Kings house belongeth to the Earl of Norffolk in fee and that he may appoint with the Kings consent a Knight under him to execute the office which office he also describeth to be especially to execute the judgements and decrees of the Steward and to have the keeping of the prisoners lib. 2. cap. 4. and read further of his office in the fift chap. of the said Book which is to dispose of the Lodging in the Kings houshold under the Chamberlain and to clear the Verge of Strumpets c. anno 5 H. 3. statut 5. Then be there other inferiour Officers of this name as Marshal of the Justices in Eyr anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench anno 5 Ed. 3. ca. 8. and this is he which hath the Custody of the Prison called the Kings Bench in Southwark Fitzh nat brev fol. 251. I. And these inseriour Marshals be either ad placitum or in fee Kitchin fol. 143. I find also in Fleta lib. 2. ca. 15. mention of a Marshal of the Kings Hall whose office is when the Tables be prepared and Cloaths laid to call out both those of the Houshold and Strangers according to their worth and decently to place them to reject unworthy persons to know the number of the Hall and to testifie it at the next account to see Dogs kept out to save the Almes from filching to see silence kept and every man competently served with meat and drink and when the Court removeth to appoint every of the Houshold his lodging There is also a Marshal of the Eschequer anno 51 H. 3. stat 5. to whom the Court committeth the custody of the Kings Debtors during the Term-time to the end they may be farther imprisoned if they clear not their Debts He also assigneth Sheriffs Escheatours Customers and Collectors their Auditors before whom they shall account He hath all inquisitions taken before Escheators virtute officii delivered unto him to be delivered by him to the Treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshal or word for word the seat of the Marshal whom see Cromptons jurisd fol. 102. It is also used for the Prison in Southwark the reason whereof may be because the Marshal of the Kings house was wont perhaps to sit there in judgement See the Statute anno 9 R. 2. ca. 5. anno 2 Henry 4. cap. 23. Martial law is the Law that dependeth upon the voice of the King or the Kings Lieutenant in wars For howbeit the King for the indifferent and equal temper of Laws to all his Subjects do not in time of Peace make any laws but by the consent of the three estates in Parliament yet in wars by reason of great dangers rising of small occasions he useth absolute power in so much as his word goeth for Law And this is called Martial law Smith de Repub. Angl. li. 2. cap. 3. See Law of Armes Mariage Maritagium signifieth not only the coupling together of a man and wife but also the interest of bestowing a ward or a widow in mariage Magna Charta cap. 6. anno 9 Hen. 3. and Bracton lib. 2. cap. 3. and also it signifieth land given in mariage Bracton lib. 2. cap. 34 39. And in this signification the same Author saith that Maritagium est aut liberum aut servitio obligatum li. 2. cap. 7. num 3 4. Liberum maritagium disitur ubi donator vult quod terra sic data quieta sit libera ab omni seculari servitio quod ad Dominum feudi possit pertinere its quòd ille cui sic data fuerit nullum omninò inde faciat servitium usque ad tertium haeredem usque ad quartum gradum ita quòd tertius haeres sic inclusivus See the rest See also Skene de verbo significat verbo Maritagium who is worth the reading Maritagio amisso per desaltam is a writ for the Tenent in Franck mariage to recover lands c. whereof he is deforced by another Reg. fol. 171. Maritagio forisfacto is a writ See For is factura Maritagii Marke merca commeth of the Saxon Mearc which signifieth a piece of money worth thirty silver pence Lamb. explication of Saxon words verbo Mancusa what it now signifieth in our coyn every man knoweth But in antient times I find a mark of gold which was the quantity of eight ounces Stowes Annals pag. 32. and again pag. 691. 12 marks of Gold Troy weight the which was 200 pounds of English money after which rate every mark valued 16 pounds 13 shillings four pence M. Skene de verbo signif verbo Merke saith that in tractatu de ponderibus mensuris a mark signifieth an ounce weight or half a pound whereof the Dram is the eight part like as the ounce is the eight part of a mark citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in jure capitur pro auro quorum 72. faciunt libram auri duodecim unciae faciunt libram octo unciae mercam Market mercatus commeth of the French marche i. emporium forüm nundinarium it signifieth with us the same thing and also the liberty or privilege whereby a Town is inabled to keep a market Old nat brev fol. 149. So doth Bracton use it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to be distant from another Sex leucas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giveth in these words Quia omnes rationabiles dietae constant ex 20 milliaribus Dividatur ergo dieta in tres partes prima autem matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui meroes deposuerint exposuerint suerint venales quibus necessaria erit prolexior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quae quident omuia necessa erit facere de die non de nocte propter insidias incursum latronum ut omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or chalke which men in divers Countries of this Realm cast upon their Land to make it the more fertile It is some where called Malin anno 17 Edw. 4. cap. 4. Marque seemeth to be a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the ancient Statutes of our Land as much as reprisals as anno 4 H. 5. cap. 7. Marques and Reprisals are used as Synonyma And Letters of Marques are found in the same signification in the same Chapter The reason may be because the griefs whereupon these Letters are sought and granted are commonly given about the bounds and limits of every every Countrie or
stand as a Law for ever furthermore if the Chancellor or other Iudge or Officer could not well approve that the delay of Iustice complained of grew from just difficultie by reason that the case in question was formerly determined by Law or statute then might the Steward on the Kings behalf 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 Parliament was wont to remove him and assign another of better hope to the place Lastly if the King had about him any such evill Councellor as advised him to this unjust or unanswerable to his Majesty as tending either to the disherison of the Crown publick hurt or destruction of the Subject The office of the Steward was taking to him the Constable and other great men with some of the Commons and giving notice to the King of their intention to send to that Counsellor 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 hee neglected to perform then they might send to the King and with him to remove him and if the King refused then they might take him as a publick enemy to the King and Realm seise on his goods and possessions and commit his body to safe custody untill the next Parliament there to be judged by the whole Kingdome Examples are brought of Godwin Earl of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earl of the same County in the reign of Henry the third and of Peter Gaveston in Edward the seconds dayes But experience as I said hath found this Officer more dangerous then profitable and therefore hath time taught though not wholy to suppresse him yet to limit him to particular occasion and to restrain his power Then is there the Steward of the Kings most honourable houshold anno 24 Hen. 8. cap. 13. whose name is changed to the name of great Master anno 32. ejusdem 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 revived where you may at large read divers things touching his Office As also in Fitz. nat br f. 241. B. Of this Officers antient power read Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33 Hen. 8. cap. 12. To be short this word is of so great diversity that there is not a Corporation of any accompt or house of any honour almost through the Realm but it hath an Officer toward it of this name A Steward of a manor 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. alienate It signifieth in our Language generally a man born out of the Land or unknown but in the Law it hath an especiall signification for him that is not privie or a party to an act as a Stanger to a judgement old nat brev fol. 128. is he to whom a ludgement doth not belong and in this signification it is directly contrary to partie or privie See Privie Submarshall submarescallus is an Officer in the Marshal-sea that is Deputy to the chief Marshall of the Kings house commonly called the Knight Marshal and hath the custody of the prisoners there Crompt Jurisd fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chancery upon such case only as the Common law faileth in and hath not provided for so as the partie who in equity hath wrong can have none ordinary remedy by the rules and course of the Common-law West part 2. symbol titulo Proceedings in Chancery Sect. 18. where you may read many examples of such cases as Sub poena lyeth in There is also a Sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chancery as in other Courts And the name of both these proceed from words in the writ which charge the party called to appear at the day and place assigned Sub poena centum librarum c. I find mention of a common Sub poena in Cromptons Jurisd fol. 33. which signifieth nothing else but such a Sub poena as every common person is called by into the Chancery whereas any Lord of Parliament is called by the Lord Chancelors letters giving him notice of the sute intended against him and requiring him to appear Crompton cedem Subsidie Subsidium commeth of the French Subside signifying a tax or tribute assessed by Parlament and granted by the Commons to be levied of every subject according to the value of his Land or Goods after the rate of four Shillings in the pound for Land and two Shillings eight pence for Goods as it is most commonly used at this day Some hold opinion that this Subsidy is granted by the Subject to the Prince in recompence or consideration that whereas