lib. 20. Lastly it signifieth a tribute levied of the Temporality Holinshed in Henry 2. fol. 111. Dispatigemet Disparagatio is by out Common Lawyers used especially for marching an heir in marriage under his or her degree or against decencie See my Institues 〈◊〉 de â—inpliis § 6. Disseisin Cisseisinae cometh of the French Disseisir and signifieth in the Common law an unlawful dispossessing of a man of his Land Tenement or other immoveable or incorporeal right Institut of the Com. Law cap. 15. And how far this extendeth See Bracton libro quarto cap. tertio And therefore the Assises be called Writs of Disseisin that lye against Disseisonrs in any case Wherof some be termy little VVrits of disseisin being vidontiel that is sneable before the Sheriff in the County-court Old nat br fol. 109. because they are determined by the Snyreeve without assise Register Original fol. 198. b. as for Nuissanses of no great projudice Disseisin is of two sorts either simple Disseisin committed by day without force and arm Kracton lib. 4. cap. 4. Bricon cap. 42. 43. 44. where you shall find in what especially it is lawful in what not Britton cap. 53. And by Disseisin by force for the which see Desersour See Fresh disseisin See Redisseisin and Post disseisin See Skine de verbo signifit verbo disseisina Disseisin how many wayes it is commited See Fleta l. 4. c. 1. 〈…〉 and when it is lawful cap. 2. â—n Distresse districtio districtus cometh of the Enench 〈…〉 It signifiethâ— most commonly in the Common lawâ— a compulsion in 〈◊〉 and ons whereby to bring â—min to appear in Court or to pay debt or dutie de â—ied The effect where of most commonly is to divel the party distreined to reple vie the distresse and so to take his action of trespasse against the Distreiner or else 10 compound neighbourly with him for the debt or duty for the which he dissreineth In what cases a Distresse by law fulâ—ste The new Terms of Law The Civilians calbiâ— Riguorum â—â—â—â—ionem Brissonius 〈…〉 lib. 14. This compulsion is by Brittons cap. 71. divided into a distreste per 〈◊〉 and Distresse real Distresse personaâ— is made by surprising a mans moveable goods and detaining them for the security of his appearance to the sure â— and to make hin Plaintiff A Distresse real is made upon immo veable goods as the Grand Cape peâ—it Cape And thus it is interpreted by Hotomon de verb foudal verbo districtus This differeth from an Attachment in this point among others that â— Distresse cannot be taken by any common person without the compasse of his own Fee Eâ—zhâ—vat br fol. 904. except it be presently after the cattel or other thing is driven or borâ— out of the ground by him that perceiveth it to be in danger to be distreined New terms of the Law verbo distresse District us 〈◊〉 is sometime used for the circuit or territory within the which a man may be thus compelled to appearance Ca. ne Romani de electione tu Clem. and Casson de consuetud Burgund pa. 90. Britton cap. 120. and so likewise in Districtio in the Register original fol. 6. b. And so it seemeth to be used in Pupilla oculi par 5. cap. 22. Charta de foresta See also Alynsing in the Chapter licet causam 9. extra de probationibus num 5. and Zasius in his 16. councel num 47. Distresse in the former signification is divided first into finite and infinite Fining is that which is limited by Law how often it shall be made to bring the party to trial of the action as once twice Old nat br fol. 43. Distresse infinite is without limitation until the party come as against a Jury that refuseth to appear super certificatione Assisa the Processe is a venire facias hebeas corpora and distresse infinite Old nat br fol. 113. Then it is divided into a grand distresse anno 52 H. 3. cap. 7 which Fitzherbert calleth in Latine magnam districtiorem nat br fol. 126. A. and an ordinary distresse A grand distresse is that which is made of all the goods and chattels that the party hath within the County Britton cap. 26. fol. 52. But see whether it be sometime not all one with a distresse infinite Ideâ— fol. 80. with whom also the Statute of Marlebridge seemeth to agree anno 52 H. 3. cap. 7. cap. 9. cap. 12. See Old nat br fol. 71. b. See grand distresse what things be distreinable and for what causes See the New Terms of Law veâ—bo Distresse Of this also see more in Attachement Distring as is a Writ directed to the Sheriff or any other Officer commanding him to distrain one for a debt to the King c. or for his appearance at a day See great diversity of this Writ in the Table of the Register judicial verbo distrirgas Divise See Dâ—vise Dividends in the Exchequer seemeth to be one part of an Indenture anno 10 Ed. 1. cap. 11. anno 28. ejusdem Stat. 3. cap. 2. Divorce See Devorce DO Docket is a Brief in writing anno 2. 3. Ph. Mar. cap. 6. West writeth it Dogget by whom it seemeth to be some small piece of paper and parchment containing the effect of a larger writing Symbol par 2. tit Fives Sect. 106. Doctor and Student is a Book containing certain Dialogues between a D. of Divinity and a Student at the Common law wherein are contained questions and cases as well of the equity and conscience used in the Common law as also a Comparison of the Civil Canon and Common Law together very worthy the reading The Author is said by D. Cosin in his Apologie â—o be a Gentleman called Saint German The Book was written in the dayes of H. 8. To do law facere legem is as much as to make law anno 23 H. 6. cap. 14. See Make. Dog draw is a manifest deprehension of an offender against venison in the Forest There be four of these noted by M. Manwood parte 2. of his Forest Laws cap. 18. num 9. viz. Stablestand Dog-draw Back-bear and Bloody-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound that he leadeth in his hand Dogger a kind of Ship an 31. Ed. 3. stat 3. cap. pri Dogger-fish ibid. c. 2. seemeth to be Fish brought in those Shins to Blackney-haven c. Dogger men an 2 H. 8. cap. 4. Dogget See Docket Domo reparanda is a Writ that lyeth for one against his neighbour by the fall of whose house he feareth hurt toward his own house Reg orig fol. 153. for this point The Civilians have the action de damno infacto Dole fish seemeth to be that Fish which the Fishermen yearly imployed in the North Seas do of custome receive for their allowance See the statute an 35 H. 8. cap. 7. Donative is a Benefice meerly given and collated by the Patron to a man without either presentation to
Huckstow idem pag. 456. of Hay Manwood parte 1. pa. 144. of Cantsâ—lly eadem pag. of Ashdowne in the County of Sussex an 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the County of Northampton an 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset Coke li. 2. Cromwels case fo 71. b. I hear also of the forest of Exmore in Devonshire There may be more which he that listeth may look for Forester forestarius is a sworn officer of the forest appointed by the Kings letters patents to walk the forest both early and late-watching both the vert and the venison attaching and presenting all trespassers against them within their own bayliwick or walk whose oath you may see in Crompton fo 201. And though these letters parents bee ordinatily granted but quam diu bene se gesserint yet some have this grant to them and their heirs and thereby are called Foresters or fosters in fee Idem fol. 157. 159. and Manwood parte 1. pag. 220. whom in Latine Crompton calleth Foresta rium feudi fo 175. Fore-judger forisjudicatio signifieth in the Common law a Judgement whereby a man is deprived or put by the thing in question It seemeth to be compounded of fo rs i. praeter and juger i. â—udicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So doth Kitchin use it fol. 29. and Old nat brev fol. 44 and 81. and the Stat. An. 5. E. 3. c. 9. an 21 R. 2. c. 12. Forjudicatus with Authors of other nations signifieth as much as Banished or as Deportatus in the antient Roman law as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis l. 3 feud Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progresse to provide for them anno 36. Ed. 3. c. 5. Forfeiture forisfactura commeth of the French word Forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall Law than the transgression it self as forfeiture of Eschears anno 25 E. 3. ca. 2. statut de Proditionibus Goods confiscate and goods forfeited differ Staw pl. Co. f. 186. where those seem to be forfeited that have a known owner having committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendor as not his own nor claimed by any other I think rather that forfeitute is more general and confiscation particular to such as forfeit onely to the Princes Exchequer Read the whole chapter li. 3. ca 24. Full forfeiture plena forisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte 1. p. 341. The Canon Lawyers use also this word For forisfactura sunt pecuniariae pocnae delinquentium Glos in c. Presbyteri extrade poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who holding by Knights service and being under age and unmarried refuses her whom the Lord offereth him without his disparagement and marrieth another Fitz. nat br fo 141. H. I. K. L. Register original fol. 163. b. Forseng quietantiam prioris