Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors 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 and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so called of the Italian word Barrataria signifying Corruption or Bribery in a Judge giving a false sentence for Money whom you may read more at large as also Hortensius Cavalcanus in his Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
whereby the King commands the Justices in Eyre to admit of ones Claim by Atturney who is employed in the Kings-service and cannot come in his own person Reg. of Writs fol. 19. b. Clap-bord Anno 35 Eliz. cap. 11. Is Board cut in order to make Cask or Vessels Clarentius See Herald Claves Insulae i. The Keys of the Island In the Isle of Man all ambiguous and weighty Cases are referred to Twelve whom they call Claves Insulae Clausum Fregit Mr. Somner in his Saxon Dictionary conceives the original of those much used words in our Law-Pleadings might come from the Saxon Eder-bryce which signifies Hedge-breaking the Boughs which close the top of the Hedge being usually called Etherings Clausum Paschae Stat. of Westm 1. Lendemaine de la Cluse de Pasche that is In Crastino clausi Paschae or in Crastino Octabis Paschae which is all one viz. The morrow of the Utas of Easter 2 Part. Inst fol. 157. Ad Curiam cum visu Franc. Pleg tent apud Maurdin die Jovis prox post Festum Clausi Paschae Anno 17 Edw. 4. Testatum fuit quod c. Clausum Paschae i. Dominica in Albis sic dictum quòd Pascha Claudat Clausura Heye Johannes Stanley Ar. clamat quod ipse haeredes sui sunt quieti de Clausura Heye de Macclesfield scil Clausura unius Rodae terrae circitèr hayam praedict Rot. Plac. in Itinere apud Cestriam Anno 14 Hen. 7. Clergy Clerus Is diversly taken sometime for the whole number of those who are De Clero Domini of our Lords lot or share as the Tribe of Levi was in Judaea sometimes for a Plea to an Indictment or an Appeal and is by Stamf. Pl. Cor. lib. 2. cap. 41. thus defined Clergy is an ancient liberty of the Church which hath been confirmed by divers Parliaments and is When a Priest or one in Orders is arraigned of Felony before a Secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of Murder Coke lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri Anno 9 Edw. 2. c. 26. and what persons might have their Clergy and what not see Stamf. Pl. Cor. lib. 2. cap. 42 43. Yet there are many Statutes made since he wrote that Book whereby the benefit of Clergy is abrigded As Anno 8 Eliz. cap. 4. 14 Ejusdem cap. 5. 18 Ejusdem cap. 4 6 7. Anno 23 Ejusdem cap. 2. 29 Ejusdem cap. 2. 31 Ejusdem cap 12. and 39 Ejusdem cap. 9. 15. Of this see Cromptons Justice of Peace fol. 102 105. And Lambert Eiren. lib. 4. cap. 14. And note that the ancient course of Law in this point is much altered for by the Statute of 18 Eliz cap. 7. Clerks are no more delivered to their Ordinaries to be purged but now every Man to whom this benefit is granted though not in Orders is put to read at the Bar after he is found guilty and convicted of such Felony and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say Legit ut Clericus or otherwise he suffers death for his transgression Cowel Clerico Admittendo Is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne Admittas tryed and found for the party that procures the Writ Reg. of Writs fol. 31. Clerico capto per Statutum Mercatorum c. Is a Writ for the delivery of a Clerk out of prison who is imprisoned upon the Breach of a Statute Merchant Reg. of Writs fol. 147. Clerico convicto commisso Goalae in defectu Ordinarii deliberando Is a Writ for the delivery of a Clerk to his Ordinary that was formerly convict of Felony by reason his Ordinary did not challenge him according to the priviledges of Clerks Reg. of Writs fol. 69. a. Clerico infra sacros ordines constituto non eligendo in Officium Is a Writ directed to the Bailiffs c. that have thrust a Bailiwick or Beadleship upon one in holy Orders charging them to release him Reg. of Writs fol. 143. a. Clerk Clericus Hath two significations one as it is the title of him that belongs to the holy Ministery of the Church under which where the Canon Law hath full power are not onely comprehended Sacerdotes Diaconi but also Subdiaconi Cantores Acolyti Exorcistae Ostiarii And in this signification a Clerk is either Religious otherwise called Regular or Secular Anno 4 Hen. 4. cap. 12. The other denotes those who by their function or course of life practise their Pen in any Court or otherwise as the Clerk of the Rolls of Parliament Clerks of the Chancery c. whose peculiar Offices shall be set down in order Clerk of the Ax Clericus Securis Is an Officer in the Navy whose function is to carry a Silver Ax wherewith to mark and seise Timber for the Kings use in His Navy or otherwise and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts I suppose by mistake Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti Is he that Records all things done in the High Court of Parliament and engrosseth them fairly in Parchment Rolls for their better preservation to posterity Of these there are two One of the Lords House another of the House of Commons Cromp. Jurisd fol. 4. 8. Smith de Repl. Angl. pag. 38. See also Vowels Book touching the Order of the Parliament Clerk of the Crown in Chancery Clericus Coronae in Cancellaria Is an Officer there who by himself or Deputy is continually to attend the Lord Chancellor or Lord Keeper writes and prepares for the Great Seal of England special Matters of State by Commission or the like either immediately from His Majesty or by Order of His Council as well ordinary as extraordinary viz. Commissions of Lieutenancy of Justices Itinerant and of Assises of Oyer and Terminer of Goal Delivery and of the Peace with their Writs of Association and the like Also all General Pardons upon Grants of them at the Kings Coronation or at a Parliament where he sits in the Lords House in Parliament time info whose Office the Writs of Parliament made by the Clerks of the Pettibag with the names of Knights and Burgesses elected thereupon are to be returned and filed He hath also the making of all special Pardons and Writs of Execution upon Bonds of Statute Staple forfeited which was annexed to his Office in the Reign of Queen Mary in consideration of his continual and chargeable attendance Both these before being common for every Cursitor and Clerk of the Court of Chancery 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
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out
Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit of such Religious Houses and their Lands as were given him by Act of Parliament the same year not Printed For dissolving which Court there was authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
or Cursing Bracton mentions Bannus Regis for a Proclamation or Silence made by the Court before the Congress of the Champions in a Combat Lib. 3. tract 2. cap. 21. In terra suae ditionis Bannum i. Interdictum misit quod est prohibitio ut nullus fur vel latro esset c. Hist Norm edit Anno 1619 fol. 85. b. Bane from the Sax. bana A Killer or Murderer Signifies the destruction or overthrow of any thing As I will be the Bane of him is a common saying And he who was the cause of another Mans drowning is said to be Labane i. Malefactor Bracton l. 2. tract 8. cap. 1. Baneret Banerettus Eques vexillarius or Miles vexilliferus Is a Knight made in the Field with the Ceremony of cutting off the point of his Standard and making it a Banner according to Sir Tho. Smith in his Repub. Angl. Others add That Blood must be first drawn in the Field They are allowed to display their Arms in a Banner in the Kings Army as Barons do Camden in his Britan. fol. 109. hath these words Baneretti cum Vassalorum no men jam desierat a Baronibus secundi erant quibus inditum nomen a Vexillo Concessum illis erat Militaris virtutis ergo quadrato vexillo perinde ac Barones uti unde Equites Vexillarii à nonnullis vocantur c. Some maintain a Baneret ought not to be made in a Civil War but I finde in Sir Rich. Bakers Chron. fol. 260. That Henry the Seventh made divers Banerets upon the Cornish Commotion in the year 1495. Of creating