the Prince of his absolute power might make Laws of himself he doth of favour admit the consent of his Subjects therein that all thing in their own confession may be done with the greatest indifferency The manner of assessing every mans Lands or Goods is this First there issueth a Commission out of the Chancery to some man of honour or worship in every County by vertue thereof to call unto them the Head constables or Bailiff of every Hundred and by them the Constable and three or four of the substantiallest housholders in every Town within their Hundred at a day certain which men so called or so many of them as the commissioners think good to use do rate the Inhabitants of their own Town in such reasonable manner as they find meet yet by the discretion of the said Commissioners And then every man after his value set down must at his time pay to the Collector appointed after the rate aforesaid yet in antient time these subsidies seem to have been granted both for other causes as in respect of the Kings great travail and expences in wars or his great favours towards his subjects as also in other manner than now they be as every ninth Lambe every ninth Fleece and every ninth Sheaf anno 14 E. 3. stat pri cap. 20. And of these you may see great variety in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certain rate but even as the two houses shall think good to conclude Subsidy is in the statute of the Land sometime confounded with custome anno 11 H. 4. cap. 7. See Benevolence Surety of peace securit as pacis is an acknowledging of a Bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha lib. 2. cap. 2. pag. 77. This
or fire Britton ca. 7. where you may see what it differeth from Miladventure 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 the Lord by horse or carriage of horse I have heard others probably derive it from the French euvrage or euvre i. opus It seemeth with us to have two divers 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. Jacobi ca. 32. it is used for a certain contribution that Merchants and others doe every man proportionably make toward their losses who have their goods cast into the sea for the safegard of the ship or of the goods and lives of them in the ship in time of a tempest And this contribution seemeth to be so called because it is proportioned after the rate of every mans average or goods caried Averiis captis in withernam is a writ for the taking of cattel to his use that hath his cattel taken unlawfully by another and driven out of the County where they were taken that hey cannot be replevied Register origin fol. 82. a. b. Averment verificatto commeth of the French averer i. testari as averer quelque meschancete i. extrahere scelus aliquod in lucem ex occultis tenebris It signifieth according to the Author of the terms of Law an offer of the Defendant to make good or to justifie an exception pleaded in abatement or barre of the Plaintiffs act But me thinketh it should rather signifie the act than the offer or justifying the exception by divers places where I find it used For example an 34. Ed. 1. stat 2. And the demandant will offer to aver by the assise or jury where to offer to aver and to aver must needs differ and again in the same statute and the demandant will offer to averr by the country c. thirdly in the English nat br fo 57. These errors shall be tried by averment c. Aver pennie quasi Average pennie is money contributed toward the Kings averages Rastal exposition of words See Average Augmentation augmentatio was the name of a Court erected the seven and twentieth year of Henry the 8. as appeareth by the 27. chapter of that years parliament And the end thereof was that the King might be justly dealt with touching the profit of such religious houses and their lands as were given unto him by act of Parliament the same year not printed For the dissolving of which court there was authority given to Queen Mary by the Parliament held the first year of her reign ses 2. cap. 10. which she afterward put in execution by her letters patents The name of the Court grew from this that the revenues of the Crown were augmented so much by the suppression of the said houses as the King reserved unto the Crown and neither gave nor sold away to others Aulne of Renesh wine a. 1. Ed. 6. cap. 13. alias Awme of Renish wine 1. Jaco ca. p 33. is a vessel that containeth forty gallons Aulnogeour See Alneger Ave is the name of a writ for the which see Ayle Awncell weight as I have been informed is a kind of weight with scoles hanging or hooks fastened at each end of a staff which a man lifteth up upon his fore-finger or hand and so discerneth the equality or difference between the weight and the thing weighed In which because there may and was wont to be great deceit it was forbidden anno 25 Edw. 3. stat 5. ca. 9. anno 34 ejusdem cap. 5. and the even ballance only commanded yet a man of good credit once certified mee that it is stil used in Leaden Hall at London among Butchers c. In the derivation of this word I dare not be over 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 other is by the beam And if I should draw i◠from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. cubitus the part of the arm from the elbow to the fingers ends I might challenge a good warrant of this from the Romans who thence derived their ancile i. the luckie shield that was said to be sent from heaven in a tempest to Numa Pompilius together with a voice that the citie of Rome should be the mightiest of all others so long as that shield remained in it Auncient demeasne antiquum dominicum is called more at large auncient demeasne of the King or of the Crown Fitz. nat br fol. 14. d. It commeth of two French words auncieu i. veter vetus veteranus antiquus and of demain alias domain i. publicum vectigal It signifieth in our Common law a certain tenure whereby all the mannors belonging to the Crown in the dayes of Saint Edward the Saxon King or of William the Conquerour did hold The number and names of which mannors as all other belonging to common persons he caused to be written into a book after a survey made of them now remaining in the Exchequer and called Domes-day book And those which by that book do appear to have belonged to the Crown at that time and are contained under the title Terraregis be called auncient demeasn Kitchin fol. 98. and M. Gwin in the Preface to his readings Of these Tenents there were two sorts one that held their land frankly by Charter and another that held by copie of Court-roll or by verge at the will of the Lord according to the custome of the mannor Fitz. nat br fol. 14. d. of which opinion also Britton is ca. 66. nu 8. The benefit of this tenure consisteth in these poines first the Tenents of a mannor holding freely by Charter in this sort cannot be impleaded out of the same mannor and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for all things concerning their sustenance and husbandry Thirdly they may not be impanelled upon any enquest Terms of the Law But more at large by Fitz. nat br f. 14. d. whom read also fo 128. a. c. And as it appeareth by him codem fol. 3. b c these Tenents held by the service of prowing the Kings land by plashing his hedges or by such like toward the maintenance of the Kings houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have writs to such as take the duties of Tolle in any market or fair as likewise for immunitie of portage passage and such like Fitzh natura brev fol. 228. a b c d. by which Authour also it appeareth That no lands be to be accounted Antient Demeasne but such as are holden in Socage fol. 13.
2. ca. 11. and by anno 5 R. 2. statut 2. ca. 4. it may be probably conjectured that they were antiently called by summons to the court of Parliament And anno 13 R. 2. stat 2. ca. 1. we find That a Baneret for praying a pardon for a murtherer contrary to that statute is subject to all one punishment with a Baron Johan Gregorius Tholosanus li. 6. ca. 10. sui syntagmatis num 9. hath these words In Gallia sunt duae species affines nobilium feudorum quas dicunt de Benneretz Barons bennerettus jure suae dignitatis antequam talis dici mereatur nobilis esse debet genere in quarto gradu possidens in ditione decem scutarios bachalarios armorum id est decem vasallos habens sufficiens patrimonium quo possit secum ducere quatuor aut quinque nobiles comites continuos cum equitibus duodecim aut sexdecim Fit autem Benneretus cùm princepts jusmodi personae concedit vexilli jus ex vexillo peditum in acie vel extra die solenni sacris peractis adimit acumina Vocant la queve de pennon fitque labarum i. equitum vexillum vocant cornette eumque equitem facit si jam non est Quòd si ditior his fiat benneretus et habet unam be neretam aut sex equites bachalarios qui possideant singuli in censum sexcent as libras ex ejus ditione seu feudo tunc possunt ex licentia principis baronis nomen sibi adsciscere Bans bannus vel bannum signifieth a publique notice given of any thing The word is ordinary among the Feudists and grown from them to other uses as to that which we here in England call a proclamation whereby any thing is publikely commanded or forbidden Vincentius de Franchis descis 521. 360. Hottoman verbo bannus in verbis feudalibus saith that there is both bannus and bannum and that they signify two divers things His words are these Bannus sive bannū duo fignificat Edictū qua die vasalli equis armisque instructi ad commitatum adesse debent et sanctionem hoc est mulctam edicto non parentis which he confirmeth by divers authorities This word bans we use here in England especially in the publishing of matrimonial contracts in the Church before mariage to the end that if any man can say against the intention of the parties either in respect of kindred or otherwise they may take their exception in time And in the Canon law Banna sunt proclamationes sponsi et sponsae in ecclesiis fieri solitae ca. 27. extra de sponsal et ca. ult qui matrimonium accus pos ca. ult de clan despons Yet our word Banuing seemeth to come thence being nothing but an exclamation of another Only Bracton once maketh mention of Banuus Regis for a proclamation or silence made by the Cryer before the congresse of the Champions in a Combat Lib. 3. tract 2 cap 21 Bank bancus commeth of the French Banque i. mensa In our Common Law it is most usually taken for a seat or bench of judgement as bank le Roy the Kings bench bank de Common plees the Bench of Comōnplees or the Common Bench Kitchin f. 102. called also in Latine bancus regius bancus communium placit Crompt juris fo 67 91. Camden in his Britannia pag. 112. 