prisae designat in hoc enim delinquunt Furgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. ca. 47. Forgery see here next following Forger of false deeds Forger of false deeds cometh of the French Forger i. accudere fabricare conflare to beat on an anvile to fashion to bring into shape and signifieth in our Common law either him that frandulently maketh and publisheth false writings to the prejudice of any mans right or else the writ that lieth against him that committeth this offence Fitz. nat br fo 96. b c calleth it a writ of Deceit See Terms of Law verbo Forger and Wests Symb. parte 2. Indictments Sectio 66. See the new book of Entries verbo Forger de faits This is a branch of that which the Civilians call Cremen falsi Nam falsarius est qui decipiendi causa scâ—ipta publica falsificat Speculator de crimine falsi Falsicrimen propriè dicitur quod utilitatis privatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requir untur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est pu ibilis Hostiensis et Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any ands or tenements by vertue of any entail growing from the Statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is caled forma donations or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recovery of lands c. given to the one and the heirs of his body or to a man and his wife and the heirs of their two bodies or to a man and his wife being Cosin to the Donour in franck mariage and afterward alienated by the Donee For after his decease his heire shall have this writ against the renent or alienee Fitz. nat br fol. 211. He maketh three sorts or this formdon in the descender The first is in the manner now expressed The second is for the heir of a Coparcener that alienateth and dyeth fo 214. the third is called by him In simul tenuit fol. 216. which lieth for a Coparcener or heir in Gavelkind before partition against him to whom the other Goparcener or heir hath alienated and is dead Formdon in the Reverter lyeth for the Donour or his heirs where land entailed to certain and there issue with condition for want of such issue to revert to the Donour and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Fitz. nat br fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail the remainder to another in tayl and afterward the former tenent in tail dyeth without issue of his body and a stranger abateth then he in the remainder shall have this writ Fitz. nat br f. 217. See the Register original fol. 238 242 243. Of this see the new book of Entries verb. Formdon Forsechoke seems to signifie originally as much as forsaken in our modern language or derelictum with the Romans It is especially used in one of our Statutes for land or tenements seised by the Lord for want of services due from the tenent and so quietly held and possessed beyond the year and day As if wee should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by law to recover them doth in due presumption of Law
peace may a Iustice of peace command either as a Minister when he is willed so to do by a higher authority or as aludge when he doth it of this own power derived from his Commission Of both these see Lamberds Eirenarcha lib. 2. cap. 2. pa. 77. See Peace See Supplicavit Suffragan Suffraganeus is a titular Bishop ordained and assisted to aid the Bishop of the Diocesse in his spiritual function c. Suffraganeus Extra de electione For the Etymologie Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur Joach Stephanus de jurisdict lib. 4. cap. 16. num 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Diocesse and to present them to the King that he might give the one of them such Title Stile Name and Dignity of sease in the said Statute specified as he should think convenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our Common law a following of another but in divers senses the first is a sute in Law and is divided into sute real and personal Kitchin fol. 74. which is all one with action real and personal Then is there sute of Court or sute service that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat brev in Indice verbo Suite suyte service and suyte real anno 7. H. 7. cap. 2. The new Expositour of Law terms maketh mention of four sorts of sutes in this signification Sute covenant sute custome sute real and sute service Sute covenant he defineth to be when your Ancestor hath covenant with mine Ancestor to sue to the Court of mine Ancestors Sute custome when I and my Ancestors have been seised of your own and your Ancestors sute time out of mind c. Sutereal when men come to the Sheriff Turn or Leet to which Court all men are compelled to come to know the Laws so that they may not be ignorant of things declared there how they ought to be governed And it is called real because of their allegiance And this appeareth by common experience when one is sworn his oath is that he shall be a loyal and faithfull man to the King And this sute is not for the Land that he holdeth within the County but by reason of his person and his abode there and ought to be done twice a year for default whereof he shall be amerced and not distrained I think this should be called ratherregal or royal because it is performed to the King for royal The French word in the usual pronuntiation commeth near to real the letter o being almost suppressed See Leet Suyte service is to sue to the Sheriff Turn or Leet or to the Lords Court from three weeks to three weeks by the whole year And for default thereof a man shall be distrained and not amerced And this sute service is by reason of the tenure of a mans Land Then doth sute signifie the following of one in chase as fresh sute West 1. cap. 46. a. 3 Edw. 1. Lastly it signifieth a Petition made to the Prince or great personage Suyte of the Kings peace secta pacis Regis anno 6 R. 2. stat 2. cap. pri anno 21 ejnsdem cap. 15. anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace by treasons insurrections rebellions or trespasses Summoneas is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Register Judicial Summoner summonitor signifieth one used to call or cite a man to any Court. These by the Common law ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes qued sint coram talibus Justiciarits ad certos diem â—locum secundum mandatum Justiciariorum Vicecomiti directum parati inde facere recognitionem lib. 4. cap. 5. § Et cum Summons summonitio see Summons Common Summons Marlb cap. 18. anno 52 Hen. 3. it l. Summons in terra petita Kitch fol. 286. is that Summons which is made upon the Land which the party at whose sute the summons is sent forth seeketh to have Summons ad warrantizandum Dyer fol. 69. nu 3â— Sumage Sumagium seemeth to be toll for carriage on horse-back Crompton Jurisd fol. 191. For where the Charter of the Forest cap. 14. hath these words for a horse that beareth loads every half year a half penny the Book called Pupilla oculi useth these words pro uno equo portante summagium per dimidium annum obolum It is otherwise called a Seam And a Seam in the Western parts is a Horse-load Superoneratione pasturae is a writ Iudicial that lyeth against him who is impleaded in the County for the over-burthening of a Common with his cattell in case where he is formerly impleaded for it in the County and the cause is removed into the Kings Court at Westm Supersedeas is a writ which lyeth in divers and sundry cases as appeareth by the Table of the Register original and the Iudicial also and by Fitzh nat bre fol. 226. and many other places noted in the Index of his Book verbo Snpersedeas But it signifieth in them all a command or request to stay or forbear the doing of that which in apparence of Law were to be done were it not for the cause whereupon the Writ is granted For example a man regularly is to have surety of peace against him of whom he will sweat that he is asraid and the Iustice required hereunto cannot deny him Yet if the party be formerly bound to the peace either in Chancery or elsewhere this writ lyeth to stay the lustice from doing that which otherwise he might not deny Super statutum Edward 3. vers servants and labourers is a writ that lyeth against him who keepeth my servants departed out of my service against Law Fitz. nat fol. 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupyeth vittelling either in grosse or by retail in a City or Borough Town during the time he is Major c. Fitz. nat brev fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in chief which alienateth the Kings Land without the Kings license Fitzh nat brev fol. 175. Super statuto facto pour Seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his Court of Freehold or for trespasse contracts not made within the Kings houshold Fitzherbert nat brev fol. 241. Super statuto de Articulis Cleri cap. 6. is a writ against the Sheriff or other Officer that distraineth in the Kings high-way or in the glebe Land antiently given to Rectories Fitz. nat brev