these Knights read Seagar-Norroy his Book Lib. 2. cap. 10. and Seldens Titles of Honor fol. 799. That they are next to Barons in Dignity appears by the Statute 14 Rich. 2. c. 11. and 5 Rich. 2. Stat. 2. cap. 4. They were anciently called by Summons to the Parliament And we finde that a Baneret for Praying a Pardon for a Murderer contrary to the Statute is subject to the same punishment with a Baron 13 Rich. 2. Stat. 2. cap. 1. Will. de la Pole was created Baneret by Edward the Third by Letters Patent Anno Regni sui 13. Memb. 13. Those Banerets who are created sub Vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter praesente explicatis take place of Baronets as appears by the Letters Patent for Creation of Baronets See Cokes 4 Inst fol. 6. Bank Lat. Bancus Fr. Banque Hath two significations the first and that most noble is a Seat or Bench of Judgment as Bank le Roy the Kings Bench Bank de Common Plees the Bench of Common Pleas or the Common Bench called also in Latin Bancus Regius Bancus Communium Placitorum The second is a Bank where a great sum of Money is let out to use returned by exchange or otherwise disposed to profit Jus Banci or the Priviledge of the Bench was anciently allowed onely to the Kings Judges Qui summam administrant justitiam for Inferior Courts such as Court Barons and Hundred Courts were not allowed that Priviledge Since at this day the Hundred Court of Freibridge in Norfolk is held under an Oak at Geywood and the Court for the Hundred of Woolsey in Herefordshire is held under an Oak near Ashton in that County which is called the Hundred Oak See Free-Bench Bankrupt quasi Bancus ruptus Because when the Bank or Stock is broken or exhausted the owner is said to be a Bankrupt Anno 34 Hen. 8. cap. 4. and 1 Jac. 15. He is thus doscribed 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 Gross or by seeking his her or their Trade of Living by Buying and Selling and being 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 herself or take Sanctuary or suffer him or herself willingly to be arrested for any debt or other thing not grown or due for Money delivered Wares sold or any other just or lawful cause or good consideration or purposes or hath or will suffer him or herself to be outlawed or yield him or herself to prison or willingly or fraudulently hath or shall procure him or herself to be arrested 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 Conveyance of his her or their Lands Tenements Goods or Chattels to the intent or whereby his her or their Creditors being Subjects born as aforesaid shall or may be defeated or delaid 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 lie in Prison Six Moneths upon such Arrest or Detention shall be accounted and adjudged a Bankrupt to all intents and purposes But by Act 14 Car. 2. cap. 23. it is provided That no person whatsoever who shall adventure in the East-India or Guiney Company or in the Royal Fish Trade shall be esteemed a Merchant or Trader within any Statute for Bankrupts or lyable to the same Bannum et Banleuga A Territory Precinct or the utmost Bounds of a Mannor or Town so it is used 47 Hen. 3. Rot. 44. Carta Canuti Regis Coenobio Thorneiae Notum facio me eleemosinam nostram Christo concessisse omnibus Sanctis suis viz. primo terram illam à Twiwella usque Thorney ubi Bannum nostrum cessat Banishment Fr. Bannissement Hath a known signification but there are two kindes of it one voluntary and upon Oath whereof you may read Abjuration the other upon compulsion for some offence or crime as if a Lay-man succor him who having taken Sanctuary for an offence obstinately refuses to abjure the Realm he shall lose his life if a Clerk do so he shall be banished Stamf. Pl. Cor. fol. 117. Barator See Barrator Barbican Barbicanum A Watch-Tower Bulwark or Brest-work Mandatum est Johanni de Kilmyngton Custodi Castri Regis Honoris de Pickering quoddam Barbicanum ante portam Castri Regis praedicti muro lapideo in eodem Barbicano quandam portam cum ponte versatili c. de novo facere c. T. Rege 10. Aug. Claus 17 Edw. 2. m. 39. Barcaria or Barcarium A Sheep-coat and sometimes a Sheep-walk M. S. de Placit Ed. 3. See Bercaria Bard a lias Beard See Clack Bargain and Sale Is properly a Contract made of Mannors Lands and other things transferring the property thereof from the Bargainer to the Bargainee which ought to be in consideration of Money it is a good Contract for
lib. 5. fol. 98. And on Littl. fol. 235. In the Old Law the Woman divorced was to have of her husband a writing as S. Jerome and Josephus testifie to this effect I promise that hereafter I will lay no claim to thee which was called A Bill of Divorce Docket Is a Brief in Writing Anno 2 3 Ph. Ma. cap. 6. West writes it Dogget by whom it seems to be some small peece of Paper or Parchment containing the effect of a greater Writing Symbol par 2. tit Fines sect 106. To do Law Facere Legem Is as much as to make Law Anno 23 Hen. 6. cap. 14. See Make. Dogdraw Is a manifest deprehension of an Offender against Venison in a Forest when he is found drawing after a Dear by the scent of a Hound led in his hand There are four of these noted by Manwood par 2 cap. 18. num 9. viz. Stablestand Dogdraw Back bear and Bloodihand Dogger A kinde of little Ship Anno 31 Edw. 3. stat 3. cap. 1. All the Ships called Doggers and Landships c. Dogger-fish Ibidem cap. 2. Seems to be Fish brought in those Ships to Blackness Haven c. Dogger-men 25 Hen. 8. cap. 4. Sea-men that belong to Dogger-ships Dogget See Docket Doitkin Was a kinde of base Coyn of small value prohibited by the Stat. 3 Hen. 5. cap. 1. Hence we still retain the phrase Not worth a Doitkin Dole Dola Sax. doel Pars portio a doelan dividere distribuere Is a part or portion most commonly of a Meadow so called to this day As Dole-Meadow Anno 4 Jac. cap. 11. where several persons have shares In le Suthmede i. prato australi habet Prior per sortem illam quae vocatur Crumddprest tres Dolas sicut sors illa cadit Et in qualibet Dola habet 4 Polas sive octo andenas i. Swaths jacentes simul Lib. Priorat Dunstable cap. 5. Dolefish Seems to be that Fish which the Fisher-men yearly employed in the North-Seas do of Custom receive for their allowance or shares See the Stat. 35 Hen. 8. cap. 7. Dolg-bote Sax. A recompence amends or satisfaction made for a Scar or Wound Sax. Dict. LL. Aluredi Regis cap. 23. Dolgbot legitur Dom-boc Sax. Liber judicialis Legg Edovardi Regis senioris cap. 8. Bede swa Dom-boc taece i. Compenset sicut Liber judicialis statuerit Some Book of Statutes or Decrees proper to the English Saxons such haply as that wherein the Laws of former Saxon Kings were contained That Chapter seeming to refer to the Laws of King Ina cap. 29. Domesday or Domesdei Liber Judiciarius aliàs Censualis Angliae Comes from the Saxon dom i. Judgment not Domus Dei as some Authors have it is a Book which now remains in the Exchequer containing two great Volumes It was made in William the Conquerors time according to Camden in his Britannia who proves it out of Ingulphus that flourished in the same time and whose words are Totam terram descripsit nec erat Hyda in totā Angliā quin valorem ejus possessorem scivit nec lacus nec locus aliquis quin in Regis Rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor Regiae notitiae manifestatus juxta taxatorum fidem qui electi de qualihet patriâ territorium proprium describebant Iste Rotulus vocatus est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia Tenementa totius terrae continuit Domesday cognominatur So it is called in the Stat. 1 Rich. 2. cap. 6. And in Ockams Lucubrations de fisci Regis ratione which seems to be taken out of Liber Rubeus in the Exchequer It is called Liber Judiciarius Quia in eo totius Regni descriptio diligens continetur singulorumque fundorum valentia exprimitur And Domesday as Gervas Tilbur says Non quod in eo de propositis aliquibus dubiis feratur sententia sed quod a praedicto Judicio non liceat ulla ratione discedere It was begun in the year 1081. and finished 1086. Camden calls it Gulielmi librum Censualem the Tax-Book of William See more if you please in Spelm. Gloss and 4 Inst fol. 269. I finde it also written Domesdey in an ancient Record