113 in meo calleth them also Bancum regium et Bancum communem See Frank bank Bankrupt alias brankrout commeth of the French banque route and faire banqueroute with the French is as much as foro cedere solum vetere with the Romanes The composition of the French word I take to be this banque i. mensa et route i. vestigium metaphorically taken from the sign left in the earth of a table once fastned unto it and now taken away So that the originall seemeth to have sprung from those Roman mensarii which as appeareth by many writers had their tabernas et mensas in certain publique places wherof when they were disposed to fly an deceive men that had put them in trust with their monies they left but the signes or carkasses behind them I know that others of good learning and M. Skene for one bring this à banco rupto but the French word worketh in me this other opinion for after their sense the French should rather be banque rompu Bankerupt with us signifieth him or his act that having gotten other mens goods into his hands hideth himself in places unknown or in his own private house not minding to pay or restore to his creditours their duties anno 34 Hen. 8. cap. 4. where the French phrase Faire banque route is translated to the word to make Bankrupt A Bankrupt anno 1 Jacobi ca. 15. is thus described All and every such person and persons using or that shall use the trade of merchandise by way of bargaining exchange bartery chevisance or otherwise in grosse or by seeking his her or their trade of living by buying and selling and beeing a subject born of this realm or any the kings dominions or Denizen who at any time since the first day of this present Parliament or at any time hereafter shall depart the realm or begin to keep his other house or houses or otherwise to absent him or her self or take Sanctuarie or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares fould or any other just or lawful canse or good consideration or purposes or hath or will suffer him or her self to be outlawed or yeeld him or herself to prison or willingly or fraudulently hath or shall procure him or her self to be arested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling-house or make or cause to be made any fraudulent grant or conveiance of his her or their lands tenements goods or chattels to the intent or whereby his her or their creditours being subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true debt or being arrested for debt shall after his or her arrest lye in prison six moneths or more upon that arrest or any other arrest or detention in prison for debt and lye in prison six moneths upon such arrest or detention shall be accounted and adjudged a Bankrupt to all intents and purposes Banishment ex lium abjuxatio cometh of the French bannissement hath a signification known to every man But there be two kinds of Banishment in England one voluntary upon oath whereof you may read Abjuration the other upon compulsion for some offence or crime as if a lay-man succor him that having taken Sanctuary for an offence obstinately refuseth to abjure the Realm he shall lose his life and member if a Clerk do so he sholl be banished Stawnf pl. cor fol. 117. This punishment is also of our modern Civilians
Coursetour of the court and hath been chosen of some one of he clerks in the remembrancers offices or of the clerk of the Pipes office He at the days of prefixion taketh oath of all high Sheriffs and their under Sheriffs and of all Escheatours Bayliffs and other accountants for their true accounting He taketh the oath of all Collectours Controllers Surveyours and searchers of the Custom houses that they have made true entrances in their books He apposeth all Sheriffs upon their Summons of the Pipe in open Court He informeth the rest of the Barons of the course of the Court in any matter that concerneth the Kings Prerogrative He likewise as the other Barons taketh the declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him These Barons of the exchequer are antient officers for I find them named West 2. c. 11. an 13 Ed. 1. they be called Barons because Barons of the realm were wont to be employed in that office Fleta li. 2. c. 24. S. Tho. Smith saith of them that their office is to look to the accounts of the Prince and to that end they have Auditors under them as also to decide all causes appertaning to the Kings profits coming into the Exchequer by any means This is in part also proved by the Stat. an 20. Ed. 3. ca. 2. anno 27 ejusd stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. et anno 14. ejusd ca. 11. And hereupon they be of late men learned in the Common Law of the Realm whereas in autient times they were others viz. majores et discretiores in regno sive de clero essent sive de curia Ockam in his lucubrations de fisci regii ratione Horn. in his mirrour of Justices saith that Barons were wont to be two and they Knights cap. De la place del Eschequer Then be there in this signification Barons of the Cinque Ports anno 31 Ed. 3. stat 2. cap. 2. an 33 H. 8. cap. 10. which are two of every of the seven towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich that have places in the lower-house of Parliament Cromptons jurisd fol. 28. Baron in the third signification is used for the husband in relation to his wife which is so ordinary in all our law-writers that write in French as it were superfluous to confirm it by any one Baronet I read this word anno 13 R. 2. stat 2. cap. 1. But I hold it falsly printed for Baneret or else to signifie all one with it Baronye baronia baronagium is the fee of a Baron In which account are not onely the fees of Temporal Barons but of Bishops also who have two respects One â—s they are Spiritual men without possessions as was the Tribe of Levie among the Israelites being susteined by the onely First fruits and Tenths of the other Tribes Josh cap. 13. vers 14. The other respect they have groweth from the bounty of our English Kings whereby they have Baronies at the least and are thereby Barons or Lords of the Parâ—iament This Baronie as Bracton saith lib. 2. cap. 34. is a right indivisible and therefore if an inheritance be to be divided among Co-parteners Though some capital messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he faith they may not be parcelled The reason is ne sic caput per pluâ—es particulas dividatur plura jura comitatuum baroniarium deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baroniis dicitur esse constitutuÌ„ Barre Barra commeth of the French barre or barriere i. repagulum obex vectis It is used in our Common law for a peremptory exception against a Demand or plaint and is by the Author of the terms of Law defined to be a Plee brought by the Defendant in an Action that destroyeth the Action of the Plaintiff for ever It is divided into a Barre to common intent and a Barre scecial A Barre to a common intendment is an ordinary or general Barre that ordinarily disableth the Declaration or Plee of the Plaintiff A Barre special is that which is more than ordinary and falleth out in the case in hand or question upon some special circumstance of the fact Plowden casu Colthirst fol. 26. a.b. For example an Executor being sued for his Testators debt pleadeth that he had no goods left in his hands at the day when the Writ was purchased or taken out against him This is a good barre to common intendment or prima facie But yet the case may so fall out that more goods might come to his hands sithence that time which if the Plaintiff can shew by way of replication then except he have a more especial plee or barre to allege he is to be condemned in the action See also Plowden in the case aforenamed fol. 28. a. b. and Broke tâ—â—ulâ— Barre num 101. and Kitchin fol. 215. Barre also in the same signification is divided into barre material and barre at large Kitchin fol. 68. A barre material as it seemeth may otherwise be called a barre special as when one in the stop of the Plaintiffes Action pleadeth some particular matter as a descent from him that was the undoubted owner a Feoffment made by the Ancester of the Plaintiff or such like A bar at large is when the Tenent or Defendant by way of exception doth not traverse the Plaintiffs title by pleading not guilty nor confe ie and avoid it but onely maketh to himself a title in his barre As if in an Assise of novel disseisin the Tenent plead a Feoffment of a stranger unto him and gives but a colour onely to the Plaintiff Of this there is an apt example to be found 5 H. 7. fol. 29. Barre is also in regard of the effect divided into barre perpetual and barre pro tempore Perpetual is that which overthroweth the action for ever Barre pro tempore is that which is good for the present and may fail hereafter look an example or two in Broke titu Barre nu 23. where he saith that to plead plenè administravit is good until it may appear that more goods come to the Executors hands afterward which also holdeth for an heir that in an action of his Ancesters debt pleadeth rien per discent This word is also used for a material bar as the place where Sergeants or Councellers stand to plead causes in Court or Prisoners to answer to their Indictment Of which our Common lawyers that be licensed to plead in other Countries called licentiati are termed Baristers anno 24 H. 8. cap. 24. Barrator barectator cometh from the French Barat i. astutia and is neer the French it self in signification For barateur in that tongue betokeneth a deceiver and a barator in our Common law is a common wrangler that setteth men at ods and is