is an officer in Court so called because he hath the check and controllement of the yeomen of the Gard and all other ordinary yeomen or huissiers belonging either to his Majesty the Queen or Prince either giving leave or allowing their absences or defects in attendance or diminishing their wages for the same He also nightly by himself or Deputy taketh the view of those that are to watch in the Court and hath the setting of the watch This officer is mentioned anno 33 Henric. 8. cap. 12. Clerk Marshal of the Kings house seemeth to be an Officer that attendeth the Marshall in his Court and recordeth all his proceedings anno 33 Henr. 8. cap. 12. Clothe of Raye an 27 E. 3 stat 1. cap. 4. Closhe is an unlawful game forbidden by the the statute anno 17 E. 4. cap. 3. which is casting of a bowl at nine pinnes of wood or nine shank bones of an ox or horse Clove is the 32 part of a weigh of cheese i. eight pound anno 9 H. 6. cap. 8. Cloves caryophilli are a spice known by sight to every man They are flowers of a tree called caryophillus gathered and hardned by the Sun Of their nature you may read in Gerards Herbal lib. 3. cap. 144. This is comprised among such spices as be to be garbled an 1 Jacob. c. 19. CO Cocket cockettum is a seal appertaining to the Kings Custome-house Regist orig fol. 192 a. and also a scrow of parchment sealed and delivered by the officers of the Custome-house to Merchants as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist. ubi supr fol. 179 a. So is the word used anno 5 6 Edw. 6. cap. 14. an 14 Edw. 3. stat 1. c. 21. This word is also used for a distinction of bread in the statutes of bread and ale made anno 51 H. 3. where you have mention of bread coket wastelbread bread of trete and bread of Common wheat Coferer of the Kings houshold is a principal officer of his Majesties Court next under the controller that in the Counting-house and elsewhere at other times hath a special charge and oversight of other officers of the houshold for their good demeanour and carriage in their offices to all which one and other being either Sergeants Yeomen Grooms Pages or children of the kitchin or any other in any room of his Majesties servants of houshold and payeth their wages This officer is mentioned an 39 Eliz. cap. 7. Cogs anno 23 H. 8. cap. 18. Conisor of a fine is he that passeth or acknowledgeth a fine in Lands or Tenements to another Cognisee is he to whom the fine is acknowledged West parte 2. symbol tit Fines sect 2. Cognizance cometh from the French cognisance id est intelligentia intellectus notio cognitio with us it is used diversly sometime signifying a badge of a serving-mans sleeve whereby he is discerned to belong to this or that Noble or Gentleman sometime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3.20 32. cognoscere se ad villanum Idem lib. 4. tract 3. cap. 16. As also to make cognisance of taking a distresse sometime as an audience or hearing of a matter judicially as to take cognisance sometime a power or jurisdiction as cognisance of plee is an ability to call a cause or plee out of another Court which no man can do but the King except he can shew Charters for it Manwood parte 1. of his Forest laws pag. 68. See the new Termes of the Law and the new book of Entries verbo Conusance Cognatione see Cosenage Cognisour see Conisour Cognitionibus mittendis is a Writ to a Justice or other that hath power to take a Fine who having taken acknowledgement of a Fine deferreth to certifie it into the Court of Common plees commanding him to certifie it Reg. orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin id est Angulus which probably verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered and not round Of this Lawyers substantive cuna commeth the Lawyers verb cunare i. to coyn Cromtons Justice of peace fol. 220. Coliander seed or rather coriander seed Semen coriandri is the seed of an hearb so called medicinable and wholesome for divers goo◠purposes which see in Gerards Herbal l. 2. cap. 379. It is numbered among the drugges that be to be garbled an 1 Jacob. cap. 19. Collaterall collateralis commeth of the Latine Laterale id est that which hangeth by the side Lateralia viatoria π. de lega fidelium tertio l. 102. seem to signifie a budget or cap-case to hang by a saddel pomel Collaterall is used in the Common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made over and beside the deed it self For example if a man covenant with another and enter bond for the performance of his covenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the covenant And Crompt Jurisd fol. 185. sayeth that to be subject to the fee ding of the Kings Deer is collaterall to the spoyl within the Forest in the like manner may we say That the liberty to pitch booths or standings for a Fair in another mans ground is collaterall to the ground The private woods of a Common person within a Forest may not bee cut without the Kings licence For it is a prerogative collaterall to to the soil Manwood parte 1. of his Forest laws p. 66. Collaterall warranty see Warranty Collation of benefice collatio beneficii signifieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage and differeth from Institution in this for that institution into a benefice is performed by the Bishop at the motion or presentation of another who is patron of the same or hath the Patrons right for the time Extra de institutionibus De concessione praebendarum c. And yet is collation used for presentation anno 25 Edw. 3. stat 6. Collatione fact a uni post mortem alterius c. is a writ directed to the Justices of the Common Plees commanding them to direct their writ to a Bishop for the admitting of a Clerk in the place of another presented by the King that during the sute between the King and the Bishops Clerk is departed For judgment once passed for the Kings Clerk and he dying before he be admitted the king may bestow his presentation upon another Regist orig fol. 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk Register orig fol. 303 308. Colour color signifieth in the Common law a probable plee but in truth
Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the transcript of this is called the Court-roll the copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
but what observations he must use in his hunting see him pag. 180 181 186. See him likewise parte 2. ca. 20. num 5 8 9 c. See Purlieu Purpresture See Pourpresture Pursey anno 43 Eliz. cap. 10. Purswivant See Poursuivant Purveyours See Pourveyours Pyker aliàs Pycar a kind of ship anno 31 Edw. 3. stat 2. cap. 2. Q QUadragesima is the first Sunday in Lent so called as I take it because it is the fourtieth day before Easter The sunday before that is Quinquagesima the second before Sexagesima the third septuagesima Quae plura is a writ that lyeth where an inquisition hath been made by an Escheator in any county of such Lands or Tenements as any man dyed seised of and all that was in his possession be not thought to be found by the office The form whereof see in the Register original fol. 293. and in Fitz. nat br fol. 255. It differeth from the writ called melius inquirendo as Fitzh there sayth because this is granted where the Escheator formerly proceeded by vertue of his office and the other where he found the first office by vertue of the writ called Diem clausit extremum See the new Book of Entries verbo Quae plura Querens non invenit plegium is a return made by the Sheriff upon a writ directed unto him with this condition inserted Si A. fecsrit B. securum de loquela sua prosequenda c. Fitzherbert Nat. brev fol. 38. o. Quae servitia is a Writ See per quae servitia Quale jus is a writ judicial that lyeth where a man of religion hath judgement to recover Land before execution be made of the judgement for this writ must between Iudgement and execution go forth to the Escheator to enquire whether the religious person hath right to recover or the judgement is obtained by collusion between the Demandant and the Tenant to the intent that the true Lord be not defrauded See Westm 2. Cam. 32. Cum Viri religiosi c. The form of this writ you may have in the Register judicial fol. 8 16 17 et 46. And in the Old nat br fol. 161. See the new book of Entries verbo Quale jus Quare ejecit infra terminum is a writ that lyeth for a Leassee in case where he is cast out of his Ferm before his term be expired against the Feoffee or leassour that ejecteth him And it differeth from the Ejectione firma because this lyeth where the leassor after the lease made infeoffeth another which ejecteth the leassee And the Ejectione firma lyeth against any other stranger that ejecteth him The effect of both is all one and that is to recover the residue of the term See Fitzh nat brev fo 197. See the Register original fol. 227. And the new book of Entries verbo Quare ejecit infra terminum Quare impedit is a writ that lyeth for him who hath purchased a mannor with an advowsen thereunto belonging against him that disturbeth him in the right of his advowsen by presenting a Clerk thereunto when the Church is void And it differeth from the writ called Assisa ultimae praesentationis because that lyeth where a man or his Ancestors formerly presented and this for him that is the purchasor himself See the Expositour of the terms of the Law and Old nat brev fol. 27. Bracton lib. 4. tractat 2. cap. 6. Britton ca. 92. and Fitzh nat br fol. 32. and the Register original fol. 30. where it is said That a