that Charles the Great or Lewis the younger in some mens opinion instituted in that kingdome which be next vnto the King and are of like dignitie among themselues touching their power in publike affaires Of whome you may reade Vincentius Lupanus de magistrat Fraunciae lib 1. cap. Pares Fraunciae So that we though we haue borowed the appellation and applied it with some reason to all that are Lords of the Parlament yet haue wee no sett number of them because the number of our Nobles may be more or lesse as it pleaseth the King Pelota is a word vsed in the booke called pupilla ocult parte 5. cap. 22. signifying the ball of the foot of the French pelote i. pila Peru fort dure See Pain for dure Pelt wooll is the woll pulled off the skinne or pelt of dead sheepe anno 8. H. 6. cap. 22. Penon anno 11. R. 2. cap. prim is a Standard Banner or Ensigne caried in warre It is borowed from Fraunce for pennon in the French language signifieth the same thing See Baneret yea reade this word anno 21. R. 2. cap. 1. Penne See Baye Peper piper is a spice known in a manner to euery childe beeing the fruite of a plant that is betweene a tree and an herbe of whose diuersities and nature you may reade Genards herball lib. 3. cap. â—46 This is set among merchandize that are to be garbled anno 1. Iacob cap. 19. Peper lowse anno 32. H. 8 cap. 14. Per. cui post See Entrie Perambulatione facionda is a writ that is siewed out by two or more Lords of manets lying neere one another and consenting to haue their bounds seuerally knowne It is directed to the Shyreeue commanding him to make perambulation and to set downe their certaine limits betweene them Of this reade more at large in Fitz. nat br fol. 133. See Rationabilibus diuisis See the Regist orig fol. 157. and the new booke of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is vsed with vs for a Rodde or Pole of 16. foote and a halfe in length Where of 40 in length and foure in bredth make an acre of ground Cromptons Iurisd fol. 222. Yet by the custome of the countrie is may be longer as he there saith For in the Forest of Sheerewood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Roode of land where he hath also these wordes in effect Three beere cornes without tayles set together in length make an inch of the which cornes one should be taken of the midde ridge one of the side of the ridge another of the furrow Twelue inches make a foot of measure three foote and an inch make an elne sixe elnes long make one fall which is the common lineall measure and sixe elnes long and sixe broade make a square and superficiall fall of measured land And it is to be vnderstood that one rod one raip one line all fall of measure are all one for each one of them containeth sixe elnes in length Howbeit a rod is a staffe or pole of wood a raipe is made of tow or hempe And so much land as falleth vnder the rod or raipe at once is called a fal of measure or a lineal fall because it is the measure of the line or length onely Like as the superficiall fall is the measure both of length and bredth Item tenne fals in length and foure in bredth make a Roode foure Roodes make an acre c. This is the measure of Scotland where of you may reade more in the same place Perdonatio vtlagariae in the Register iudiciall fol. 28. is the forme of pardon for him that for not comming to the kings court is outlawed and afterward of his owne accord yeldeth himselfe to prison Peremptorie peremptorius commeth of the verb perimere to cut of and ioyned with a substantiue as action or exception signifieth a finall and determinate act without hope of renewing So Fitzh calleth a peremptory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q. R. fol. 108. D. G. and non-suite peremptorie idem eodem fol. 5. N. F. fol. 11. A. peremptory exception Bracton li. 4. ca. 20. Smith de rep Anglorum li. 2. ca. 13. calleth that a peremptory exception which can make the state and issue in a cause Perinde valere is a dispensation graunted to a clerk that being defectiue in his capacity to a benefice or other ecclesiasticall function is de facto admitted vnto it And it hath the appellation of the words which make the faculty as effectuall to the party dispensed with as if he had bene actually capable of the thing for which he is dispensed with at the time of his admissioÌ„ Perkins was a learned Lawyer fellow and bencher of the inner Temple that liued in the daies of Edward the 6. and Queene Mary He writ a booke vpon diuers points of the common law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexae cum ecclesia praebenda is a writ to an Ordinary commaunding him to admit a clerk to a benefice vpon exchaunge made with another Register orig fol. 307. a. Pernour of profits commeth of the French verb prendre i. accipere and signifieth him that taketh as pernour of profits anno 1. H. 7. ca. pri Pernour de profits and cesti quevse is all one Coke li. i. casu Chudley fol. 123. a. See Pernour anno 21. R. 2. ca. 25. Per quae seruitia is a writ iudiciall issuying from the note or fine and
lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries verâ—â— Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere 〈◊〉 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar 〈…〉 Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariuÌ„ Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis 〈◊〉 deferatur quoniam denarius hic Rogis eleemmoz 〈…〉 est Iusticia verò faciat denarium 〈◊〉 dere foriffacturam Episcopiâ— Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paulâ— denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉 ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p 〈…〉 at Lammas yearly See Romes 〈…〉 Petit Cape See Cape Petit Larceny parvum latr 〈…〉 nium See Larcenye Petit treason parua traditio in true French is petit trahizon 〈…〉 proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indiâ—ements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Stawâ—f pl. cor lib. 1. cap. 12. See also Crom 〈…〉 Iustice of peace fol. 2. where he addeth diuers other examp 〈…〉 those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit 〈◊〉 fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp
Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer bridges anno 39. Eliz. cap. 24. anno 1. H. 8. cap. 9. and see the statute anno 22. H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely possession in law and not in deed speaking of the lands escheated by the attainder of the owner See praerog fol. 54. 55. In this signification also there is an vnitie of possessiō which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the king for a fine formerly acknowledged before him in his court which is paid by the cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes reports volum 6. Rowlands case fol. 41. b. 42. a. See Custos breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
from the first day of the said weeke vntill Trinitie Sunday See Aduent Roode of land Roda terrae is a certaine quantitie of land being the fourth part of an acre ann 5. Eliz. ca. 5. See Perch Roll aliâs Roule Rotulum commeth of the French Rouler i. volvere pervolvere rotare whence also is the French Role ou Roule i. volumen catalogus Codex It signifieth with vs a shedule of paper or parchment turned or wound vp with the hand to the fashion of a pipe So is it vsed in Stawnf plees of the Crowne fol. 11. The chequer rolle of the kings house out of the statute anno 3. H. 7. cap. 13. which signifieth nothing but the catalogue wherein the names of the Kings houshould seruants are set downe And anno 5. Rich. 2. cap. 14. stat pri there is mention made of the great Rolle of the Exchequer which seemeth otherwise to be called the pipe The Roules is also a place destinated by Ed. 3. to the the keeping of the Rols or Records of the Chauncery situat betweene the two Temples in London Camd Britan pag. 321. the Master whereof is the second man in Chauncery and in the absence of the Lord Chaunceler or Keeper sitteth as Iudge being commonly called the Master of the Rols See Master of the Rols Romescot is compounded of Rome and Scot as you would say the tribute due to Rome it is called by Mathaeus Westmonasteriensis Consuetudo Apostolica à qua neque Rex neque Archiepiscopus vel Episcopus Abbas vel Prior aut quilibet in regno immunis erat and was first graunted by Offa a Saxon King Camd. Britan. pag. 306. See Peter pence and Roger Houeden parte poster suorum annalium fol. 344. a. in Henrico secundo Roundlet is a certaine measure of wine oyle c. containing 18. gallons and a halfe anno 1. R. 3. cap. 13. Route Routa is a French word signifying a companie or flocke as vne grande route de gents on de cerfs i. grex hominum longa ceruorum series It signifieth in our common lawe an assembly of three persōs or more going on about forcibly to cōmit an vnlawfull act but yet doe it not Westm. parte 2. sym titulo Indictments sect 65. o. M. Lamberd thus saith of it A Route is the same which the Germans yet call Rot meaning a band or great companie of men gathered together and going about to execute or executing indeed any ryot or vnlawfull act and saith more it is said properly of the multitude that assembleth themselues in such disorderly sort for their common quarels As if the inhabitants of a towneship doe assemble to pull downe a hedge or pale to haue their common where they ought to haue none or to beate a man that hath done them some publike offence or displeasure But the statute of 18. Ed. 3. stat prim cap. vnico which giueth processe of outlawrie against such as bring routes into the presence of the Iustices or in affray of the people and the Statute of 2. Rich. 2. cap. 6. that speaketh of riding in great routes to make entrie into lands and to beate others and to take their wiues c. doe seeme to vnderstand it more largely And it is a route whether they put their purpose in execution or no if so be that they do goe ride or moue forward after their meeting Broke titulo Riot 4. 