common consent in the Courts called birlaw courts In the which cognition is taken of complaints betwixt neighbour neighbour which menso chosen are Judges and Arbitratours to the effect aforesaid and are called birlaw men For bawr or bawrsman in Dutch is rusticus so birlaw or burlaw leges rusticorum Hitherto M. Skene Bilinguis though it signifie in the generality a double tongued man yet in our Common law it is used for that Jury that passeth between an English man and an alien Whereof part must be Englishmen and part strangers an 28 Ed. 3. cap. 13. Bille billa is diversly used among our Common lawyers First as West saith pa. 1. symb lib. 2. sect 146. it is all one with an obligation saving that when it is in English it is commonty called a bill and when it is in Latin an obligation But I hear other good Lawyers say that a bill though it be obligatory yet is without condition or forfeiture for non payment and that the obligation hath both Bill secondly is a declaration in writing that expresseth either the grief and the wrong that the complainant hath suffered by the party complained of or else some fault that the party complained of hath committed against some law or statute of the Common-wealth This bill is sometime offered up to Justices errants in the general assises sometime and most of all to the Lord Chancellor of England especially for unconscionable wrongs done sometime to others having jurisdiction accordingly as the law where upon they are grounded doth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Symbol titulo supplications sect 52. whom you may reade at large touching this matter Billa vera is as it were a word of art in our Common law For the grand enquest empaneled and sworn before the Justices in Eyre c. indorsing a bill whereby any crime punishable in that Court is presented unto them with these two words do signifie thereby that the present or hath furnished his presentment or denunciation with probable evidence and worthy of farther consideration And thereupon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer unto it either by confessing or traversing the indictment And if the crime touch the sife of the person indicted it is yet referred to another enquest called the enquest of life and death who if they find him guilty then he standeth convicted of the crime and is by the Judge to be condemned to death See Ignoramus see Indictment Billets of gold commeth of the French billot i. massa auri anno 27 Edw. 3. stat 2. ca. 14. Bynny peper anno 1 Jaco ca. 19. BL Black maile is half English half French For in French maille signifieth a small piece of money which we call a half peny It signifieth in the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresme a certain rate of money corn cattel or other consideration paid unto some inhabiting upon or near the borders being men of name and power allied with certain known to be great robbers and spoil-takers within the said Counties to the end thereby to be by them fteed protected and kept in safetie from the danger of such as doe usually robbe and steal in those parts anno 43. Eliz. cap. 13. Blacke rodde is the huissier belonging to the order of the Garter so called of his black rodd that he carrieth in his hand He is of the Kings chamber and also huissier of the parliament Blancks commeth of the French blanc i. candidus albus It signifieth a kind of coin that was coine in the parts of France by King H. the fifth that were subject to England the value whereof was eight pence Stowes annals pag. 586. These were forbidden to be current within this Realm an 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold coyned which was called a Salus of the value of twenty-two shillings from which this silver was in name distinguished by the colour Bloudy hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be termed a Finary The use whereof if you will understand you must know that first there is a furnace wherein the mine-stones are melted and cast into a raw iron fashioned into long wedges three square that be called sows Then be there two forges like unto Smiths forges but much bigger the one whereof is called the blomary or as it seemeth the finary into the which being maintained with a charcole fire blown with bellowes made to goe by water are cast the said sowes of raw iron and melted again and by a workman called the finary man are wound and wrought round and afterward beaten by a hammer into â—ittle wedges about a yard long which are called bloomes Then is there another forge called the Hammer into which these bloomes are cast and by a workman called the Hammer man again chafed and made soft in a charcole fire blown likewise with bellowes caused to goe by water and after carried by the said Hammerman and put under the great Hammer also driven by the water And so the said bloomes are drawn fashioned and made into such barts of iron of divers sorts and forms as we see commonly sold Of this you may read in the Statute an 27 Elizab. ca. 19. See Baye Bloudwit blodwita is compounded of two Saxon words blout i. sanguis and wit for the which we have the word wite still in the West parts of England signifying a charging of one with a fault or an upbraiding And Speight in his expositions upon Chawcer saith that to twit is as much as to blame To twit in some other places of this land signifie has much as to hitt in the teeth or to upbraid This bloudwit is a word used in charters of liberties antiently graunted and signifieth an amercement for shedding of bloud So that whosoever had it given him in his Charter had the penaltie due for shedding of bloud granted unto him Rastal in his exposition of words Skene de verbo signif writeth it bludveit and saith that veit in English is injuria vel misericordia and that bludveit is an amercement or unlawe as the Scottishmen call it for wrong or injury as bloudshed is For he that is infest with bludveit hath free liberty to take all amercements of Courts for effusion of bloud Fleta saith quod significat quietantiam misericordiae pro effusione sanguinis li. 1. ca. 47. BO Bockland See Charterland See Copie-hold and Free-hold Bonis arrestandis is a writ for the which See Arrestandis bonis Bonis non amovendis is a writ to the Shyreevs of London c. to charge them that one condemned by judgement in an action and prosecuting a
parchment rolles for their better keeping to all posterity Of these there be two one of the higher another of the lower or Common house Cromptons Jurisd fol. 4 8. Smith de republ Anglorum pag. 38. See also Vowels book touching the order of the Parliament Clerk of the Crown in the Chancery clericus coronae in Cancellaria is an Officer there that by himself or his Deputy is continually to attend the Lord Chancellor or Lord Keeper for special matters of estate by commission or the like either immediately from his Majesty or by order of his councel as well ordinary as extraordinary viz. commissions of Lieutenancies of Justices errant and of Assises of Oyer and Terminer of Gaol-delivery of the peace and such like with their writs of Association and Dedimus potestatem for taking of oaths Also all general pardons upon grants of them at the Kings coronation or at a Parliament where he sitteth in the higher-house at the Parliament time he writs of Parliament with the names of Knights and Burgesses which be to be returned into his office He hath also the making of all special pardons and writs of execution upon bonds of statute of the Staple forfeited which was anneâ—ed to his office in the reign of Queen Mary in consideration of his continual and chargeable attendance both these before being common for every Cursitour and Clerk of Court to make Clerk of the Crown clericus coronae is a Clerk or officer in the Kings Bench whose function is to frame read and record all indictments against Traitors Felons and other offendors there arraigned upon any publike crime He is otherwise tearmed Clerk of the Crown-office And anno 2 H. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of the Extreats clericus Extractorum is a Clerk belonging to the Exchequer who termely receiveth the Extreats out of the Lord Treasurers Remembrancer his office and writeth them out to be levied for the King He also maketh schedules of such summes extreated as as are to be discharged Clerk of assise clericus assisae is he that writeth all things judicially done by the Justices of assise in their circuits Cromptons Jurisdict fol. 227. Clerk of the Pell clericus Pellis is a Clerk belonging to the Exchequer whose office is to enter every Tellers bill into a parchement rolle called Pellis receptorum and also to make another rolle of payments which is called Pellis exitum wherein he setteth down by what warrant the money was payd Clerk of the Warrants clericus Warrantorum is an officer belonging to the Court of Common Plees which entreth all warrants of Atturney for Plaintiff and Defendant and intolleth all Deeds of Indentures of bargain and sale which are acknowledged in the Court or before any Judges out of the Court. And he doth extreat into the Exchequer all issues fines and amerciaments which grow due to the King any way in that Court and hath a standing fee of ten pounds of the King for making the same ex treats See Fitzh nat br fol. 76. in prin Clerk of the pety Bag clericus parvae bagiae is an Officer of the Chauncerie of which sort there be three and the Master of the Rolles their chief Their office is to record the return of all inquisitions out of â—every Shire all Liveries granted in the Court of Wards all ouster le maines to make all patents of Customers Gaugers Controllers and Aulnegers All conge de eslires for Bishops All liberateis upon extents of statute staples the recovery of Recognisances forfeited and all Elegits upon them the summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and other of every Shire for seising of the Subsidies Writs for the nominations of Collectours for the fifteenths and all traverses upon any office bill or otherwise and to receive the mony due to the King for the same This Officer is mentioned anno 33 H. 8. cap. 22. Clerk of the Kings great Wardrobe clericus magnae garderobae regis is an Officer of the Kings house that keepeth an account or Inventary in writing of all things belonging to the Kings wardrobe This Officer is mentioned an 1 Ed. 4. cap. 1. Clerk of the Market clericus merketi is an Officer of the Kings house anno 1 Ed. 4. cap. 1. anno 13 R. 2. cap. 4. whose duty is to take charge of