Quare impedit is of a higher nature than Assisa ultimae praesentationis because it supposeth both a possession and a right See at large the new Book of Entries verbo Quare impedit Quare incumbravit is a writ that lyeth against the Bishop which within six months after the vacation of a Benefice conferreth it upon his Clerk whilest two others be contending in law for the right of presenting Exposition of the Terms of Law Old nat br fol. 30. and Fitzh nat br fol. 48. Regist origin fo 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his Tenant being his Ward that after covenable mariage offered him marieth another and entreth neverthelesse upon his Land without agreement first made with his Lord and Gardian Terms of the Law Quare non permittie is a writ that lyeth for one that hath right to present for a turn against the Proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the Law of England to the widow of a landed man deceased whereby she may challenge to continue in his capital messuage or chief Mansion house by the space of forty daies after his decease Of this see Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the writ De Quarentina habenda Fitzh nat brev fo 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriveth this word from the French quaresme Who also have this custome called lo quaeresme des refues granted to widows after the decease of their husband as he proveth out of Papon in his Arests lib. 15 titulo des dots cap. 7. and li. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentina habenda is a writ that lyeth for a widow to enjoy her Quarentine Register original fo 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clark that hath recovered in a plee of advowsen The further use whereof see in Fitz. nat br fo 47. and Register origin fo 32. See the new book of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who having a servitude to passe through his Neighbours ground cannot enjoy his right for that the owner hath so strengthned it Fleta li. 4. cap. 26 sect Item si minus Quarter Sessions is a Court held by the Iustices of Peace in every County once every quarter The jurisdiction whereof how far it exceedeth is to be learned out of M. Lamberts Eirenarcha Sir Thomas Smith de republ Angl. li. 2. cap. 19. But to these you may adde the late Statutes of the Realm for their power daily encreaseth Originally it seemeth to have been erected only for matters touching the peace But in these days it extendeth much further That these Sessions should be held quarterly was first of all ordained so far as I can learn by the statute anno 25 E. 3. statut 1. cap. 8. Of this read Lamberts Eirenarcha the fourth book throughout where he setteth them out both learnedly and at large Quash quassare commeth of the French quasser i. quassare conquassare It signifieth in our Common Law to overthrow Bracton lib. 5 tractat 2. cap. 3. nu 4. Quecbord anno 17 Ed. 4. ca. 2. Que est mesme
signifieth in our Common law even the same as the repeal of a Statute Rastal titulo Repeal Brook useth Repellance in this signification titulo Rapellance Repleader Replacitare is to plead again that which was once pleaded before Rastal titulo Repleader See the new Book of Entries verbo Repleader Replegiare See Replevie See Second deliverance Replevie Plevina is the bringing of the writ called Replegiari facias by him that hath his Cattell or other Goods distreined by another for any cause and putting in surety to the Shyreeve that upon the delivery of the thing distreined he will persue the action against him that distreined Terms of Law See Replegiare It is used also for the bayling of a man pl. cor f. 72 73 74. West pri cap. 11. cap. 15. anno 3 Ed. 1. Replegiare de averiis is a writ brought by one whose Cattell be distreined or put in pound upon any cause by another upon surety given to the Shyreeve to persue the action in law anno 7 H. 8. cap. 4. Fitz. nat br fol. 68. See the Register original of divers sorts of this writ called Replegiare in the Table verbo codem See also the Register judicial fol. 58. 70. See also the new book of Entries verbo Replevin See Dyer fol. 173. un 14. Replevish replegiare is to let one to mainprise upon surety Anno 3 Edw. 1. cap. 11. Replication replicatio is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant West parte 2. symbol titulo Chancery sect 55. West 2. anno 13 Ed. pri cap. 36. This is borrowed from the Civilians De replicationibus li. 4. Institutio titulo 14. Report reportus is in our Common law a relation or repetition of a Case debated or argued which is sometime made to the Court upon reference from the Court to the Reporter sometime to the world voluntarily as Ploydens reports and such like Reposition of the Forest was an act whereby certain Forest grounds being made purlieu upon view were by a second view laid to the Forest again Manwood parte pri pag. 178. Reprisells reprisalia are all one in the Common and Civil law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis Vocabucarius utriusque juris This among the ancient Romanes was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the Statute anno 27 Ed. 3. stat 2. cap. 17. Law of Marque of the German word March i. terminus limes And the reason may be because one destitute of Justice in another territory redresseth himself by the goods belonging to men of that territorie taken within his own bounds Requests Supplicum libelli Curia Requistionum is a Court of the same nature with the Chauncery redressing by equity the wrongs that poor men do suffer at their hand whose might they are not able to withstand either in Law or otherwise It took beginning as some men think by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed between the Prince and Petitioners by direction from the mouth of the King Guins Preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to plead his right in a cause for merly commenced between other two See the new book of Entries verbo Resceit V. Aide prier The Civilians call this admissionem tertii pro suo interesse Of this you have one example in the terms of Law viz. if Tenant for term of life or Tenant for term of years bring an action he in the reversion commeth in and prayeth to be received to defend the land and to plead with the Demandant Many more you may have in Brook titulo Resceit fol. 205. See Perkins Dower 448. Receit is also applyed to an admittance of plee though the controversie be between two only Brook estoppel in many places Resceyt of homage is a relative to doing homage for as the Tenant who oweth homage doth it at his admission to the land so the Lord receiveth it Kitchin fol. 148. See Homage Rescous Rescussus cometh of the French Rescourre se Rescourre du danger i. asserere se ab injuria It signifieth in our common Law a resistance against a lawful authority as for example if a Bayliff or other Officer upon a Writ do arrest a man and another upon a Writ do arrest a man and another one or more by violence do take him away or procure his escape this act is called a Rescus Cassanaeus in his book de consuctud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations doe use this word in the same signification that we doe or the very like It is also used for a Writ which lyeth for this act called in our Lawyers Latine Breve de rescussu whereof you may see both the form and use in Fitz. nat bre fol. 101. and the Register original fol. 125. See the new book of Entries vâ—rbo rescous This rescous in some cases is treason and in some felony Crompton Justice fol. 54. b. Reseiser reseisire is a taking again of lands into the Kings hands whereof a general livery or â—â—ster le main was formerly missused by any person or persons and not according to form and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir is residere and signifieth a mans aboad or continuance in a place Old nat br fol. 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custom of speech tyeth that only to persons ecclesiastical Reservation signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him or them or the Lord Paramont Perkins reservations per cotum Residence residentia cometh of the Latin residere and is peculiarly used both in the Canon and common Law for the continuance or aboad of a Parson or Vicar upon his benefice The default whereof except the party be qualified and dispensed with is the losse of ten pounds for every month anno 28 Henr. 8. cap. 13. Resignation resignittiò is used particularly for the giving up of a Benefice into the hands of the Ordinary otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by use more restreined to the yeelding up of a spiritual living into the hands of the Ordinary and Surrender to the giving up of temporal Lands into the hands of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he