Domicellus and Domicella John of Gaunt Duke of Lancaster had by Katherine Swinford before marriage four illegitimate Children viz. Henry John Thomas and Joan and because they were born at Beaufort in France they were vulgarly called Henry de Beaufort c. John before 20 Rich. 2. was Knighted and Henry became Priest At the Parliament holden 20 Rich. 2. the King by Act of Parliament in form of a Charter did legitimate these Children Rex Charissimis consanguineis nostris nobilibus viris Johanni Militi Henrico Clerico Thomae Domicello ac dilectae nobis nobili mulieri Johannae Beaufort Domicellae Gormanis praecharissimi Avunculi nostri Johannis Ducis Lanc. natis ligeis nostris salutem c. Teste Rege apud Westm 9. dic Febr. per ipsum Regem in Parliamento In this Act says Sir Edw. Coke 4 Inst fol. 37. the said Thomas before his Legitimation could not be called Esquire and therefore had the Addition Domicello derived of the French word Domoicel which says he signifies a young Soldier not yet Knighted or nobly born c. which is a mistake for there is no such French word as Domoicel but Damoisel nor can Domicellus properly be derived from thence but is an obsolete Latin word and anciently given as an Appellation or Addition to the Kings natural Sons in France and sometimes to the eldest Sons of Noblemen there from whence doubtless we borrowed the words See Spel. Gloss verbo Domicellus Tidemannus permissione Divina Wigorn. Episcopus dilecto in Christo filio Johanni de Fulwode nostrae Dioc. Domicello salutem Dat. 7 Febr. 19 Rich. 2. Here it is used to a private Gentleman as Lord of a Mannor Dominica in Ramis Palmarum Palm-Sunday Md. quod ego Henricus de Erdington feci Homagium fidelitatem Domino Will. de Stafford apud Bromshulf in Com. Staff dic Mercurii prox ante Dominicam in Ramis Palmarum Anno Regni Regis Edw. xxiii pro terris tenementis quae teneo in villa de Hunstanscote in Com. War c. Domo Reparanda Is a Writ that lies for one against his neighbor by the fall of whose House he fears damage to his own Reg. of Writs fol. 153. In which Case the Civilians have the Action De damno infacto Donative Donativum Is a Benefice meerly given and collated by the Patron to a Man without either Presentatiou to or Institution by the Ordinary or Induction by his command Fitz. Nat. Br. fol. 35. E. See the Stat. 8 Rich. 2. c. 4. And where a Bishop hath the gift of a Benefice it is properly called a Donative because he cannot present to himself Petrus Gregorius de Beneficiis cap. 11. num 1. hath these words If Chappels founded by
Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant 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 then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. 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 Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
of waste to be made before he can get possession sues out this Writ See more in Fitz. Nat. Br. fol 60 67. Reg. of Writs fol. 76. And Reg. Judic fol. 37. In ancient Records we often find Vastum Estrepamentum facere Videturque Estrepamentum gravius Vasti genus designare Spel. Etheling or Aetheling in the Saxon signifies Noble and it was among our English Saxons the title of the Prince or Kings Eldest Son as we read in Camden Edgar Aetheling England's dearling Everwicscire Yorkshire anciently so called Willielmus Rex Angliae Thumae Archiepiscupo Bertramo de Verdon Baronibus suis Francis Anglis de Everwicscire c. Carta Will. Conq. Evidence Evidentia Is used generally for any proof be it testimony of Men Records or Writings Sir Tho. Smyth hath these words Lib. 2. c. 17. Evidence in this signification is Authentical Writings of Contracts Written Sealed and Delivered And lib. 2. ca. 23. speaking of the Prisoner that stands at the Bar to plead for his life he says thus Then he tells what he can say for himself after him likewise all those who were at the apprehension of the Prisoner or who can give any Indices or Tokons which we call in our language Evidence against the Malefactor It is called Evidence because thereby the point in Issue is to be made evident to the Jury probationes debent esse evidentos i. Perspicuae faciles See Coke on Litt. fol. 283. Exactor Regis The Kings Exactor Qui publicas pecunias tributa vectigalia res fisco debitas exegit Sometimes taken for the Sheriff Hoc enim sensu niger liber Seac par 1. ca. ult Tabulas quibus vicecomes censum Regium colligit Rotulum Exactorium vocatur Examiners in the Chancery Examinatores Are two Officers that examin upon Oath Witnesses produced on either side upon such Interrogatories as the Parties to any Sute do exhibit for that purpose and sometimes the Parties themselves are by particular Order examin'd also by them Excambiator Was antiently used for an Exchanger of Land Ita quod unusquisque eorum qui damna sustinuit aliquo casu contingente quod Excambiator refundat dampna misas expensas quocunque casu proveniente Ex libro Cartarum Priorat Leominstr de anno 2 Edw. 2. Exception Exceptio Is a stop or stay to an Action being used in the Civil and Common Law both alike and in both divided into dilatory and peremptory Of these see Bracton lib. 5. Tract 5. per totum And Britton ca. 91 92. Exchange Cambium vel excambium Is used peculiarly for that compensation which the Warrantor must make to the Warrantee value for value if the Land warranted be recovered from the Warrantee Bracton lib. 2. ca. 16. and lib. 1. cap. 19. It signifies also generally as much as permutatio with the Civilians as the Kings Exchange Anno 1 Hen. 6. ca. 1 4. 9 Ed. 3. Stat. 2. ca. 7. which is the place appointed by the King for exchange of Plate or Bullion for the Kings Coyn. These places have been divers heretofore as appears by the said Statutes but now there is onely one viz. the Tower of London conjoyned with the Mint which in time past might not be as appears by 1 Hen. 6. ca. 4. Exchangeors Are those that return Money beyond Sea by Bills of Exchange which by the Stat. 5 Rich. 2. ca. 2. ought not to be done without the Kings Licence See Excambiator Exchequer See Eschequer Excise Is a Charge or Imposition laid upon Beer Ale Sider and other Liquors within the Kingdom of England Wales and Berwick by Act of Parliament 12 Car. 2. ca. 13. during the Kings life and according to the Rates in the said Act mentioned See 13 Car. 2. ca. 13. 15. ejusdem 9. And 17 ejusdem ca. 4. Excommengement Anno 23 Hen. 8. cap. 3. Is in Law-French the same with Excommunication Excommunication Excommunicatio Is a Censure inflicted by the Canon or Ecclesiastical Judge depriving the person offending from the lawful Communion of the Sacraments and sometimes of the liberty of even conversing with the faithful And it is divided In majorem minorem Minor est per quam quis a Sacramentorum participatione conscientia vel sententia arcotur Major quae non solum a Sacramentorum verum-etiam fidolium Communione oxcludit ab omni actu legitimo separat dividit Venatorius de Sent. Excom Auctoritate Dei Patris omnipotentis Filii Spiritus Sancti beatae Dei genetricis Mariae omniumque Sanctorum Excommunicamus Anathematizamus a limitibus sanctae Matris Ecclesiae sequestramus illos malefactores N. consentaneos quoque participes nisi resipuerint ad satisfactionem venerint sic extinguatur lucerna eorum ante viventem in saecula saeculorum Fiat fiat Amen Ex Emendat Legum Wil. Conquestor in lib. vocat Textus Roffensis Excommunicato Capiendo Is a Writ directed to the Sheriff for apprehending him who stands obstinately Excommunicated Forty days For the contempt of such a one not seeking absolution may be certified or signified into Chancery whence issueth this Writ for the laying him up without Bail or Mainprise until he conform himself Fitz. Nat. Br. fol. 62. Anno 5 Eliz. cap. 23. and Reg. of Writs fol. 65. Excommunicato Deliberando Is a Writ to the Under-Sheriff for Delivery of an Excommunicate person out of prison upon Certificate from the Ordinary of his Conformity to the Jurisdiction Ecclesiastical Fitz. Nat. Br. fol. 63. Reg. of Writs fol. 67. Excommunicato Recipiendo Is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the Authority of the Church are commanded so be sought for and laid up again Reg. of Writs fol. 67. a. Executione Facienda Is a Writ commanding Execution of a Judgment the divers uses whereof see in the Table of Register Judicial Executione facienda in Witheinamium Is a Writ that lies for the taking his Cartle who formerly had conveyed out of the County the Cattle of another So that the Bailiff having authority from the Sheriff to Replevy the Cattle so conveyed away could not execute his charge Reg. of Writs fol. 82. b. Execution Executio Signifies the last performance of an Act as of a Fine or Judgment Execution of a Fine is the obtaining Actual Possession of the things contained in it by vertue thereof which is either by Enâ—y into the Lands or by Writ whereof see West at large Par. 2. Symbol tit Fines sect 137. Executing of Judgments Statutes and such like see in Fitz. Nat. Br. in Indice 2. verbo Execution Coke vol. 6. casu Blumfield fol. 87. a. makes two sorts of Executions one final another with a quousque tending to an end An Execution Final is that which makes Money of the Defendants Goods or extends his Lands and delivers them to the Plaintiff which he accepts in satisfaction and is