the Kings measures and to keep the standards of them that is the examples of all the measures that ought to be through the Land as of Elns Yards Lagens as Quarts Pottles Gallons c. of Weights Bushels and such like and to see that all measures in every place be answerable unto the said Standard Fleta lib. 2. cap. 8.9.10.11.12 of which office as also of our diversity of weights and measures you may there find a Treatise worth the reading Britton also in his 30 chapter saith in the Kings person to this effect We wil that none have Measures in the Realm but we our selves but that every man take his Measures and Weights from our Standards and so goeth on with a Tractat of this matter that well sheweth the ancient law and practice in this point Touching this Officers duty you have also a good statute anno 13 R. 2. c. 4. Clerk of the Kings silver clericus argenti Regis is an Officer belonging to the Court of Common plees unto whom every fine is brought after it hath been with the custos Brevium and by whom the effect of the Writ of Covenant is entred into a Paper-book and according to that note all the fines of that term are also recorded in the Rolles of the Court. And his entrie is in this form He putteth the Shire over the Margin and then saith A.B. dat domino Regi dimidium merkam or more according to the value pro licentia concordandi C. cum C.D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the Peace clericus pacis is an Officer belonging to the Sessions of the peace His duty is in the Sessions to read the Endictments to enrol the Acts and draw the Processe to record the Proclamations of rates for servants Wages to enrol the discharge of Apprentices to keep the Counterpain of the Indenture of Armour to keep the Register book of Licenses given to Badgers and laders of corn and of those that are licensed to shoot in gunnes and to certifie into the Kings Bench transcripts of Indictments Outlawries Attainders and Convictions had before the Justices of the peace within the time limited by statute Lamberts Eirenarcha lib. 4. cap. 3. fol. 379. Clerk of the Signet clericus signeti is an Officer attendant continually on his Majesties principal secretary who alwayes hath the custody of the privy Signet as well for sealing his Majesties privat Letters as also such grants as passe his Majesties hand by bill assigned Of these there be four
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt and endowed it with such Royal right as the County Palatine of Chester had And for as much as it was afterward extinct in the person of King Henry the fourth by reason of the union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple Fee-tail for term of life or of years against the alience Fitzherb nat br fol. 202. Duplicat is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a case wherein he had formerly done the same and was therefore thought void Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a Sword in the ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction and cognisance of any transgression within the Kings House and Verge as also of Contracts made within the same House whereunto one of the House is a party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
de decimis cap. sancta verb. Pannagiis M. Skenede verborum signif calleth it pannagium and defineth it to be the duty given to the King for the pasturage of swine in the forest The french word for this same thing is panage or glandee i. glandatio vel glandium collectio et pastio suum ex glandibus And wee surely take it from the French whence they had it or what etoymolgie they make of it let themselves look PE Peace pax in the generall signification is opposite to war or strife But particularly it signifyeth with us a quiet and harmlesse cariage or behaviour toward the King and his People Lamberd eirenarcha li. 1. cap. 2. pa. 7. And this is one way provided for all men by oath as you may read in Franck pledge but more especially in case where one particular man or some few go in danger of harm from some other For upon his oath made thereof before a Justice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. ca. 2. pag. 77. See also Cromptons Justice of peace fol. 118. b. c. usque f. 129. This among the Civilians is called cautio de non offendendo Gail de pace publ lib. pri ca. 2. nu 1. Peace of God and the Church pax Dei ecclesiae is anciently used for that rest which the Kings subjects had from trouble and sute of law between the terms See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and security both for life and goods which the King promiseth to all his Subjects or others taken to his protection See Sute of the Kings peace This point of policy seemeth to have been borrowed by us from the Feudists for in the second book of the seuds there is a chapter viz. 53. chapter intituled thus De pace tenenda inter subditos et juramento firmanda et vindicanda et de paena judictbus opposit a qui eum vindicare et justitiam facere neglexerint the contents of which chapter is a Constitution of Frederick the first as Hotoman there proveth expounding it very learnedly and like himself Of this Kings peace Roger Hoveden setteth down divers branches parte poster suorum annalium in H. 2. fol. 144. a. b. and fol. 430. b. he mentioneth a form of an oath which Hubert Archbishop of Canterbury and chief Iustice of England in R. the first his daies sent through the whole realm to be taken by the Kings subjects See Deciners See Surety of peace There is also the peace of the Church for which see Sanctuary And the peace of the Kings highway which is the immunity that the Kings highway hath from all annoyance or molestation See watlin street The peace of the plow whereby the plow and plow cattel are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to have their peace because no man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedaginm signifieth money given for the passing by foot or horse through any countrey Extra de Censibus ca. Innovamus I read not this word in any English writer but only the author of the book called pupilla occuli parte 9. ca. 7. A. D. I. I think we rather use passage for it Pedagia dicuntur quae dantur à transeuntibus in locum constitutum à principe Et capiens pedagium debet dare salvum conductum et territorium ejus tenere securum Baldus in usibus Feudorum de pa. jura fir sect Conventionales Cassan de consuetud Burg. pa. 118. hath these words Pedaginm à pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better security of ship that lye at harbour in any haven So is the peer of Dover described in M. Camd. Bris. pag. 259 in meo Peeres pares commeth of the French per i. par It signifieth in our common Law plurally those that are empaneled in an Enquest uppon any man for the convicting and clearing him of any offence for the which he his called in question And the reason thereof is because the course and custome of our nation is to trie every man in this case by his equals West pri cap. 6. anno 3. Edw. prim So Kitchin useth it fol. 78. in these words Mais fi le amerciament soit assirre per pares And this word in this signification is not in use with us only but with other nations also For pares sunt convasalli quorum sententi◠vasallus propter felo-xiam est condemnatus Barklaius de Regno lib. 4. cap. 2. Fit pares sunt qui ab ecdem domino feudum tenent lib. prim Feudor cap. 26. But this word is most notoriously used for those that be of the Nobility of the Realm Lords of the Parliament and so it is used in Stawnf pl. of the Crown lib. 3. cap. Trial per les Peeres being the first The reason whereof is because though there be a distinction of degrees in our Nobility yet in all publike actions they are equal as in their voices in Parliament and in passing upon the triall of any Noble man c. This appellation seemeth to be borrowed from Fraunce and from those twelve Peeres that Charles the Great or Lewis the younger in some mens opinion instituted in that kingdome which be next unto the King and are of like dignity among themselves touching their power in publike affairs Or whom you may read Vincentius Lupanus de magist Francia lib. 1. cap. Pares Franciae So that wee though wee have borrowed the appellation and applyed it with some reason to all that are Lords of the Parlament yet we have no set number of them because the number of our Nobles may be more or lesse as it pleaseth the King Pelota is a word used in the book called pupilla oculi parte 5. ca. 22. signifying the ball of the foot of the French pelote i. pila Pein fort dure See Pain fort et dure Pelt wool is the woll pulled off the skinne or pelt of dead sheep anno 8 H. 6. cap 22. Penon anno 11 R. 2. cap. prim is a Standard Banner or Ensigne carried in warr It is borrowed from Fraunce for pennon in the French language signifyeth the same thing See Baronet yee read this word anno 11. R. ca. 1. Penue See Baye Peper Piper is a spice known in a manner to every child being the fruit of a plant that is between a tree and a herb of whose diversities and nature you may read Gerards herball lib. 3. cap. 146. This is set among merchandize that are to be garbled anno 1. Jacob. cap. 9. Peper lowse anno 32. H. 8. cap. 14. Per cui post See Entrie Perambulatione facienda is a writ that is sued out by two or more Lords of Maners