one Tales either upon default or challenge though he may have another yet he may not have the later to contain so many as the former for the first Tales must be under the principal pannel except in a cause of Appeal and so every Tales lesse than other untill the number be made up of men present in Court and such as are without exception to the partie or parties Of this see Stawnford more at large ubi supra where you may find some exceptions to this general rule These commonly called Tales may in some sort and ineded are called Meliores viz. when the whole Iury is challenged as appearcth by Brook titulo Octo tales et auter tales fol. 105. In whom you may likewise read many cases touching this matter Tales is a proper name of a book in the Kings bench office Cook lib. 4. fol. 93. b. Tallage See Taylage Talshide See Talwood Talwood vide anno 34 et 35 Henrici octavi capit 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem It is a long kind of shide riven out of the tree which shortned is made into billets Tartaron anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6. Tasels anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and Cloath Workers in the dressing of Cloath Taske aliâs Taxe by M. Camden following the authority of Doctor Powell whom he greatly commendeth for his diligence in the search of Antiquities is a British word signifying tribute Camden Britan pag. 304. And it seemeth it is such a kind of tribute as being certainly rated upon every Town was wont to be yearly paid See Gild and the places there cited out of Master Cambden Now it is not paid but by consent given in Parliament as the Subsidie is And it differeth from Subsidy in this that it is alway certain accordingly as it is set down in the Chequer book and levyed in general of every Town and not particularly of every man Lastly it is a fifteenth of that substance that every Town was first rated at by the number of Hides of Land in the same Whereupon it is also called a fisteenth vide anno 14 Edw. 3. statut 1. cap. 20. For whereas Master Crompton in his jurisdiction fol. saith that it is levied sometime by goods as well as by Lands as also appeareth by the Statute anno 9 Hen. 4. cap. 7. I take his meaning there to bee that though the task in the whole were at the first by the Prince proportioned by the land Yet the Townes men among themsel ves to make upthat sum are at these dayes sometimes valued by goods See Fifteenth It seemeth that in antient times this task was imposed by the King at his pleasure but Edward the first anno 25. of his reign bound himself and his succesiors from that time forward not to levy it but by the consent of the Realm anno 25 Ed. pri cap. 5. The word Task may be thought to proceed from the French Taux aliâs Taxe i. aestimatio pretium for we call it also Taxe but over curiously to contend in these derivations may seem frivolous considering that many words are common to divers peoples TE Telonium or Breve essendi quietum de Telonio is a writ lying for the Citizens of any City or Bourgesses of any Town that have a Charter or prescription to free them from Toll against the Officers of any Town or Market constraining them to pay Toll of their Merchandise contrary to their said grant or prescription Fitzb. nat br fol. 226. Hotoman lib. 2. commentariorum in feuda cap. 56. vers Vectigalia hath these words Telonia autem dicuntur publicano rum stationes in quibus vectag alia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod proponitum aut riparum munitione penditur et plenumque à principibus solius exactionis causa imperatur Team aliàs Theam is an old Saxon word signifying a Royalty granted by the Kings Charter to a Lord of a Manor Bracton lib. 3. tract 2. cap. 8. of this Saint Edwards laws nu 25. say thus Quod si quisquam aliquid interciet idest penes alium defend it super aliquem et intercitatus non poterit warantum suum habere erit forisfactura sua et Justicia similiter de calumnintore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to have servants and slaves which are called nativi bondi villani and all Baronies infeoffed with Theme have the same power For unto them all their bondmen their children goods and cattels properly appertain so to that they may dispose of them at their pleasure And in some old authentike books it is written Theme est potestas habendi nativos ita quod generationes villanorum vestrorum cum eorum catallis ubicumque inveniantur ad vos pertineant Theme commeth from Than 1. servus and therefore sometime signifieth the bondmen and slaves according to an old statute and law De Curia de Theme Quod si quis teneat curiam de Theme et illa querela in illa curia movetur ad quam Theme vocatur non debet illa curia clongari sed ibidem determinari et omnes Theme the compareant Which is understood of the question of liberty when it is in doubt whether any person be a bondman or free man Which kind of proces should not be delayed but summarily decided And the new Expositor of law terms speaketh to the like effect verbo Them I read it also in an old paper written by an Exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort there be four in number And their office is to receive all monies due to the King and to give to the Clerk of the Pell a bill to charge him therewith They also pay to all persons any money payable unto them by the King by warrant from the Auditor of the receipt They also make weekly and yearly books both of their receipts and Payments which they deliver to the Lord Treasurer Templers Templarii See Knights of the Temple These whilest they flourished here in England which seemeth to be all that time between Henry the seconds dayes untill they were suppressed had in every nation a particular Governour whom Bract. calleth Magistrum militiae Templi lib. 1. c. 10. Of these read M. Camden in his Br. p 320. See Hospitalers Temporalt es of Bishops Temporalia Episcoporum be such revenues lands and tenements as Bishops have had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parliament See Spiritualties of Bishops Tend seemeth to signifie as much as to endeavour or offer or shew forth to tend the Estate of the party of the Demandant Old nat br fol. 123. b. to tend to
THE INTERPRETER OR BOOK CONTAINING The signification of WORDS Wherein is set forth the true meaning of all or the most part of such words and terms as are mentioned in the Law-Writers or Statutes of this victorious and renowned Kingdom requiring any Exposition or Interpretation A Work not only profitable but necessary for such as desire throughly to be instructed in the knowledge of our Laws Statutes or other Antiquities Collected by JOHN COWELL Doctor sometime the Kings Majesties Professor of the Civil Law in the University of Cambridge In Legum obscuritate captio LONDON Printed by F. Leach and are to be sold by Hen. Twyford Tho. Dring and Io. Place 1658. To his Reverend Father in GOD his especial good Lord THE LORD ARCHBISHOP OF CANTERBVRY Primate and Metropolitan of England and one of his MAJESTIES most Honourable Privie Councel AFter long deliberation I hardly induced my self to crave your gracious protection towards this simple work valuing it at so low a price as I think it hardly worth the respect of any grave man much lesse the favourable aspect of so honourable a personage Yet the remembrance of those your Fatherly provocations whereby at my coming to your Grace from the University you first put me upon these studies at the last by a kind of necessity inforced me to this attempt because I could not see how well to avoid it but by adventuring the hatefull note of unthankfulness For I cannot without dissimulation but confesse my self perswaded that this poor Pamphlet may prove profitable to the young Students of both Laws to whose advancement that way I have of late addicted mine endeavours else were I more than mad to offer it to the world and to offer it without mention of him that by occasioning of this good more or less deserveth the prime thanks were to prove my self unworthy of so grave advice And therefore howsoever I account this too much boldness in respect of the subject yet could I be exceedingly glad it might please your Grace to ascribe mine intention to the integrity of my duty For he that meaneth truly well and cannot perform much must needs rejoyce at the good acceptance of that little which he performeth All I crave for this at your Graces hands is patience and pardon for this enterprise with the continuance of those your many favours that hitherto to my great comfort I have enjoyed And so my long observation of your judicious disposition having taught me what small delight you take in affected complements and verbal commendation without more words In all true humblenesse I beseech the Almighty long to continue your Grace in health and prosperity to his glory and the good of his Church Your Graces at all Commandement JO. COWELL To the Readers GENTLE Readers I here offer my self to your censures with no other desire than by you to be admonished of my faults For though I doe professe the amplifying of their works that have gone before me in this kind and have both gathered at home and brought from abroad some ornaments for their better imbellishing of our English Laws yet am I neither so vain as to deny my imperfections nor so passionate as to be offended at your charitable reformations Nay my true end is the advancement of knowledge and therefore have published this poor work not only to impart the good thereof to those young ones that want it but also to draw from the learned the supply of my defects and so by degrees if not my self to finish this