of the Exchequer the meaning and etmology whereof will appear by what follows Md. quod Anno Dom. 1277 Anno Regni Regis Edwardi filii Regis Henrici quinto misit idem Rex per totam Angliam Ballivos inquirere sub juramento in secreto de universis terris Angliae per Johannem de Kirkby Thesaurarium suum quisquis teneret cujus feodi quantum cujus Regis tempore feoffati essent Ex Registro Glaston Caenobii penes Rad. Sheldon Ar. fo 71. b. Knave Sax. Cnawa Is used for a Man-servant Anno 14 Edw. 3. Stat. 1. ca. 3. It did anciently signifie a Child also a Minister or Servant Matth. 8. 6. Puer meus jacet in domo paralyticus was in the Saxon Translation turned myn knawa Hence seyld knawa pro Armigero quasi scuti famulus seu minister he that bore the Weapon or Shield of his Superior It was sometimes of old used as a titular addition Johannes filius Willielmi Couper de Denby Knave ad satisfaciendum Regi de omni eo quod ad Regem pertinet occasione cujusdam Utlagariae in ipsum in placito transgressionis ad sectam Regis promulgata Original de anno 22 Hen. 7. 36 Derby Knight Sax Cnyt Miles Chivalier or Eques auratus from his gilt Spurs usually worn and thence called anciently Knights of the Spur. Signifies one that bears Arms who for his vertue and Marshal prowess is by the King or one having his Authority exalted above the rank of Gentlemen to a higher account or step of dignity The manner of making them Cam. in his Britan. thus shortly expresseth Nostris vero temporibus qui Equestrem dignitatem suscipit flexis genibus leviter in humero percutitur Princeps his verbis Gallice affatur Sus vel sois Chevalier au nom de Dieu i. Surge aut fis Eques in nomine Dei This is meant of Knight-Bachelers which is the lowest but most ancient degree of Knighthood with us By the Stat. 1 Edw. 2. ca. 1. All Gentlemen having a full Knights Fee and holding their Land by Knights Service might be compelled by distress to procure himself to be made Knight when he came to Mans Estate But by the Statute 17 Car. 1. ca. 20. it is ordained that no man shall be compelled to take the Order of Knighthood c. The priviledge belonging to a Knight see in Ferns Glory of Generosity p. 116. Of Knights there are two sorts one Spiritual so called by Divine in regard of their Spiritual Warfare the other Temporal Cassanaeus de gloria mundi Part 9. Considerat 2. See Seldons Titles of Honor fo 770. Knights of the Garter Equites Garterii or Periscelidis Arc an Order of Knights created by Edward the Third after he had obtained many notable Victories who for furnishing this honorable Order made choice in his own Realm and all Christendom of 25 the most excellent and renowned persons for vertue and honour Himself and His Successors Kings of England were ordained to be the Soveraigns and the rest Fellowes and Brethren of this Order Smith de Repub. Angl. lib. 1. ca. 20. The Officers belonging to it are The Prelate of the Garter which is alwayes the Bishop of Winchester The Chancelor of the Garter the Register who is alwayes Dean of Windsor The Principal King at Armes called Garter whose chief function is to manage their Solemnities at their Feasts and Installations Lastly the Usher of the Garter being the Usher of the Black Rod. This most honourable Society is a Colledge or Corporation having a great Seal belonging to it See Garter Knights Baneret See Baneret John Coupeland for his valiant service against the Scots had the honour of Baneret conferred on him and his Heirs for ever by Patent 29 Edw. 3. part 1. m. 2. Knights of the Bath See the Antiquity and Ceremony of their Creation in Mr. Dugdales Description of Worcestershire fo 531 532. They are so called from their Bathing the night before their Creation Their place is before Knights Batchelors and after Baronets Knights of St. John of Hierusalem Milites Sancti Johannis Hierosolâ—mitani Had beginning about the year 1119. and denomination from John the charitable Patriarch of Alexandria though vowed to St. John Baptist their Patron They had their primary foundation and chief aboad first in Hierusalem and then in the Isle of Rhodes until they were expelled thence by the Turk Anno 1523. Since which time their chief Seat is in the Isle of Malta where they have done great Exploits against the Infidels especially in the year 1595 and are now called Knights of Malta They had one general Prior who had the Government of the whole Order within England and Scotland Reg. of Writs fol. 20. b. and was the first Prior of England and sate in the Lords House of Parliament Of these Knights mention is made in the Stat. 25 Hen. 8. ca. 2. 26 ejusdem ca. 2. But Anno 32 Hen. 8. ca. 24. They in England and Ireland being found overmuch to adhere to the Pope against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition See Hospitalers Knights of Malta See Knights of St. Iohn Knights of Rhodes Anno 32 Hen. 8. ca. 24. See Knights of St. Iohn Knights of the Temple See Templers Knights of the Chamber Milites Camerae mention'd in 2 Inst fo 666. and in Rot. Pat. 29 Ed. 3. par 1. m. 29 seem to be such Knights Batchelers as are made in time of Peace because Knighted commonly in the Kings Chamber not in the Field as in time of War Knights of the Shire Milites Comitatus otherwise called Knights of Parliament are two Knights or Gentlemen of worth chosen upon the Kings Writ in pleno Comitatu by the Freeholders of every County that can dispend 40 s. per ann Anno 1 Hen. 5. ca. 1. and 10 Hen. 6. ca. 2. who are in Parliament to consult in behalf of the Commons of England touching the Publick Affairs of the Realm These when every man that had a Knights Fee was customarily constrained to be a Knight were of necessity to be milites gladio cincti for so runs the Writ at this day But now Custom admits Esquires to be chosen to this Office Quod milites Comitat. pro Parliamento extunc eligend sint milites notabiles de eisdem Com. pro quibus sic eligentur seu aliter notabiles Armigeri homines generosi de nativitate de eisdem Com. qui sint habiles existere milites quod nullus homo sit talis miles qui in gradu valetti inferiori existit prout in Statuto continetur viz. 23 H. 6. In breve de Sum. ad Parl. Claus 39 Hen 6. in dorso m. 41. For the choice of these Knights see the Statutes 7 Hen. 4. ca. 15. 23 Hen. 6. ca. 15. with others Their expences are to be born by the County 35 Hen. 8. ca. 11. though now a dayes that is for the