lying neer one another and consenting to have their bounds severally known It is directed to the Shyreeve commanding him to make perambulation and to set down their certain limits between them Of this read more at large in Fitz. nat br fol. 133. See Rationalibus divisis See the Regist orig fol. 157. and the new book of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is used with us for a rod or Pole of sixteen foot and a half in length Whereof Fourty in length and four in breath make an acre of ground Cromptons Jurisdict fol. 222. Yet by the custom of the country it may be longer as he there saith For in the Forest of Sherwood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Rood of land where he hath also these words in effect Three beer corns without tails set together in length make an inch of the which corns one should be taken off the middle ridge another of the side of the ridge another of the furrow Twelve inches make a foot of measure three foot and an inch make an elne six elnes long make one fall which is the common lineal measure and six elnes long and six broad make a square and superficiall fall of measured land And it is to be understood that one rod one raip one lineall fall of measure are all one for each one of them containeth six elnes in length Howbeir a rod is a staff or pole of wood a rasp is made of tow or hemp And so much land as fall thunder the rod or raip at once is called a fall of measure or a lineal fall because it is the measure of the line or length only Like as the superficiall fall is the measure both of length and bredth Item ten falls in length and four in breadth make a Rood four Roods make and acre c. This is the measure of Scotland whereof you may read more in the same place Perdonatio utlagariae in the Register judiciall fol. 28. is the form of pardon for him that for not comming to the Kings court is out-lawed and afterwards of his own accord yeeldeth himself to prison Peremptory peremptorius commeth of the verb perimere to cut off and joyned with a substantive as action or exception signifyeth a finall and determinate act without hope of renewing So Fitzh calleth a peremtory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute peremptory idem eodem fol. 5. N. F. fol. 11. A peremptory exception Bracton li. 4. cap. 20. Smith derep Anglorum li. 2. cap. 13. calleth that a preremptory acception which can make the state and an issue in a cause Perinde valere is a dispensation graunted to a Clerk that being defective in his capacity to a benefice or other ecclesiastical function is de facto admitted unto it And it hath the appellation of the words which make the faculty as effectual to the party dispensed with as if he had been actually capable of the thing for which he is dispensed with at the time of his admission Perkins was a learned Lawyer fellow and bencher of the inner Temple that lived in the daies of Edw. the 6. and Queen Mary He wrote a book upon divers points of the common Law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexe cum ecclesia et praebenda is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist orig fol. 307. a. Pernour of profits cometh of the French verb. prendere i. acciperâ— and signifieth him that taketh as pernour of profits anno 1 H. 7 ca. pri Pernour de prosits et cesti que use is all one Coke li. i. casu Chuâ—ley fol. 123. a. See Pernour anno 21. R. 2. ca. 15. Per quae ervitia is a writ judicial issuing from the note of a fine and lyeth for the cognizee of a maner seignory chief rent or other services to compell him that is tenant of the land at the time of the note of the fine levyed to atturn unto him West parte 2. symbol titulo Fines-Sect 126. To the same effect speaketh the old nat br fol. 155. See also the new book of Entries verbo per quae servitia Perquesite perquesitum signifyeth in Bracton any thing purchased as per quisitum facere lib. 2. cap. 30. numb 3. lib. 4. cap. 22. perquisites of court be those profits that grow unto the Lord of a maner by vertue of his Court Baron over and above the certain and yearly profits of his land as escheats mariages goods purchased by villeins fines of copie holds and such like New Termes of the Law Person See Parson Personable signifyeth as much as inhabled to hold or maintain plee in a court For example the demaundant was judged personably to maintain this action Old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien born in Portingall without the ligeance of the King and judgement was asked whether she would be answered The Plaintiff saith she was made personable by Parliament that is as the Civilians would speak it habere personam standi in judicio Personable is also as much as to be of capacity to take any thing granted or given Plowden casu Colthirst fol. 27. b. Personal personalis hath in our common Law one strange signification being joyned with the substantive things goods or Chatels as things personal goods personal Chatels personal for thus it signifieth any corporeal and moveable thing belonging to any man be it quick or dead So it is used in Westm par 2. symbol titulo Inditements sect 58. in these words Theft is an unlawfull fellonious taking away another mans moveable personal goods And again fol. 61. Larcency is a felonious taking away of anothers mans moveable personall goods and Kitchin fol. 139. in these words Where personal things shall be given to corporation as a horse a cow an oxe sheep hogs or other goods c. and Stawnford pl. cor fol. 25. Contrectatio rei alienae is to be understood of things personal for in things real it is not felony as the cutting of a tree is not fellony The reason of this application see Chattel Personalty personalitas is an abstract of personall The action is in the personalty old nat br fol 92. that is to say brought against the right person or the person against whom in law it lyeth I find these contrary words Personalitas impersonalitas in the Author of the book called vocabularius utriusque juris as for example Personalitas significatur per has dictiones tu mihi ego tibt cum alio significato quod probbialiter oencluditur si nullo modo concludatur tunc est impersonalttas quia actum vitiat pront ratio dictat verbi gratia
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the King for a fine formerly acknowledged before him in his Court which is paid by the Cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff of a City or Town commanding them to proclaim that none cast filth into the ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
right of this prohibition you may read 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 given in any cause however the case is altered and again the statute made anno 50 Ed. 3. which ordaineth that above one Prohibition should not lye in one cause See the diversity of prohibitions in the table of the original Regist See the new book of Entries verbo Prohibition and Fitz. na br fol. 39. Prohibtio de vasto directa parti is a writ judicial directed to the tenent and prohibiting him from making waste upon the land in controversie during the sute Register judicial fol. 21. It is sometime made to the Shyreeve the example whereof you have there next following Pro indiviso is a possession and occupation of lands or tenements belonging unto two or more persons whereof none knoweth his several portion as coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the Convocation house prolocutor domus convocationis is an officer chosen by persons Ecclesiastical publikely assembled by the Kings writ at every Parliament And as there be two houses of Convocations so be there two prolocutors one of the higher house the other of the lower house who presently upon 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 mean to deliver their resolutions to the higher house and to have their own house especially ordered and governed His office is to cause the Clerk to call the names of such as are of that house when he sees 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 do defer the names or complain of offenders having part of the profit for their reward These were called among the Romans Quadruplatores or Delatores They belong especially to the Exchequer and the Kings bench Smith de repub Angl. li. 2. ca. 14. Pro patribus liberandis is a writ for the partition of lands between co-heirs Register original fol. 316. Prophecies prophetiae be in our common law taken for wisardly foretellings of matters to come in certain hidden and enigmatical 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 speech framed either by the description of his cognisance arms or some other quality promiseth good successe anno 3 Ed. 6. cap. 15. anno 7 ejusdem cap. 11. anno 5 Elizab. ca. 15. But these for distinctions sake are called false or phantastical prophecies Property proprietas signifieth the highest right that a man hath or can have to any thing which is no way depending upon any other mans courtesie And this none in our Kingdome can be said to have in any lands or tenements but only the King in the right of his Crown Because all the Lands through the Realm are in the nature of fee and do hold either mediately or immediately of the Crown See Fee This word neverthelesse is in our Common law used for that right in lands and tenements that common persons have because it importeth as much as utile dominium though not directum Proprietate probaenda is a writ See the original Regist fol. 83. a. 85. b. It lyeth for him that will prove a property before the Shyreeve Brooks Property 1. For where a property is alleged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a property in any thing but is most nototiously used for him that hath the fruits of a benefice to himself and his heirs or succescessors as in time past Abbots and Priors had to them and their Successors See Appropriation Pro rata portionis See Onerando prorata portionis Proection protectio hath a general and special signification In the general it is used for that benefit and safety that every subject or Denizen or alien specially secured hath by the Kings laws And thus it is used an 25 Edw. tertii capite 22. Protection in the special signification is used for an exemption or an immunity given by the King to a person against sutes in law or other vexations upon reasonable causes him thereunto moving which I take to be a branch of this prerogative And of this protection Fitzh maketh two sorts in his nat br fol. 28. The first form or sort he calleth a protection cum clausula Volumus whereof he mentioneth four particulars A protection quia profecturus for him that is to passe over sea in the Kings service A protection quia moratur for him that is abroad in the Kings service upon the sea or in the marches anno 7 H. 7. cap. 2. A protection for the Kings debter that he be not sued or attached untill the King be payed his debt See anno 15 Ed. 3. This some Civilians call moratoriam which see In singularibus Marantae verb. Princeps p. 79. col 2. And a protection in the Kings service beyond the seas or on the marches of Scotland whereof you may read something anno 1 R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second form of protection istermed cum clâ—usula Nolumuâ— which is granted most comonly to a spiritual company for their immunity from taking of their cattel by the Kings ministers But it may be granted also to one man spiritual or temporal Of these things read the same Author and the forms of these writs See also in the Register Original fol. 22. 23. And see the new expositour of law terms to what action the Kings protection doth not extend See also the new book of Entries verbo protection Protonotarie protonotarius See Preignetary Protestation protestatio is as Justice Walsh defineth it a defence of safegard to the party which maketh it from being concluded by the act he is about to do that issue cannot be joyned upon it Plowden fol. 276. b. whereof see the Regist orginal fol. 306. b. And see Protest Protest protestari hath two divers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as unto proceeding of a Iudge in a Court wherein his jurisdiction is doubtfull or to answer upon his oath farther than he by law is bound See Plowden casu Gâ—esbroke fol. 276. b. and the Register original fol. 306. b. Another is by way of complaint to protest a mans bill For example if I give mony to a merchant in France taking his Bill of Exchange to be repayed in England by one whom he assigneth me if at my comming I find not my self satisfied to my contentment but either delayed or denyed then I go into the burse or some