5. So as it seemeth a route should be a speciall kind of vnlawfull assembly and a riot the disorderly fact committed generally by any vnlawfull assembly Howsoeuer it be two things are common both to Riot Route and vnlawfull assembly the one that three persons at the least bee gathered together for so it is commonly taken at this day as I haue learned the other that they being together do breed disturbance of the peace either by signification of speech shew of armour turbulent gesture or actuall and expresse violence so that either the peaceable sort of men be vnquieted and feared by the fact or the lighter sort and busie bodies emboldened by the example Thus farre M. Lamberd in his Eirenarcha lib. 2. cap. 5. c. Where you may reade more worth the noting though too long to be copied out See Riot and Vnlawfull assembly Kitchin giueth the same definition of a Route fol. 20. Rowing of clothes anno 27. H. 8. cap. 13. Royall assent regius assensus is that approbation which the King giueth to a thing formerly done by others as to the electiō of a Bishop by Deane and Chapter Which giuen then he sendeth an especiall writ to some person for the taking of his fealtie The forme of which writ you may see in Fitz. nat br fol. 170. C. And also to a bill passed by both the Houses of Parlament Cromptons Iuris fol. 8. which assent being once giuen the bill is indorsed with these wordes Le Roy veult i. it pleaseth the King If he refuse to agree vnto it then thus Le roy aduisera 1. the King will yet thinke of it See Parlament Royalties regalia vel regalitates be the rights of the King Iura Regis Hotoman in verbis feudal verbo Regum Feudistae And so are they vnderstoode of vs likewise who otherwise call them the Kings prerogatiue See Prerogatiue And some of these be such as the King may graunt vnto common persous some so high as may not be separated from his owne Crowne priuatiuè as the Ciuilians terme it though cumulatiuè he may See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuell cap. 8. but these generalities bee specified more at large by those Lawyers that write of this point Among whom I especially commend Mathaeum de Afflictis vpon the title of the Feuds Quae sint regalia being the 33. title of the third booke as some diuide them but according to others the 56. of the second booke where be named in the text 25. specialties of Royalties See also Hotomans Commentaries in lib. 2. Feudor cap. 56. Rouge crosse See Herald Rudge washed Kersey i. made of fleece wooll washed onely on the sheepes backe anno 35. Eliz. cap. 10. S SAbles See Furre Sac sacha vel Sacca is a Royalty or priuiledge touching plee and correction of trespasses of men within a maner Rastal titulo expos of words where he addeth this reason because saith he Sac in english is Encheson in French as to say for sick sack pour quel encheson i. for what hurt That which our common lawyers call encheson the true French man termeth Achoise i. occasionem as Achoise fort grande occasio ampla or els may encheson come of Encheoir i. incidere which we in english call an accident or incident But all this is farre enough from sac and from the interpretation thereof as it is a liberty or priuiledge Bracton hath the word as Stawnford not eth out of him pl. cor li. pri cap 23. but neither of them both doe particularly interpret it
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
as well the inquest that indicteth a man as the enquest vpon the arraignment that attainteth or acquiteth him For these two make but one entire triall that euery man is to haue when he is impeached of treason But others haue answered to this that triall in common speech is the triall that a man is to haue after he is indicted and not before For in lawe the inditement is nought but the accusation against him which he is to make answer vnto and that being tried it either attainteth or acquiteth him So that the triall is the issue which is tried vpon the Inditement not the Inditement it selfe For that is no part of the thing which trieth but the thing which is tried and the offence And so is this word Triall vnderstood in the statute anno 33. H. 8. cap. 23. where it saith thus must be indighted within the shires or places where they committed their offences and also tried by the Inhabitants or feeeholders So he putteth a differen ce betwene Inditement and Triall as he doth also afterward in these words There to be indited and tried of their offences c. Thus far Stawnf Sir Tho. Smith de Rep. Anglo li 2. ca 5. saieth that by order and vsage of England there are three trialls that is 3. waies and maners whereby absolute and definite Iudgement is giuen by Parlament which is the highest and most absolute by battell and great Assise which he seuerally describeth in 3. chapters folowing though not so fully as the thing requireth But of the great Assise he speaketh at large in the 23. chapter of the same booke And of these trials see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he deuideth the great Assise into two sorts one proper to Baroâ— of the Parlament which is by 20. or 18. of their Peeres the other common to others of lower condition which is by 12. men that be neighbours to the place where the offence was committed And of those you may read him at large in the saide chapters there following See Twelue men See the new booke of Entrise verbo Triall Trihing Trihinga vel Trithinga seemeth by a place in Edward the confessours lawes set out by M. Lamberd nu 34. to be the third part of a shire or prouince otherwise called Leth which we now call Leete The same lawe doth M. Camden also mention pag. 102. 