model yet at least by the heat of emulation to incense some skilfuller Architect thereunto Yea I shall think my pains sufficiently recompensed if they may be found but worthy to stir up one learned man to amend mine errors The Civilians of other Nations have by their mutual industries raised this kind of work in their profession to an unexpected excellency I have seen many of them that have bestowed very profitable and commendable pains therein And Lastly one Calvinus a Doctor at Heidelberge like a laborious Bee hath gathered from all the former the best juyce of their flowers and made up a hive full of delectable honie And by this example would I gladly incite the learned in our Common Laws and Antiquities of England yet to lend their advice to the gaining of some comfortable lights and prospects towards the beautifying of this antient Palace that hitherto hath been accounted howsoever substantial yet but dark and melancholy Whosoever will charge these my travels with many oversights he shall need no solemn pains to prove them for I will easily confesse them And upon my view taken of this Book sithence the Impression I dare assure them that shall observe most faults therein that I by gleaning after him will gather as many omitted by him as he shall shew committed by me But I learned long sithence out of famous Tully That as no mans errors ought to be followed because he saith some things well so that which a man saith well is not to be rejected because he hath some errors No man no Book is void of imperfections And therefore reprehend who will in Gods name that is with sweetnesse and without reproach So shall he reap hearty thanks at my hands and by true imitation of the most indicious that ever wrote more soundly help on this point of learning to perfection in a few months than I by tossing and tumbling my books at home could possibly have done in many years Experience hath taught me this in my Institutes lately set forth by publishing whereof I have gained the judicious observations of diverse learned Gentlemen upon them which by keeping them private I could never have procured By which means I hope one day to commend them to you again in a more exact purity and so leave them to future times for such acceptance as it shall please God to give them I have is some Towardnesse a Tract De Regulis Juris wherein my intent is by collating the cases of both Laws to shew that they both be raised of one foundation and differ more in language and terms than in substance and therefore were they reduced to one method as they easily might to be attained in a manner with all one pains But my time imparted to these studies being but stoln from mine employments of greater necessity I cannot make the hast I desire or perhaps that the discourse may deserve Wherefore untill my leisure may serve to perform that I intreat you lovingly to accept this One thing I have done in this Book whereof because it may seem strange to some I think to yeeld my reason and that is the inserting not only of words belonging to the art of the Law but of any other also that I thought obscure of what sort soever as Fish Cloath Stices Druggs Furrs and such like For in this I follow the example of our Civilians that have thought it their part to expound any thing they could meet with in
the name I take to be this because that whereas Parsons ordinarily be not accounted domini but usufructuarii having no right of fee simple Littleton titu Discontinuance these by reason of their perpetuity are accounted owners of the fee simple and therefore are called proprietarii And before the time of Richard the second it was lawfull as it seemeth simply at the least by mans law to appropriate the whole fruits of a benefice to an Abbey or Priory they finding one to serve the cure But that King made so evill a thing more tolerable by a Law whereby he ordained that in every licence of appropriation made in Chancery it should expresly be contained that the Diocesan of the place should provide a convenient sum of mony yearly to be paid out of the fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed anno 15 R. 2 c. 6. Touching the first institution and other things worth the learning about Appropriations read Plowden in Grendons Case fo 496. b. seq as also the new terms of Law verbo Appropriation To an appropriation after the Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full but if the Church be void the Diocesan and the Patron upon the Kings license may conclude it Plowden ubi supra To dissolve an appropriation it is enough to present a Clerk to the Bishop For that once done the benefice returneth to the former nature Fitz. nat br fol. 35. E. Approvour approbatur commeth of the French approuver i. approbare comprobare calculum albo adjicere It signifieth in our Common law one that confessing felony of himself appealeth or accuseth another one or more to be guilty of the same he is called so because he must prove that which he hath alleged in his appeal Stawnf pl. cor fo 142. And that proof is by battel or by the Country at his election that appealed The form of this accusation you may in part gather by M. Cromptons Justice of Peace fo 250 251. that it is done before the Coroner either assigned unto the felon by the Court to take and record what he saith or els called by the felon himself and required for the good of the Prince and Commonwealth to record that which he saith c. The oath of the Approver when he beginneth the combat see also in Crompton in the very last page of his book as also the Proclamation by the Herald Of the antiquity of this Law you may read something in Horns mirror of Justices lt 1. in fine cap. del Office del Coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approvers of the King Appruatores Regis be such as have the letting of the Kings demesnes in small Mannors to the Kings best advantage anno 51. H. 3. Stat. 5. See Approve Approve appruare commeth of the French approver i. approbare comprobare caleulum albo adjicere it signifieth in the Common law to augment or as it were to examine to the uttermost For example to approve land is to make the best benefit thereof by increasing the rent c. So is the Substantive Approvement used in Cromptons Jurisd fol. 153. for the profits themselves So is it likewise in the Statute of Merton ca. 4. anno 2. H. 3. land newly approved Old nat br fol. 79. So the Sheriffs called themselves the Kings approvers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the Kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approvers But anno 2. Ed. 3. cap. 12. Approvers be certain men especially sent into leveral Counties of the Realm to increase the Farms of Hundreds and Wapentakes which formerly were set at a certain rate to the Sheriffs who likewise demised them to others the County-Court excepted Approvement appruamentum see Approve See the Register judicial fol. 8. br 9 a. See the New terms of Law verbo Approvement AR Arbitratour arbiter may be taken to proceed from either the Latine arbitrator or the French arbitre it signifieth an extraordinary Judge in one or moe Causes between party and party chosen by their mutual consents West parte 2. Symbol titulo Compromise Sect. 21. who likewise divideth arbitrement into general that is including all actions quarrels executions and demands and special which is of one or more matters facts or things specified codem sect 2 3 4. The Civilians make 2 difference between arbitrum arbitratorem li. 76. π. pro socio For though they both ground their power upon the compromise of the parties yet their liberty is divers For arbiter is tyed to proceed and judge according to Law with equity mingled arbitrator is permitted wholly to his own discretion without solemnity of process or course of Judgement to hear or determine the controversie committed unto him so it be juxta arbitrium bont viri Arches court Curia de arcubus is the chief and antientest Consistory that belongeth to the Archbishop of Canterbury for the debating of Spiritual causes and so is called of the Church in London dedicated to the blessed Virgin commonly called Bow-Church where it is kept And the Church is called Bow-Church of the fashion of the Steeple or clocher thereof whose top is raised of stone Pillars builded Arch-wise like so many bent bows The Judge of this Court is termed the Dean of the Arches or the Official of the Arches Court Dean of the Arches because with this officialty is commonly joined a peculiar Jurisdiction of thirteen Parishes in Londor termed a Deanrie being exempted from the authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court is there kept Some others say that he was first called Dean of the Arches because the official to the Archbishop being many times imployed abroad in Ambassages for the King and Realm the Dean of the Arches was his Substitute in his Court and by that means the names became confounded The jurisdiction of this Judge is ordinary and extendeth it self thorow the whole Province of Canterbnry So that upon any Appeal made he forthwith and without any further examination of the Cause sendeth out his Citation to the party appealed and his inhibition to the Judge from whom the Appeal is made Of this he that will may read more in the book intituled De antiquitate Ecclesiae Britan. historiae Arma moluta seem to be sharp weapons that do cut and not blunt that do only break or bruise Bract. lib. 3. tract 2. cap. 23. Stawnf pl. cor fo 78 79 whereof Bracton bath these words arma moluta plagam faciunt sicut gladius hisacuta