Wil. Dugdale Arm. And in another Deed xx Acras terrae Marlatas Marled Lands Marque from the Sax. Mearc i. Signum Signifies in our ancient Statutes as much as Reprisals as Anno 4 Hen. 5. cap. 7. Marques and Reprisals are used as Synonima and Letters of Marque in the same signification See Reprisals Marquis or Marquess Marchio qui regionis limitem incolit Is a Title of Honor next before an Earl and next after a Duke Marchiones Walliae viz. Rogerus de Mortuo-mari Jacobus de Audeley Rogerius de Clifford Rogerius de Leyburn Hamo Extraneus ille de Turbervilla cum pluribus aliis qui de bello praedicto de Lewes nuper fugerunt c. Mat. Westm in Anno 1264. pag. 225. Marshal See Mareshal Martial Law Is the Law that depends upon the just and arbitrary power and pleasure of the King or His Lieutenant in time of Wars For though the King does not in time of Peace make any Laws but by consent of the Three Estates in Parliament yet in Wars by reason of the great dangers rising from small occasions he useth absolute power in so much as His word goes for Law Smith de Repub. Angl. lib. 2. cap. 3. See Law of Arms. Mast Glans Pessona Glandis nomine continentur glans castanea faginr ficus nuces alia quaeque quae edi pasci poterunt praeter herbam Bracton lib. 4. 226. See Pessona Master of the Rolls Magister Rotulorum Is an assistant to the Lord Chancellor of England in the High Court of Chancery and in his absence heareth Causes there and gives Orders Crompt Jur. fol. 41. His title in his Patent is Clericus parvae bagae Custos Rotulorum as also Domus Conversorum Because the place where the Rolls of Chancery are now kept was anciently the House for Habitation of those Jews who were converted to Christianity But his Office hath that title from the safe keeping of the Rolls of all Patents and Grants that pass the Great Seal and of all Records of the Court of Chancery c. He is called Clerk of the Rolls Anno 12 Rich. 2. cap. 2. And in Fortescu cap. 24. And no where Master of the Rolls until 11 Hen. 7. cap. 20. And yet cap. 25. Ejusdem he is also called Clerk In which respect Sir Tho. Smith lib. 2. cap. 10. says He may not unfitly be called Custos Archivorum He hath the bestowing of the Offices of the Six Clerks the Clerks of the Pettibag Examiners of the Court and the Clerks of the Chappel Anno 14 15 Hen. 8. cap. 1. See Roll. Master of the Mint Anno 2 Hen. 6. cap. 14. Is now called the Warden of the Mint whose Office is to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to his Function Master of the Court of Wards and Liberies Was the cheif Officer of that Court named and assigned by the King to whose custody the Seal of the Court was committed c. Anno 33 Hen. 8. cap. 33. But this Court with the Officers and Appurtenances thereof is abolished by 12 Car. 2. cap. 24. Master of the Horse Is he that hath the Rule and Charge of the Kings Stable being an Office of high account and always bestowed upon some Nobleman of great merit and is mentioned Anno 39 Eliz. cap. 7. and 1 Edw 6. cap. 5. This Officer under the Emperors of Rome was called Comes sacri Stabuli Master of the Posts Was an Officer of the Kings Court who had the appointing placing and displacing of all such thorough England as provided Post-horses for the speedy passing of the Kings Messages Letters Pacquets and other business and is mentioned Anno 2 Edw. 6. cap. 3. But now by Statute 12 Car. 2. cap. 34. One General Letter Office or Post Office is setled in London the Master of which Office is appointed by the King by Letters Patent with Rates and Rules prescribed in the said Act for carrying Subjects Letters Master of the Armory Is he that hath the care and over-sight of His Majesties Armor and mentioned 39 Eliz. cap. 7. Master of the Jewel House Is an Officer in the Kings Houshold of great credit having charge of all Plate used for the King or Queens Table or any great Officer in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Anno 39 Eliz. cap. 7. Master of the Kings Houshold Magister Hospitii Regis Is otherwise called Grand Master of the Kings Houshold and is called Lord Steward of the Kings most Honorable Houshold Anno 32 Hen. 8. cap. 39. But Primo Mariae and ever since he is called Lord Steward of the Kings Houshold under whom there is a Principal Officer of the Houshold called the Master of the Houshold of great Authority as well as Antiquity Master of the Ordnance Anno 39 Eliz. cap. 7. Is a great Officer to whose care all the Kings Ordnance and Artillery is committed Masters of the Chancery Magistri Cancellariae Are assistants in the Chancery to the Lord Chancellor or Lord Keeper and Master of the Rolls Of these there are some Ordinary and some Extraordinary of Ordinary there are twelve whereof the Master of the Rolls is accompted one whereof some sit in Court every day throughout each Term and have referred to them at the Lord Chancellors or Master of the Rolls discretion the Interlocutory Reports for stating Accompts computing damages and the like taking of Oaths Affidavits and Acknowledgments of Deeds and Recognisances The Extraordinary do act in all the Countrey Ten Miles from London by taking Recognisances and Affidavits Acknowledgments of Deeds c. for the case of the Subject Master of the Kings Musters Is a Martial Officer in all Royal Armies most necessary as well for the maintaining the Forces compleat wel-armed and trained as also for prevention of such Frauds as otherwise may exceedingly waste the Princes Treasure and extreamly weaken the Forces c. mentioned 2 Edw. 6. cap. 2. And Muster-Master-General Anno 35 Eliz. cap. 4. Master of the Wardrobe Magister Garderobae Is a great Officer in Court having his habitation belonging to that Office called the Wardrobe near Puddle-Wharf in London He has the charge and custody of all former Kings and Queens ancient Robes remaining in the Tower and all Hangings Bedding c. for the Kings Houses He has also the charge and delivery out of all Velvet or Scarlet allowed for Liveries c. Of this Officer mention is made Anno 39 Eliz. ca. 7. Masura terrae Sunt in eisdem masuris 60 Domus plus quam ante fuerunt Domesday In Fr. Masure de terre is a quantity of ground containing about four Oxgangs Matter in Deed and matter of Record Differ thus according to Old Nat. Br. fo 19. The first seems to be nothing else but some truth or matter of Fact to be proved though not by
Substantive as Action or Exception signifies a Final and Determinate Act without hope of renewing or altering So Fitzherbert calls a Peremptory Action Nat. Br. fol. 35. 38. And Nonsute Peremptory fol. 5. A Peremptory Exception Bracton lib. 4. cap. 20. Smith de Repub. Angl. calls that a Peremptory Exception which maketh the State and Issue in a Cause Perinde valere Is a Dispensation granted to a Clerk who being defective in his capacity to a Benefice or other Ecclesiastical Function is De Facto admitted to it And it takes appellation from 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 Anno 25 Hen. 8. cap. 21. it is called a Writ Perjury Perjurium Est mendacium cum juramento firmatum Is a crime committed when a lawful Oath is ministred by any that hath authority to any person in any Judicial proceeding who sweareth absolutely and falsly in a matter material to the Issue or Cause in question by their own act or by the subornation of others And if a Man call me Perjur'd Man I may have my Action upon the Case because it must be intended contrary to my Oath in a Judicial proceeding but for calling me a Forsworn Man no Action lies because the forswearing may be Extra judicial Cokes Inst 3 Part. fol. 163. 23 Hen. 8. cap. 3. Excepted out of the Act of General Pardon 12 Car. 2. cap. 8. How punished in Wales Anno 26 Hen. 8. cap. 4. And 5 Eliz. cap. 9. Per my per tout A Joynt-tenant is said to be seised of the Land he holds joyntly Per my per tout i. He is seised by every parcel and by the whole Littl. sect 288. Totum tenet nihil tenet sc totum conjunctim nihil per se separatim Bract. lib. 5. 430. Permutatione Archiodecanatus Ecclesiae eidem annexae cum Ecclesia et Prebenda Is a Writ to an Ordinary commanding him to admit a Clerk to a Benefice upon exchange made with another Reg. of Writs fol. 307. Pernor of Profits From the Fr. Preneur a Taker or Receiver Is he that takes or receives the Profits Anno 1 Hen. 7. cap. 1. Pernour de profits cesti que use is all one Coke lib. 1. Casu Chudley fol. 123. See the Statute 21 Rich. 2. cap. 15. And Coke on Littl. fol. 589. b. Pernancy from the Fr. Prendre to take A taking or receiving Tithes in Pernancy i. Tithes taken or that may be taken in kinde Per quae servitia Is a Writ Judicial issuing from the Note of a Fine and lies for the Cognizee of a Mannor Seigniory Cheif Rent or other Services to compel him that is Tenant of the Land at the time of the Note of the Fine levied to atturn to him West part 2. Symbol tit Fines sect 126. See the New Book of Entries Perquisite Perquisitum Signifies any thing gained by ones own industry or purchased with ones own Money contradistinguished from that which descends to one from Father or other Ancestor as Perquisitum facere in Bracton lib. 2. cap. 30. num 3. Perquisites of Court Are those profits that arise to the Lord of a Mannor by vertue of his Court Baron over and above the certain and yearly profits of his Land as Fines of Copiholds Hariots Amerciaments Waiffs Estrayes c. Perkins fol. 20. 