103. This court is ahoue a court Baron and inferiour to the Shire or countie This word is also vsed in the sentence of excommunication vpon the great Charter and charter of the Forest denounced in the daies of Edward the first as it is latined in the booke called pupilla oculi parte 5. cap. 22. A. I. in these words Visus autem de franco plegio sic fiat sc quòd pax nostra teneatur quod Trihing a integra sit sicut esse consueuit c. Of this Fleta lib. 2. cap. 61. § final writeth thus Sciendum est quod alâ—â— potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars prouinciae qni verò super eas dominabantur trithingreves vocabantur quibus deferebantur causa quae non in Wapentakiis poterant definiri in Schiram Sicque quòd vocatur Hundredum iam per variationem locorum idiomatis Wapentakie appellatur tria vel quatuor velplura Hundreda solebant trithinga vocari quod in trithingis non poterant diffiniri in shiram i. in comitatum deferebatur terminanduÌ„ Modernis autem temporibus pro vno eodeÌ„ habentur apud homines Hundreda Wapentakia trithinga Learne whether those diuisions in Yorke-shire called ridings be not quasitrithings Of this Roger Houeden parte post suorum annal fo 346. b. hath the same words in effect Treswell of double soled shooes anno 2. 3. Ed. 6. cap. 9. which as I haue heard should rather be written creswel signifieth the broad edge or verge of the shoe sole round about Trinitie honse is a certaine house at Deptford which belongeth to a companie or corporation of sea-faring men that haue power by the Kings Charter to take knowledge of those that destroy sea markes and to redresse their doings as also to correct the faults of saylers c. and to take care of diuers other things belonging to nauigation and the seas v. anno 8. Elizab. ca. 13. anno 35. eiusdem ca. 6. Trink is a kind of net to fish withall anno 2. H. 6. cap. 15. Triours be such as be chosen by the court to examine whether a challenge made to the panell or any of the panell be iust yea or not Brooke titulo Chalenge f. 122. ould na br f. 158. Tritis aliás Tristis is an immunitie from that attendance in the forest whereby euery man dwelling in the forest is tyed to be readie houlding of a Greyhound when the Lord of the Forest is disposed to chace within his Forest at such place as he shall be appointed or els to be amerced for dis default Manwood parte pri of his forest lawes pag. 86. and Cromptons Iurisdict fol. 192. 197. Tronage Tronagium is a kind of tolle Westm 2. cap. 25. anno 13. Ed. 1. taken as it seemeth for weying For I find in Fleta li. 2. cap. 12. § Item vlnas that trona is a beame to weigh with See Weight Trover commeth of the French Trouver i. Invenire It signifieth in our common lawe an action which a man hath against one that hauing found any of his goods refuseth to deliuer them vpoÌ„ demaund See the new bookof Entries ver Trover Troy weight Pondus Troiae See Weight Tumbrell Tumbrellum is an engine of punishment which ought to be in euery libertie that hath view of frank pledge for the coertion of skowldes and vnquiet women Kitchin fo 13. a. Newe booke of Entries Franchise 2. Quo warranto 〈◊〉 See Cucking stoole Tunne is a measure of oile or wine conteining twelue score and twelue gallons anno 〈◊〉 R. 3. cap. 12. that is 4. hogsheads Tunnage See Tonnage Turbarie Turbaria is an interest to digge turves vpon a common Kitchin fol. 94. old not br fol. 70. It commeth of the rude Latine word Turba which is vsed for a turfe Lynd in provin de deâ—imis cap. finaliâ— Turmerick Turmerica is a certaine roote of an herb growing in Arabia as I haue bene informed very wholsome for diuers diseases in horses and sometime vsed for man also in the case of ieandes It is reckoned among the garbleable drugs anno 1. Iaco. ca. 19. Turne Turnum is the Shyreeues court kept euery yeare twice once after Faster and againe after Micheelmas Magna charta cap. 35. and that within one moneth after each feast anno 3. Ed. 3. c. 15. from this court are exempted onely Archbishops Bishops Abbots Priors Earles Barons all religious men and women and all such as haue Hundreds of their owne to be kept And these are not bound
the civile canon law for provincia as balliua heere in England is vsed for a countie or shire Balkers See Conders Ballivo amoveÌ„do is a writ to remooue a baylife out of his office for want of sufficient liuing with in his bayliwick Reg. orig f. 178. Bane seemeth to signifie the destruction or ouerthrow of any thing Bracton li. 2. tracta 2. ca. 1. nu 1. as he which is the cause of of another mans drowning is said there to be la bane i. malefactor In that Bracton in the place aforesaid prefixeth a French article to this word it should seeme by his opinion that the word is French but I finde it not in any French writer that euer I read Baneret banerettus in M. Skenes opinion seemeth to be compounded of baner and rent whome reade more at large of this verbo Baneret de verbo signi but our M. Camden rather draweth the word from the German bannerheires Brittan pae 109. in meo libro S. Thomas Smith de repub Auglo li. 1. ca. 18. saith that baueret is a Knight made in the field