que lieu is interponere judicium suum Of this Verb commeth the Participle assis as estre assis i. sedere And this Participle in the grand Customary of Normandy c. 68. is used as we would say appointed limited or determined viz. au jour qui est assis à faire la battaille se doibuent les champions offrir à la justice That is At the day which is appointed for the combat the Champions ought to offer themselves to the Iustice So that by all these places compared together it is evident whence the original of this word assise floweth How diversly it is used in our Common law it followeth that we declare First Littleton in the Chapter Rents saith that it is aequivocum where he setteth down three several significations of it one as it is taken for a Writ another as it is used for a Iury the third as for an Ordinance And him he that listeth may read more at large My Collections have served me thus first assise is taken for a Writ directed to a Sheriff for the recovery of possession of things immoveable where of your self or your Ancestors have been disseised And this is as well of things corporal as incorporeal rights being of four sorts as here they follow in their order Assise of novel disseisin assisanovae disseisinae lyeth where a Tenent in fee-simple fee-tail or for term of life is lately disseised of his Lands or Tenements or else of a Rent-service Rent-seck or Rent-charge of common of Pasture of an office of toll tronage passage pownage or for a Nusance levied and divers other such like For confirmation whereof you may read Glanvile li. 10. c. 2. Bracton li. 4. tract 1. per totum Britton c. 70. seq Reg orig fol. 197. Fitz. Nat. br fo 177 178 179. New book of Entries fo 74. col 3. West 2. c 25. anno 13 Ed. 1. And to this may aptly be added the Bill of fresh force friscae fortiae which is directed to the Officers or Magistrates of Cities or Towns corporate being a kind of Assise for recovery of possession in such places within forty daies after the force as the ordinary Assise is in the County Fitzh Nat. br fol. 7. c. This the Civilians call Judicium possessorium recuperandi Assise of mort d'auncester assisa mortis antecessoris lyeth where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a Stranger abateth and it is good as well against the Abatour as any other in possession How likewise this is extended see Bracton lib. 4. trast 3. per totum Britton ca. 70. cum multis sequent Fitzh Nat. br fo 114. Regist. orig fo 223. This the Civilians call Judicium possessorium adipiscendâ— Assise of darrein presentment assisa ultimae praesentationis lyeth where I or mine Ancestor have presented a Clark to a Church and after the Church being void by the death of the said Clark or otherwise a Stranger presenteth his Clark to the same Church in disturbance of me And how otherwise this Writ is used see Bracton l. 4. tract 2. Reg. orig fo 30. Fitzh Nat. br fo 195. Assise de utrum assisa utrum lyeth for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tenement doubtfull whether it be lay-fee or free-alms And of this see Bracton li. 4. sract 5. ca. 1. seq Britton ca. 95. The reason why these Writs be called assises may be divers First because they settle the possession and so an outward right in him that obtaineth by them Secondly they were originally sped and executed at a certain time and place formerly appointed For by the Norman law the time and place must be known forty days before the Iustices sate of them and by our Law there must be likewise fifteen daies of preparation except they be tryed in those standing Courts of the King in Westminster as appeareth by F. N. B. fo 177. d e. Lastly they may be called Assises because they are tryed most commonly by especial Courts set and appointed for the purpose as may be well proved not only out of the Customary of Normandy but our books also which shew that in antient times Iustices were appointed by special Commission to dispatch controversies of possession one or more in this or that only County as occasion fell out or disseisins were offered and that as well in Term time as out of Term whereas of later daies we see that all these Commissions of Assises of Eyr of Oyer and Terminer of Gaol-delivery and of Nisi prius are dispatched all at one time by two several Circuits in the year out of term and by such as have the greatest sway of Iustice being all of them either the Kings ordinary Iustices of his Benches Sergeants at the Law or such like Assise in the second signification according to Littleton is used for a Jury For to use his own example it is set down in the beginning of the Record of an Assise of novel disseisin assisa venit recognatura which is as much as to say as Juratores venâ—unt recognituri The reason why the Iury is called an Assise he giveth to be this because by writ of Assise the Sheriff is commanded quod faciat duodecim liberos legales homines de viceneto c. Videre Tenementum illud nomina corum imbreviari quòd summoneat eos per bonas summonitiones quòd sint coram Justiciariis c. parati inde facere recognitionem c. This is as if he should have spoken shorter Metonymia effecti For they are called the Assises because they are summoned by vertue of the Writ so termed And yet the Iury summoned upon a Writ of right is likewise called the Assise as himself there confesseth Which writ of right is not an Assise but this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or abusively so termed Assise in this signication is divided in magnam parvam Glanvile li. 2. c. 6 7 c. and Britton c. 12. where it appeareth wherein the great Assise differeth from the petit Assise whom I wish to be read by those who would be further instructed in this point For this place thus much in short The former four kinds of Assises used in actions only possessory be called petit assises in respect of the grand Assise For the Law of fees is grounded upon two rights one of possession the other of property and as the grand Assise serveth for the right of property so the petit assise serveth for the right of possession Horns mirror of Justices l. 2. c. de novel disseisin Assise in the third signification according to Littleton is an Ordinance or Statute as the Statute of bread and ale made anno 51 H. 3. is termed the assise of bread and ale assisa panis cervisiae Register orig fol. 279. b. The Assise of Clarendon
take their bodies c. In which place an Attachment is plainly used for an apprehension of an Offender by his goods So that to conclude I find no difference between an Attachment and a Distress but these two That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the body if it be properly taken as an attachment doth Yet are they divers times confounded as may appear by the places formerly alleged and by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. seq Howbeit in the most common use an Attachment is an apprehension of a man by his Body to bring him to answer the action of the Plaintiff a Distress is the taking of another mans goods for some real cause as rent service or such like whereby to drive him to replevy and so to be Plaintiff in an action of Trespass against him that distreined him And so much for the difference and coherence of these words See also Distress I find in West parte 2. symbolaio titulo Proceedings in Chancery sect 22 23. that Attachment out of the Chancery is two-fold one simple and originally decreed for the apprehension of the party the other after return made by the Sheriff Quod defendens non est inventus in Baliva sua with Proclamations made through the whole County in such places as he shall think meet that the party appear by a day assigned and that he be attatched nevertheless if he may be found This second kind hath an affinity with the Canonists viis modis at the which if the Party appear not he is excommunicate or with the Civilians viis modisunà cum intimatione for in the Chancery if he come not upon this he is forthwith pressed with a Writ of rebellion There is an attachment of Privilege which is a power to apprehend a man in a privileged place or else by vertue of a mans privilege to call another to this or that Court whereunto he himself belongeth and in respect whereof he is privileged New book of Entries verbo Privilege fo 431. col 2. There is also a forein attachment which is an attachment of a Foreiners goods found within a Liberty or City to satisfie some Creditor of his within the City There is also an attachment of the Forest which is a Court there held For as M. Manwood saith in his first Book of forest Laws pag. 90 62 99. there be three Courts of the Forest where the lowest is called the attachment the mean the swaynemote the highest the Justice seat in Eyr This Court of attachment seemeth so to be called because the Verderours of the Forest have therein no other authority but to receive the attachments of Offendours against vert and venison taken by the