21. Personable Personabilis Signifies as much as inabled to hold or maintain Plea in a Court As the Demandant was judged Personably to maintain this Action Old Nat. Br. fol. 142. And in Kitchin fol. 214. The Tenant pleaded that the Wife was an alien born in Portugal without the ligeance of the King and Judgment was asked Whether she should 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 Being joyned with things Goods or Chattels as Things personal Goods personal Chattels personal signifies any moveable thing belonging to any Man be it quick or dead So it is used in West par 2. Symbol tit Indictments sect 58. in these words Theft is an unlawful Felonious taking away another Mans moveable personal Goods And Stamf. 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 a Tree is not Felony See Chattels Personal Tithes Are Tithes paid of such Profits as come by the Labor and Industry of a Mans person as by buying and selling gains of Merchandise and Handicrafts men c. See Tithes Personalty Personalitas Is an abstract of Personal The Action is in the Personalty Old Nat. Br. fol. 92. That is brought against the right person or the person against whom in Law it lieth Persons ne Praebendaries ne seront charges as Quinsimes c. Is a Writ that lies for Prebendaries or other Spiritual Persons being distrained by the Sheriff or Collectors of Fifteenths for the Fifteenth of their Goods or to be contributory to Taxes Fitz. Nat. Br. fol. 1. 76. Perticata terrae Is the fourth part of an Acre Continet in integra superficie 40 Perticas See Perch Perticulas The King granted to Luke Macgnin de Insula de Man Scholari quandam Eleemosinam vocatam Perticulas ad sustentationem cujusdam pauperis Scholaris de Insula praedicta ad exercend Scholas per Progenitores nostros quondam Reges Angliae datam concessam Pat. 5 Hen. 4. m. 16. Pertinens Was anciently used Pro cognato vel consanguineo Si quis cum pertinente sua jaceat emendet hoc secundum cognationis modum sit wera sit wita sit omni pecunia LL. Canuti MS. ca. 48. Pervise or Parvise Pervisus Parvisia non a parvus adiect sed a Gal. le parvis Sed tunc placitantes i. Post meridiem Se devertunt ad Pervisum alibi consulentes cum Servientibus ad legem aliis Consiliariis suis Fortescu de laudibus LL. Angl. ca. 51. pa. 124. of which thus Chaucer Prolog 9. A Serjeant at Law ware and wise That often had been at the Parvise Nam ibi Legis-periti convenere ut Clientibus occurrerent non ad tyrocinia Juris quas Motas vocant exercenda sayes Spelman Selden in his Notes on Fortescu pa. 56. sayes It signifies an afternoons Exercise or Moot for the instruction of young Students bearing the same name originally with the Parvisiae in Oxford Mr. Somner sayes Pervise signifies Palatii atrium vel area illa a fronte Aulae Westm hodie the Palace-yard vulgo nuncupata See his Gloss in x. Scriptores verbo Triforium Pes forestae Notandum est quod Pes Forestae usitatus tempore Ric. Oysell in arrentatione vastorum factus est
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
c. Quod tunc sint coram nobis c. Which words can be referred to none but parties charged with the offence See 3 Inst fol. 119. Prender from the Fr. Prendre i. accipere Is the power or right of taking a thing before it is offered It lies in Render but not in Prender Cokes Rep. 1 Part. Sir Jo. Peters Case Prender de Baron Signifies literally to take a Husband but it is used as an Exception to disable a Woman from pursuing an Appeal of Murder against the killer of her former Husband Stamf. Pl. Cor. lib. 3. cap. 59. Prepensed Praepensus Forethought as Prepensed malice Malitia Praecogitata when a Man is slain upon a sudden quarrel yet if there were Malice Prepensed formerly between them it makes it Murder or as it is called in the Stat. 12 Hen. 7. cap. 7. Prepensed Murder See Murder And 3 Inst fol. 51. Praepositus Ccclesiae See Church-reve Praepositus Uillae Is used sometimes for the Constable of a Town or Petit-Constable Cromp. Juris fol. 205. Howbeit the same Author fol. 194. seems to apply it otherwise for there Quatuor homines Praepositi are those four Men that for every Town must appear before the Justices of the Forest in their Circuit It is sometimes used for an Head or Cheif-officer of the King in a Town Mannor or Village or a Reeve See Reeve Animalia res inventa coram ipso Sacerdote ducendae erant LL. Edw. Conf. cap. 28. Praerogative of the King Praerogativa Regis from prae i. ante and rogare to ask or demand For though an Act hath passed both Houses of Parliament yet before it be a Law the Royal Assent must be asked and obtained Is generally that Power Preeminence or Priviledge which the King hath over and above other persons and above the ordinary course of the Common Law in the right of His Crown Potest Rex ei lege suae dignitatis condonare si velit etiam mortem promeritam LL. Edw. Confess cap. 18. The Kings Person is subject to no Mans Sute His Possessions cannot be taken from Him by any violence or wrongful Disseisin His Goods and Chattels are under no Tribute Toll or Custom nor Distrainable with very many other Regal Rights and Priviledges See Stamf. Praerog and the Statute of the Kings Praerogative Anno 17 Edw. 2. and Plowden Casu Mines Spelman calls it Lex Regiae Dignitatis Prerogative Court Curia Praerogativa Archiepiscopi Cant. Is the Court wherein all Wills are proved and all Administrations granted that belong to the Archbishop by his Prerogative that is in case where the deceased had Goods of any considerable value out of the Diocess wherein he died and that value is ordinarily 5 l. except it be otherwise by composition between the said Archbishop and some other Bishop as in the Diocess of London it is 10 l. And if any contention arise touching any such Will or Administration the cause is properly debated and determined in this Court the Judge whereof is called The Judge of the Prerogative Court of Canterbury The Archbishop of York hath also the like Court which is termed his Exchequer but far inferior to this in Power and Prosit 4 Inst fol. 335. Prescription Praescriptio Is a Title taking its substance of use and time allowed by the Law As when a Man claims any thing because he his Ancestors or they whose estate he hath have had or used it all the time whereof no memory is to the contrary or when for continuance of time whereof there is no memory a particular person hath particular right against another particular person Kitchin fol. 104. See Coke on Littl. fol. 140. b. But as in the Civil Law so in the Common Prescription may be in a shorter time at least in some particular Cases For example where the Statute Anno 8 Rich. 2. cap. 4. says That a Judge or Clerk convicted for false entring of Pleas c. may be Fined within two years the two years being past he prescribes against the punishment of the said Statute So the Statute Anno 11 Hen. 7. says That he who will complain of Maintenance or Embracery whereby Perjury is committed by a Jury must do it within six days those six days ended the parties prescribe And divers other Statutes have the like Limitations of time whence may arise a like Prescription See Action Perpetual and Temporal See Lamb. Eiren. lib. 4. ca. 5. pag. 469. Of this Prescription and the Learning touching the same you may read Cokes Rep. Lutterels Case Vol. 4. fol. 84. and Latches Rep. fol. 110. Praescriptio est jus quoddam ex tempore congruens authoritate legum vim capiens paenam negligentibus inferens sinem litibus imponens Quadragenalis Praescriptio omnem prorsus actionem excludat Reformatio Legum Eccles pag. 246. See 2 Inst fol. 653. Presentation Praesentatio Is used properly for the act of a Patron offering his Clerk to the Bishop to be instituted in a Benefice of his Gift the Form whereof see in Reg. of Writs fol. 322. a. See Parson Presentée Is the Clerk that is so presented by the Patron In the Stat. 13 Rich. 2. cap. 1. mention is made of the Kings Presentee that is he whom the King presents to a Church Presentment Is a meer denunciation of the Jurors themselves or some other Officer as Justice of the Peace Constable Searcher Surveyor c. without any information of an offence inquirable in the Court whereunto it is presented Lamb. Eiren. lib. 4. cap. 5. pag. 467. President Praeses Is used for the Kings Lieutenant in any Province or Function as President of Wales York Barwick President of the Kings Council Anno. 22 Hâ—n 8 ca. 8. And 24 Hen. 8. ca. 3. 