rout whether they put their purpose in execution or no if so be that they do go ride or move forward after they meeting Brook titulo Riot 4. 5. So as it seemeth a Rout should be a special kind of unlawfull assembly and a Riot the disorderly fact committed generally by any unlawfull Assembly Howsoever it be two things are common both to Riot Rout and unlawfull Assembly the one that three persons at the least be gathered together for so it is commonly taken at this day as I have learned the other that they being together do breed disturbance of the peace either by signification of speech shew of Armour turbulent gesture or actual and expresse violence so that either the peaceable sort of men be unquietted and feared by the fact or the lighter sort and busie bodies emboldned by the example Thus far M. Lamberd in his Eirenarcha libre 2. cap. 5. c. where you may read more worth the noting though too long to be copied out See Riot and Unlawfull assembly Kitchin giveth the same definition of a Rout fo 20. Rowing of clothes anno 27. H. 8. cap. 13. Royal assent regius assensus is that approbation which the King giveth to a thing formerly done by others as to the election of a Bishop by Dean and Chapter Which given then he sendeth-an especial Writ to some person for the taking of fealty The form of which Writ you may see in Fitzh na br f. 170. C. And also to a Bill passed by both the houses of Parliament Cromptons Jurisd folio 8. which assent being once given the Bill is indorsed with these words Le Roy veult i. It pleaseth the King If he refuse to agree unto it then thus Le Roy avisera i. the King will yet think of it See Parliament Royalties Regalia vel regalitates be the rights of the King Iura Regis Hotoman in verbis feudalibus verbo Regum Feudistae And so are they understood of us likewise who otherwise call them the Kings Prerogative See Prerogative And some of these be such as the King may grant unto Common persons some so high as may not be separated from his own Crown privativè as the Civilians term it though dumulativè he may See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuel cap. 8. but these generalities be specified more at large by those Lawyers that write of this point Among whom I especially commend Mathaeum de Afflictis upon the Title of the Feuds Quae sint regalia being the 33. title of the third Book as some divide them but according to others the 56. of the second Book where be named in the Text 25 specialties of Royalties See also Hotomans Commentaries in lib. 2. Feudor cap. 56. Rougecrosse See Herald RU Rudge washed Kersey i. made of fleece wool washed only on the sheeps back Anno 35 Eliz. cap. 10. SA SAbles See Furre Sac Sacba vel Sacca is a Royalty or privilege touching plee and correction of trespasses of men within a Manor Rastal titulo Exposition of words where he addeth this reason because saith he Sac in English is Encheson in French as to say for sick sack pur 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 else may encheson come of Encheoir i. incidere which we in English call an accident or incident But all this is far enough from Sac and from the interpretation thereof as it is a Liberty or Privilege Bracton hath the word as Stawnford noteth out of him pl. cor lib. pri cap. 23. but neither of them both do particularly interpret it Bractors words he these lib. 3. tract 2. cap. 8. vel si sit aliquis qui de concessione Domins Regis talem habcat libertatem sicut sock et sack Tolnetum Team Infangthefe et Hutfanghhefe qui inventus fuerit seisitus de aliquo satrocinio sicut Hondhabende et Backberend tales habent regalem potestatem et unde qui tales libertates habent habebunt prisonam suam de talibus quia possunt tales in Curia suae judicare Of the which matter he speaketh also in lib. 2. cap. 24. nu 2 3. and again lib. 3. traect 2. cap. 35. But in none of these places he giveth any interpretation of the word Saxon in his description of England defineth Sack to be a forfeiture as doth Rastol ubi supra fol. 132 M. Cambden in his Britan. pag. 415. speaking of Lâ—ncoln hath these words Edwarde Confessore regnante erant ex censuali libro loquor 1070. mansiones hospitalae et áucd-cim Legemam habentes socan et sacam To all these adde Bracton lib. 2. ca. 5. where he writeth thus Sunt et aliae res quasi sacrae quae personam Regis respiciunt et aliquando transferri non p ssunt xisi Justiciariis Domini Regis sicut visus Franciplegii placita de vetito mannio emendatio transgressionis Assisâ—rum Iuaâ—cium latronum sicnt de illis qui habent sock et sack et hujusmodi omnia quae pertinent ad pacem et per conser quexs ad Coronam I am informed that the word sack in the Saxon tougue doth properly signifie so much as causa with the Latins whence we in English have the word sake as for whose sake M. Skene de verb. signif verbo Sacke writeth thus In some old books it is called placitum et emenda de transgressione hominum in Curia Nostra In the Laws of King Edward set forth by Master Lamberd fol. 132 it is written Sacha Sacha autem est si quilibet altquem nominatim de aliquo collumniatus fuerit et il le negaverit forisfactura probationis vel negationis sievenerit sua erit Which may be called the Amercement payed by him who denieth that thing which is proved against him to be true or affirmeth that thing the contrary whereof is true Thus far M. Skene Fleta of this hath these words Sake significat acquietantiam de secta ad Comitatum et Hundredum lib. 1. ca. 47. § Sake But by all those I find not any reason of the word that is why this liberty should be so called and therefore I must leave it to better Antiquaries or Linguists See Roger Hoveden parte poster suorum annalium fol 345. Sacchius cum breckia seemeth to be a service of finding a Sack and a broach to the King by vertue of a Tenure for the use of his Armie Bract. lib. 2. cap. 16. n. 6. Sacke of Wool saccus lanae is a quantity of wooll that containeth 26. stone and a stone fourteen pounds anno 14 Edw. 3. stat 1. cap. 21. See Sarplar Sacramento recipiendo quod vidua Regis se non maritabit sine licentia Regis is a Writ or commission to one for the taking of an oath of the Kings Widow that she shall not marry without the Kings
used in our vulgar talk for the petit Sessions which are yearly kept for the disposing of Servants in service by the Statute anno 5 Elizabeth cap. 4. See Recognisance Statute sessions otherwise called Petit Sessions are a meeting in every Hundred of all the Shires in England where of custome they have been used unto the which the Constables do repair and others both Housholders and servants for the debating of differences between Masters and their Servants the rating of Servants wages and the bestowing of such people in Service as being fit to serve either refuse to seek or cannot get Masters anno 1 Eliz. cap. 4. Statu'o stapulae is a writ that lyeth to take his body to Prison and to seise upon his Lands and goods that hath forfeited a bond called Statute staple Regist orig fol. 151. a. Statutam de laborariis is a writ Iudicial for the apprehending of such labourers as refuse to work according to the Statute Reg. judi fol. 27. b. Statuto Mercatorio is a writ for the imprisoning of him that hath forfeited a bond called the Statute Merchant untill the debt be satisfied Regist origin fol. 146. b. and of these there is one against Lay persons ubi supra and another against Ecclesiastical 148. Stavisaker staphis agria vel herba pedicularis is a medicinable herb the kind and vertues thereof you have set forth in Gerards Herbal lib. 1. cap. 130. The seed of this is mentioned among drugs to be garbled anno 1 Jacob. ca. 19. Stenrerie is used for the same that Stannaries be in the statute anno 4 H. 8. cap. 8 See Stannaries Sterling Sterlingum is a proper epitheton for mony currant within the Realm The name groweth from this that there was a certain pure Coyn stamped first of all by the Easterlings here in England Stows Annals pag. 112. The which I rather believe because in certain old Monuments of our English and broken French I find it written Esterling so Roger Hoveden writeth it parte poster annalium fol. 377. b. M. Skene de verborum sipnific verbo Sterlingus saith thus Sterling is a kind of weight containing 32 corns or grains of wheat And in the Canon law mention is made of five shilling sterling and of a merk sterling ap 3. de arbitriss c. constituit 12. de procurator And the sterling peny is so called because it weighs so many grains as I have sundry times proved by experience and by the law of England the peny which is called the sterling round and without clipping weigheth 32 grains of wheat without tails whereof twenty make an ounce and 12 ounces a pound and eight pound make a gallon of wine and eight gallons maketh a bushell of London which is the eighth part of a quarter