with the ceremonie of cutting of the point of his standard and making it as it were a baner And they being before bachelers are now of greater degree allowed to display their armes in a baner in the Kings armie as barons doe M. Camden vbi supra hath these words of this matter Baneretti cùm vasallorum nomen iam desierat a baronibus secundi erant quibus inditum nomen a vexillo Concessum illis erat militaris virtutis ergo quadrato vexillo perinde ac barones vti vnde equites vexillarii a nonnullis vocantur c. Of creating a knight baneret you may read farder in M. Segar Norrey his booke li. 2. ca. 10. That they be next to barons in dignitie it appeareth by the statut an 14. R. 2. c. 11. by anno 5. R. 2. stat 2. ca. 4. it may be probably coniectured that they were aunciently called by summons to the court of parlament and anno 13. R. 2. stat 2. ca. 1. we finde that a baneret for praying a pardon for a murderer contrarie to that statut is subiect to all one punishment with a baron Iohan Gregorius Tholosanus li. 6. ca. 10. sui syntagmatis nu 9. hath these words In Gallia sunt duae species affines nobilium feudorum quas dicunt de benneretz barons Benneretus iure suae dignitatis antequam talis dici mereatur nobilis esse debet genere in quarto gradu possidens in ditione decem scutarios bachalarios armoruÌ„ 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 princeps huiusmodi personae concedit vexilli ius ex vexillo peditum in acie vel extra die solenni sacris peractis admit acumina Vocant la queve de pennon fitque labarum id est equitum vexillum vocant cornette eumque equitem facit si iam non est Quòd si ditior his fiat benneretus habet vnam benneretam aut sex equites bachalarios qui possideant singuli in censum sexcentas libras ex eius ditione seu feudo tunc possunt ex licentia principis baronis nomen sibi adsciscere Bans bannus vel bannum signifieth a publike notice giuen of any thing The word is ordinarie among the feudists and growne from them to other vses as to that which we heere in England call a proclamation whereby any thing is publikely commaunded or forbidden Vincentius de Franchis descis 521. 360. Hotoman verbo bannus in verbis fendalibus saith that there is both baÌ„nus and bannum and that they signifie two divers things His words are these Bannus siue bannum duo significat EdictuÌ„ qua die vasalli equis armisque instructi ad comitatum adesse debent sanctioneÌ„ hoc est mulctam edicto non parentis which he confirmeth by divers authorities This word bans we vse heere in England especially in the publishing of matrimoniall contracts in the church before mariage to the end that if any man can say against the inteÌ„tion of the parties either in respect of kindred or otherwise they may take their exception in time And in the canon lawe Banna sunt proclamationes sponsi sponsae in ecclesijs fieri solitae ca. 27. extra de sponsal ca. vlt. qui matrimonium accus pos ca. vlt de clan despons Yet our word banning seemeth to come thence being nothing but an exclamation of another Onely Bracton once maketh mention of bannus regis for a proclamation or silence made by the crier before the congresse of the champions in a combate li. 3 tracta 2. ca. 21. Bank bancus commeth of the French banque i. mensa In our common lawe it is most vsually taken for a seate or bench of iudgement as bank leroy the kings bench bank de commoÌ„ plees the bench of comon plees or the common bench Kitchin fo 102. called also in latine bancus regius bancus communium placitorum Crompt iuris fo 67. 91. Camden in his Britannia pa. 112. 113. in meo calleth them also bancum regium bancum communem See frank bank Bankrupt alià s bankrowte coÌ„meth of the french banque route and faire banqueroute with the French is as much as foro cedere solâ—â— vetere with the Romanes The composition of the French word I take to be this banque i. monsa route i. vestigium metaphorically taken from the signe left in the earth of a table once fastened vnto it now taken away So that the original seemeh to haue sprung froÌ„ those Romain mensary which as appeareth by many wrighters had their tabernas mensas in certaine publique places whereof when they were disposed to flie deceiue men that had put them in trust with their monies they left but the signes or carcases behinde them I know that others of good learning and M. Skene for one bring this a banco rupto but the French word worketh in me this other opinion for after their sence the French should rather be banque rompu Bankrupt with vs signifieth him or his act that hauing gotton other mens goods into his hands hideth him selfe in places vnknowne or in his owne priuate house not minding to pay or restore to his creditours their duties anno 34. H. 8. ca. 4. where the french phrase faire banque route is translated to the word to make bankrupt A bankrupt anno 1. Iacobi ca. 15. is thus described All and euery such person and persons vsing or that shall vse the trade of merchandise by way of barg aining exchange bartrey cheuisance or otherwise in grosse or by seeking his her or their trade of liuing by buying and selling and being a subiect borne of this Realme or any the kings dominions or denizen