1. Prest Is used for a duty in Money to be paid by the Sheriff upon his account in the Exchequer or for Money left or remaining in his hands Anno 2 3 Edw. 6. ca. 4. Prest Money Is so called of the French word Prest i. Promptus Expeditus for that it binds those that receive it to be ready at all times appointed commonly meant of Soldiers Anno 18 Hen. 6. 19. 7 Hen. 7. 1. 7 Hen. 8 5. And 2 Edw. 6 2. Prestation Money Praestatio i. A performing or paying Is a sum of Money paid by Archdeacons yearly to their Bishop Pro exteriori Jurisdictione Et quieti sint a Praestatione Muragii Carta Hen. 7. Burgens Mountgomer Praestatio was also anciently used for Pourveyance See Mr. Phillips Book on that subject pag. 222. And see Spiritualties Presumption Praesumptio Is of three sorts 1. Violent which is many times Plena Probatio as if one be run through the Body in a House whereof he instantly dies and a Man is seen to come out of the House with a Bloody Sword and no other Man was at that time in the House 2. Probable which moveth little 3. Levis seu temeraria which moves not at all So in case of a
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend 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 read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See Law see Make. Tenementis Legatis Is a Writ that lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
of a Toft Toftmanni similiter operabantur a Sancto Michaele usque ad autumpnum in autumno per 6 hebdomadas unaquaque hebdomade per 2 dies c. Pri. Lew. pag. 18. See Molman Tol Tollere As it is a Verb signifies to defeat or take away Anno 8 Hen. 6. cap. 9. As to Tol the Entry i. To take away the right of Entry Toll Tolnetum vel Theolonium Is a Saxon word and hath two significations First It is used for a liberty to buy and sell within the Precincts of a Mannor Secondly For a Tribute or Custom paid for Passage Buying Selling c. Bracton lib. 2. cap. 24. num 3. interprets it to be a Liberty as well to take as to be Free from Toll for they who are enfeoffed with Toll are Custom-free says Skene Toll hoc est quod vos homines vestri de toto Homagio vestro sint quieti de omnibus mercatis de Tolneto de omnibus rebus emptis venditis Of this freedom from Toll the City of Coventry boasts of an ancient Charter granted by Leosric or Luriche Merciorum Comes who at the importunity of Godeva his vertuous Lady granted this Freedom to that City and in Richard the Seconds time according to Mr. Dugdale in his Description of Warwickshire the Picture of him and his Lady was set up in the South-Window of Trinity Church there holding in his right hand a Charter with these words written thereon I Luriche for the love of thée Do make Coventry Toll-frée Some Authors make mention of Toll-through which is Money paid for passage in or through some High-ways or over Ferries Bridges c. Toll-travers for passing over a private Mans Ground and Toll-turn which is Toll paid at the return of Beasts from Fair or Market though they were not sold Plowden Casu Willion fol. 236. Kitchin fol. 104. By the ancient Law of this Land the Buyers of Corn or Cattle in Fairs or Markets ought to pay Toll to the Lord of the Market in testimony of the Contract there lawfully made in open Market because privy Contracts were held unlawful Horns Mirror lib. 1. Tollage Anno 17 Car. 1. cap. 15. See Tallage Tolsester Per Tolsester clamat esse quiet de reddend unum Sextarium Cervisiae quod continet xvi Lagenas de nova cervisia mensurata desubtus le Shakelif pro licencia braciandi cervis per totum annum Ex Rol. Plac. in Itin. apud Cestriam 14 Hen. 7. The same word occurs in Carta 55 Hen. 3. m. 6. See Gavel-sester Tolt Tolta Is a Writ whereby a Cause depending in a Court Baron is removed to the County Court and so called because it does Tollere loquelam from the one Court to the other Preface to Cokes 3 Rep. Plac. Coram Rege Pasc 22 Edw. 1. Rot. 18. Tolta placiti significat processum per quem causa a jurisdictione juris temporalis tollitur Toltray Venditio salis quae debet solvi i. Bushel dimid salis per mensuram 4 d. MS. de Temp. Edw. 1. Tonne See Tun. Tort Fr. Injustice injury As De son tort mesme in his own wrong Crokes Rep. Whites Case fol. 20. Wrong or injury is properly called Tort because it is wrested or crooked Coke on Littl. fol. 158. b. Tortfeasor Fr. Tort faiseur A Doer of wrong a Trespasser Croke 2 part fol. 383. num 11. Toties quoties Anno 19 Car. 2. cap. 4. As often as Totted A good debt to the King is by the Foreign Apposer or other Officer in the Exchequer noted for such by writing this word tot to it Anno 42 Edw. 3. cap. 9. and 1 Edw. 6. cap. 15. See Practice of the Exchequer pag. 71. Totteray Was a Customary payment of four pence for every Bushel and a half of Corn sold at Maldon in Essex Hil 15 Edw. 1. Tourn See Turne Tout temps prist uncore est i. Always ready and is so at this present Is a kinde of Plea in way of excuse or defence for him that is sued for any Debt or Duty belonging to the Plaintiff See Brooks Abr. fol. 258. Towage Towagium Fr. Touaige Is the towing or drawing a Ship or Barge along the Water by Men or Beasts on Land or by another Ship or Boat fastned to her Also that Money or other recompence which is given by Bargemen to the owner of the Ground next a River where they tow a Barge or other Vessel The word may probably be derived from the Saxon teon Ducere trahere Dominus Rex habeat habere debeat Thowagium navium batellorum majorum minorum in aqua de Tyne c. Pla. Coram Rege ejus Concil Parl. 18 Edw. 1. in Turre London Traylbaston See Justices of Traylbaston and see the Copies of several Commissions granted to them by Edward the First in Spelmans Glossarium verbo Traylbaston The common people in those days called them Traybaston quod sonat Trahe baculum Edward the First in his Thirty second year says Sir Rich. Baker sends out a new Writ of Inquisition called Trailbaston against Intruders on other Mens Lands who to oppress the right owner would make over their Lands to great Men against Batterers hired to beat men Breakers of Peace Ravishers Incendiaries Murderers Fighters False Assisors and other such Malefactors which Inquisition was so strictly executed and such Fines taken that it brought in exceeding much Treasure to the King Chron. fol. 111. See Plac. Parliamentaria fol. 211. 280. and 4 Instit 186. And in a Parliament 1 Ric. 2. the Commons of England Petitioned the King That no Commission of Eyre or Trayle Baston might be issued during the Wars or for Twenty years to come Rot. Parl. 1 Ric. 2. Traytor Traditor Proditor See Treason Traiterous Position Of taking Arms by the Kings Authority against his person and those that are commissionated by him condemned by the Stat. 14 Car. 2. cap. 3. Transcript Anno 34 35 Hen. 8. cap. 14. Is the Copy of any Original written again or exemplified As the Transcript of a Fine Transcripto Recognitionis factae coram Justiciariis itinerantibus c. Is a Writ for the certifying of a Recognizance into Chancery taken before Justices in Eyre Reg. of Writs fol. 152. b. Transcripto pedis Finis levati mittendo in Cancellariam Is a Writ for the certifying the Foot of a Fine levied before Justices in Eyre c. into the Chancery Reg. of Writs fol. 169. and Reg. Judic fol. 14. Transgressione Is a Writ commonly called a Writ or Action of Trespass Of which Fitzherbert hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differs from the other because it hath not these words Quare vi Armis c. Nat. Br. fol. 84. G. The other is termed a Writ of Trespass which is to be sued in the Common Pleas or Kings Bench. Nat.