Hitherto M. Skene Buchanan lib. 6. saith that the common People think it so termed of Sterling a Town in Scotland Our Lyndwood saith that it is called sterling of the bird which we call a sterling which as he noteth was ingraven in one quarter of the coin so termed cap. Item quia de testamentis vaerb Cent. solides in Glos Stews are those places which were permitted in England to women of prosessed incontinency for the proffer of their bodies to all commers it is derived from the French Estuves i. thermae vaporarium Balneum because wantons are wont to prepare themselves to these venerous acts by bathing themselves And that this is not new Homer sheweth in the 8 book of his Odiss where he reckneth hot bathes among the effeminate sort of pleasures Of these stewes see the statute anno 11 Hen 6. ca. pri Steward See Seneschall and Stuward Steward of the Kings house an 25 Ed. 3. statute 5. cap. 21. Stily ard Guilda Theutonicorum anno 22 H. 8. ca. 8. et anno 32 ejusdem ca. 14. is a place in London where the fraternity of the Easterling Merchants otherwise the Merchants of Hawnse and Almain an pri Ed. 6. cap. 13. are wont have their abode See Geld. It is so called of a broad place or Court wherein Steel was much sold upon the which that house is now founded Nathan Câ—itraeus See Hawnse Stone of wool Petra lanae see Weights See Sarpler It ought to weigh 14 pounds yet in some places by custome it is more See Cromptons Justice of peace f. 83. b. Straife aliâs Stray See Estry Straits anno 18 H. 6. ca. 16. Streme works is a kind of work in the Stanaries for saith M. Camden titulo Cornwall pa. 119. Horum Stanarioâ—um five metallicorum operum duo sunt genera Alterum Lode-works alterum streme works vo cant Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt illud in locis aeditiorsbus cum in montibus puteor quod Shafts vcc in t in magnam attitudinem defodiunt et cuniculos agunt These you may read mentioned an 27 H. 8. cap. 23. Stirks Strip See Estreapement SU Suard aliâs steward senescallus seemeth to be compounded of Steed and ward and is a word of many applications yet alway signifieth an officer of chief account within the place of his sway The greatest of these is the Lord high Steward of England whose power if those Antiquities be true which I have read is next to the Kings and of that height that it might in some sort match the Ephori amongst the Lacedemonians The custom of our Common-wealth hath upon great consideration and policie brought it to passe that this high Officer is not appointed for any long time but only for the dispatch of some especiall businesse at the arraignment of some Nobleman in the case of treason or such like which once ended his Commission expireth Of the high Steward of Englands Court you may read Cromptons Jurisd f. 28. I have read in an antient Manuscript of what credit I know not that this Officer was of so great power in antient times that if any one had sought justice in the Kings Court and not found it he might upon complaint therof made unto him take those Petitions and reserving them to the next Parliament cause them there to be propounded and not only so but also in the presence of the King openly to rebuke the Chancellor or any other Judge or officer whom he found defective in yeilding Justice And if in case the judge or Officer so reprehended did allege that his defect grew from the difficultie of the case insomuch as he durst not adventure upon it then the case being shewed and so â—ound the Lord Steward together wich the Constable of England there in the presence of the King and Parliament might elect five and twenty persons or more or fewer according to their discretion and the case or cases in question some Earls some Barons some Knights some Citizens and Burgesses which upon deliberation should set down what they thought just and equal and their decree being read and allowed by Parliament did
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
called Statutum de frangentibus prisonam that the breach of Prison was felony if it were the Kings prison it is sithence but trespasse except the Prisoner were committed for felony But it is most commonly used for that wrong or dammage which is doue by a private man to the King as in his Forest pl. cor lib. 2. cap. 18. or to another private man And in this signification it is of two sorts trespasse general otherwise termed trespasse vi et armis and trespass especial otherwise called trespasse upon the case And this seemeth to be without force Terms of the Law Action upon the case as appeareth by Kitchin fol. 176. The former I take to be called general because it riseth from that general ground in Law and whatsoever is done by any private mans humour vi et armis is an offence The latter I call especial because Kitchin calleth the other general and another reason may be this because it springeth from a particular case or fact not contained under any other general head And the action lying for this trespasse is otherwise called an action upon the case as may be gathered out of divers places under the title Trespasse in Brook his Abridgement How to distinguish the form of these writs or actions see Fitzherb nat br fol. 86. L. 87. H. I. in an Action of trespasse this is perpetual that the Plaintiff sueth for dammages or the value of the burt done unto him by the Defendant It seemeth an hard thing to distinguish these two kinds of trespasses so as to be able to say when it is a trespasse vi et armis and when upon the case as may well appear to him that shall peruse this title in Brook But this is to be left to the experience of grave and skilfull Pleaders I find moreover in Kitchin so 188. that there is a trespasse local and trespasse transitory trespass local is that which is so annexed to a place certain as if the Defendant joyn issue upon the place and traverse the place only by saying Absque hoc that he did the trespasse in the place mentioned in the declaration and aver it it is enough to defeat the action Trespass transitory is that which cannot be defeated by the Defendants traverse of the place saying Without that I committed the trespasse in the place declared because the place is not material Examples of both you have set down by Kitchin in the place above named to this effect traverse by Absque boc of trespass in battery or goods brought in is transitory and not local as it is of trees cut and heâ—bs And therefore in trespasse transitory the place shall not make issue neither is it traversable no more than is a trespasse upon a case of an Assumption Bracton in his fourth book cap. 34. num 6. divideth transgressionem in majorem et minorem which place read See also great diversity of trespasses in the new book of Enteries verbo Trespass Tryal triatio is used in our Common law for the examination of all causes civil or criminal according to the laws of our Realm Of this word Stawn pl. cor lib. 2. cap. 26. writeth to this effect There was a Statute made prim secund Philip. Mar. cap. 10. to this purpose And be it farther enacted by the anthority aforesaid that all tryals hereafter to be had awarded or made for any Treason shall be had and used according to the due order and course of the Common laws of this Realm and not otherwise c. By this word tryal saith Stawnf in that place some understand as well the inquest that indicteth a man as the inquest upon the arraignment that attainteth or acquiteth him For these two make but one entire tryal that every man is to have when he is impeached of treason But others have answered to this that tryal in common speech is the tryal that a man is to have after he is indicted and not before For in Law the Inditement is nought but the accusation against him which he is to make answer unto and that being tryed it either attainteth or acquitteth him So that the tryal is the lssue which is tryed upon the Inditement and not the Inditement it self For that is no part of the thing which tryeth but the thing which is tryed and the offence And so this word Tryal understood in the Statute an 33 H. 8. c. 23. where he saith thus Must be indicted within the Shires or places where they committed their offences and also tryed before by the Inhabitants or Free-holders So he putteth a difference between Inditement tryal as he doth afterward in these words There to be indicted and tryed of their offences c. Thus far Stawnf Sir Tho. Smith de Repub. Angl. lib. 2. ca. 5. saith That by order usage of England there are three Tryals that is 3 wayes and manners whereby absolute and definite Judgement is given by the Parliament which is the highest and most absolute by battel and great assise which he severally describeth in three Chapters following though not so fully as the thing requireth But of the great Assise he speaketh at large in the three and twentieth Chapter of the same book And of these Tryals see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he divideth the great Assise into two sorts one proper to Barons of the Parliament which is by 20 or 18 of their Peers 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 said Chapters there following See Twelve men See the New book of Entries verbo Trial. Trihing Trihinga vel Trithinga seemeth by a place in Edward the Confessors laws set out by Master Lamberd nu 34. to be the third part of a Shire or Province otherwise called Letbe which we now call Leet The same Law doth M. Camden mention pag. 102 103. This Court is above a Court Baron and inferiour to the Shire or County This word is also used in the sentence of excommunication upon the great Charter and Charter of the Forest denounced in the daies of Edward the first as it is latined in the book called Pupilla oculi parte 5. cap. 22. A. I. In these words Visus autem defranco plegio sic fiat sc quod pax nostra teneatur quod Trihinga integra sit sicut esse consuevit c. Of this Fleta lib. 2. cap. 61. sect final writeth thus Sciendnm est quod aliae potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars provinciae qui vero super eas dominabantur trithingreves vocabantur quibus deferebantur causae quae non in Wapentakiis poterant definiri in Shiram sicque quòd vecatur Hundredum jam per variationem locorum idiomatù Wapentakie appellatur tria vel quatuor