symbolum Hac autem solutione multi se contendunt immunes esse a minoribus quibusdam decimis persolvendis Ejusdemque generis sunt quae alias Cock Wax alias Maineport appellantur Spelm. This Waxscot was anciently paid thrice a year towards the charges of Candles in Churches Way See Chimin Wde for so they anciently wrote Wood. See Strond Weald or Weld Sax. weald i. Sylva desertum Is the Woody part of a Countrey as the Weald of Kent Cam. Britan pag. 247. Anno 26 Hen. 8. cap. 7. In the Collection of Statutes 14 Car. 2. cap. 6. It is mis-printed Wildes of Surrey Sussex or Kent for Wealds Wear or Were Wera Wara Sax. waer A Stank or great Dam in a River well known accommodated for the taking of Fish or to convey the stream to a Mill. Unam Waram duas Cotlandas cum Dominio prato Mon. Angl. 2 par fol. 128. And I have seen an old Deed with Boera stans in aqua supposed to signifie a Wear See Kiddel Weif See Waif Weigh Waga Is a Weight of Cheese or Wool containing Two hundred fifty six pounds of Avoir du pois See Waga Cokes 12 Rep. fol. 17. mentions Eighty Weigh of Bay-Salt See Waga Weights Pondera There are two sorts of them in use with us The one called Troy Weight which hath Twelve ounces to the Pound by which Pearl Precious Stones Electuaries and Medicinal things Gold Silver and Bread are weighed The other Avoir de pois containing Sixteen ounces to the pound by which all other things are weighed that pass by weight Geo. Agricola in his Learned Tract De ponderibus Mensuris pag. 339. termeth the Pound of Twelve ounces Libram Medicam and the other Libram Civilem saying thus Medica et Civilis Libra numero non gravitate unciarum differunt By these words Avoir du pois are sometimes signified such merchandise as are bought and sold by this kinde of Weights The first Statute of York 9 Edw. 3. in Proaem 27 Edw. 3. stat 2. cap. 10. And 24 Hen. 8. cap. 13. All our Weights and Measures have their first composition from the Penny Sterling which ought to weigh Thirty two Wheat Corns of a middle sort Twenty of which pence make an ounce and Twelve such ounces a Pound but Fifteen ounces make the Merchants Pound Fleta lib. 2. cap. 12. which though an ounce less should probably be all one in signification with Avoir du pois and the other Pound called by Fleta Trone Weight plainly appears to be all one with that we now call Troy Weight See Tronage From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm c. Anno 17 Car. 1. cap. 19. Weights of A wncel Anno 14 Edw. 3. stat 1. cap. 12. See Auncel Weight Weythe Et omnia animalia advenientia fugitiva Gallice Weythe in toto Hundredo de Halton Mon. Angl. 2 par fol. 187. b. See Waif Wend Wendus i. Perambulatio circuitus from the Sax. wendan to Wend Meare Procinctus terrae amplior plurima juga in se continens Rentale Regalis Manerii de Wy pag. 31. Tres sunt Wendi viz. Dounwend Chiltones Wend Bronsford Wend in quolibet Wendo sunt decem juga sic in tribus Wendis sunt 30 juga quorum 26 juga dimid sunt in Wy c. Et infra Quilibet Wendus faciet 10 averagia semper de tribus septimanis in tres c. Were alias Werre Sax. ƿere ƿera i. pretium Signifies as much as aestimatio capitis or pretium hominis that is so much as one paid in ancient time for killing a Man when such crimes were punished with pecuniary mulcts nor death In LL. Edw. Conf. cap. 11. We read Were suum id est Pretium suae redemptionis his ransom Si quis ante Comitem in placito pugnaverit emendet secundum precium sui ipsius forisfacturam quod Angli dicunt were wite Can. LL MS. pag. 150. In which words the Saxon ƿ w is often mistaken into p and written Pere and Pite See Pere and Pite and see Gavelet Weregelt-thef Significat latronem qui redimi potest Fleta lib. 1. cap. 47. also Wergild Wergeld Wergildus Pretium seu valor hominis occisi homicidii precium which was paid partly to the King for the loss of His Subject partly to the Lord whose Vassal he was and partly to the next of kin Quaedam crimina emendari non possunt quae sunt Husbrech Bernet Openthef Ebere-mord Lafordfith infractio pacis Ecclesiae vel per Manus Regis per homicidium LL. Hen. 1. cap. 13. In which Chapter the crimes are enumerated which might be redeemed per Weram De unoquoque fure per totam Scutiam est Wergelt 30 Vaccae una juvenca sive fuerit liber homo sive servus Reg. Majest lib. 4. cap. 19. The Weregild of an Archbishop and of an Earl was 15000 Thrimsa's Seldens Titles of Honor fol. 604. Weretoff Et sint quieti de communi misericordia Comitatus de Wardpenny Averpenny de Hundredpenny Thirdingpenny de Weretoff de Forfeng Carta Hen. 1. from the Sax. ƿere-to-fon i. To take a ransom or price for killing a Man See Were Wervagium Cum omnibus aliis consuetudinibus legibus libertatibus suis Wervagio suo bi lande bi strande Carta Hen. 3. Leveshamensi Coenob Quaere West Saxonlage alias West Sexenlage Was the Law of the West Saxons See Merchenlage Westminster Westmonasterium Sax. Westmynster i. Occidentale Monasterium Was the ancient Seat of our Kings and is now the well known place where the High Court of Parliament and Courts of Judicature sit It had great Priviledges granted by Pope Nicholas among others Ut amplius in perpetuum Regiae constitutionis locus sit atque repositorium Regalium Insignium Ep. ejus ad div Edovard Concil Tom. 3. B. fol. 1228. See City And 4 Inst fol. 255. Wetecroft Habebit mensuram unam sc Wetecroft cum orto ubi possit manere c. Mon. Angl. 2. par sol 40. b. Wharf Wharfa Is a broad plain place near a Creek or Hithe of the Water to lay Wares on that are brought to or from the Water New Book ef Entries fol. 3. Anno 12 Car. 2. cap. 4. Wharfage Wharfagium Is Money paid for Landing Wares at a Wharf or for Shipping or taking Goods into a Boat or Barge from thence It is mentioned Anno 27 Hen. 8. cap. 26. And 22 Car. 2. cap. 11. Wharfinger Is he that owns or keeps a Wharf or hath the over-sight or management of it Anno 7 Edw. 6. cap. 7. 12 Car. 2. cap. 4. And 22 Ejusdem cap. 11. Whéelage Rotaticum Fr. Rouage Tributum est quod rotarum nomine penditur hoc est pro plaustris carris transeuntibus Spelm. Whitehart-silver Candidi cervi argentum Is a Tribute or Mulct paid into the Exchequer out of