rest of the Officers and to enroll them that they may be presented and punished at the next Justice-seat Manwood parte 1. pag. 93. And this attaching is by three means by Goods and Cattels by Body Pledges and Mainprise or by the body only The Court is kept every fortie daies throughout the year And he that hath occasion to learn more of this I refer him to M. Manwood loco quo supra and to M. Crompton in his Court of the Forest Attachment is commanded in Writs the diversitie whereof you may see in the Regist orig under the word Attachiamentum in Indice At large see Assise at large in the word Assise and Old nat br fol. 105. Verdict at large Littleton fo 98. To vouch at large Old nat br fol. 108. To make title at large Kitch f. 68. See Barre Attaine attincta commeth of the French as you shall see in the word attainted But as it is a Substantive it is used for a Writ that lyeth after Judgement against a Jury that hath given a false verdict in any Court of Record be the action real or personal if the debt or dammages surmount the sum of 40 s What the form of the Writ is and how in use it is extended Fitz. nat br f. 105. and the new Book of Enteries f. 84. colum 1. The reason why it is so called seemeth to be because the party that obtaineth it endeavoureth thereby to touch deprehend or stain the Jury with perjury by whose verdict he is grieved What the punishment of this perjury is or of him that bringeth the Writ against the Jury if he fail in his proof see Glanvil lib. 2. cap. 19. Fitz. nat br fol. 109. K. L. 110. A. B. C. D. c. the Terms of the Law verb. Attaint Fortescue cap. 26. Smith de rep Anglo lib. 3. cap. 2. and anno 11 H. 7. cap. 21. anno 23 H. 8. cap. 3. and others In what diversity of Cases this Writ is brought see the Register orig in Indice Attainted attinctus commeth of the French temdre i. tingere the Participle whereof is teinct i. tinctus or else of attaindre i. assequi attingere It is used in our Common law particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Howbeit a man is said to be attainted of Disseisin Westm 1. cap. 24 36. anno 3 Ed. 1. And so it is taken in French likewise as estre attaint vayncu en aucuncas is to be cast in any cafe Which maketh me to think that it rather commeth from attaindre as we would say in English catched overtaken or plainly deprehended And Britton cap. 75. useth the Participle attaint in the sence that we say attained unto A man is attainted by two means by Appearance or by Proces◠Stawnf pl. cor fol. 44. Attainder by Appearance is by confession by battel or by verdict idem fo 122. Confession whereof attaint groweth is double one at the Bar before the Judges when the Prisoner upon his endictment read being asked guilty or not guilty answereth guilty never putting himself upon the verdict of the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kind also of the effect is called attainder by abjuration Idem fol. 182. Attainder by battel is when the party appealed by another and chusing to try the truth by combat rather than by Jury is vanquished Idem fol. 44. Attainder by verdict is when the Prisoner at the bar answering to the endirement not guilty hath an enquest of life death passing upon him is by their verdict or doom pronounced guilty Idem fol. 108. 192. Attainder by Process otherwise called attain der by default or attainder by outlagary is where a Partie flyeth and is not found untill he have been 5 times called publickly in the County and at the last out-lawed upon his default Idem f. 44. Ifind by the same Author f. 108. that he maketh a difference between Attainder and Conviction in these words And note the diversity between Attainder and Conviction c. And with this
or fire Britton ca. 7. where you may see what it differeth from Miladventure See Misadventure Average averagium by M. Skenes opinion verbo arage de verborum significatione commeth of the word averia i. a beast and so consequently signifieth service which the Tenent oweth to the Lord by horse or carriage of horse I have heard others probably derive it from the French euvrage or euvre i. opus It seemeth with us to have two divers significations For the first Rastall titulo Exposition of words maketh mention of the Kings averages which I take to be the Kings cariages by horse or cart Then anno 32. H. 8. ca. 14. and anno 1. Jacobi ca. 32. it is used for a certain contribution that Merchants and others doe every man proportionably make toward their losses who have their goods cast into the sea for the safegard of the ship or of the goods and lives of them in the ship in time of a tempest And this contribution seemeth to be so called because it is proportioned after the rate of every mans average or goods caried Averiis captis in withernam is a writ for the taking of cattel to his use that hath his cattel taken unlawfully by another and driven out of the County where they were taken that hey cannot be replevied Register origin fol. 82. a. b. Averment verificatto commeth of the French averer i. testari as averer quelque meschancete i. extrahere scelus aliquod in lucem ex occultis tenebris It signifieth according to the Author of the terms of Law an offer of the Defendant to make good or to justifie an exception pleaded in abatement or barre of the Plaintiffs act But me thinketh it should rather signifie the act than the offer or justifying the exception by divers places where I find it used For example an 34. Ed. 1. stat 2. And the demandant will offer to aver by the assise or jury where to offer to aver and to aver must needs differ and again in the same statute and the demandant will offer to averr by the country c. thirdly in the English nat br fo 57. These errors shall be tried by averment c. Aver pennie quasi Average pennie is money contributed toward the Kings averages Rastal exposition of words See Average Augmentation augmentatio was the name of a Court erected the seven and twentieth year of Henry the 8. as appeareth by the 27. chapter of that years parliament And the end thereof was that the King might be justly dealt with touching the profit of such religious houses and their lands as were given unto him by act of Parliament the same year not printed For the dissolving of which court there was authority given to Queen Mary by the Parliament held the first year of her reign ses 2. cap. 10. which she afterward put in execution by her letters patents The name of the Court grew from this that the revenues of the Crown were augmented so much by the suppression of the said houses as the King reserved unto the Crown and neither gave nor sold away to others Aulne of Renesh wine a. 1. Ed. 6. cap. 13. alias Awme of Renish wine 1. Jaco ca. p 33. is a vessel that containeth forty gallons Aulnogeour See Alneger Ave is the name of a writ for the which see Ayle Awncell weight as I have been informed is a kind of weight with scoles hanging or hooks fastened at each end of a staff which a man lifteth up upon his fore-finger or hand and so discerneth the equality or difference between the weight and the thing weighed In which because there may and was wont to be great deceit it was forbidden anno 25 Edw. 3. stat 5. ca. 9. anno 34 ejusdem cap. 5. and the even ballance only commanded yet a man of good credit once certified mee that it is stil used in Leaden Hall at London among Butchers c. In the derivation of this word I dare not be over confident But it may probably be thought to be called awnsell weight quasi hand sale weight because it was and is performed by the hand as the other is by the beam And if I should draw i◠from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. cubitus the part of the arm from the elbow to the fingers ends I might challenge a good warrant of this from the Romans who thence derived their ancile i. the luckie shield that was said to be sent from heaven in a tempest to Numa Pompilius together with a voice that the citie of Rome should be the mightiest of all others so long as that shield remained in it Auncient demeasne antiquum dominicum is called more at large auncient demeasne of the King or of the Crown Fitz. nat br fol. 14. d. It commeth of two French words auncieu i. veter vetus veteranus antiquus and of demain alias domain i. publicum vectigal It signifieth in our Common law a certain tenure whereby all the mannors belonging to the Crown in the dayes of Saint Edward the Saxon King or of William the Conquerour did hold The number and names of which mannors as all other belonging to common persons he caused to be written into a book after a survey made of them now remaining in the Exchequer and called Domes-day book And those which by that book do appear to have belonged to the Crown at that time and are contained under the title Terraregis be called auncient demeasn Kitchin fol. 98. and M. Gwin in the Preface to his readings Of these Tenents there were two sorts one that held their land frankly by Charter and another that held by copie of Court-roll or by verge at the will of the Lord according to the custome of the mannor Fitz. nat br fol. 14. d. of which opinion also Britton is ca. 66. nu 8. The benefit of this tenure consisteth in these poines first the Tenents of a mannor holding freely by Charter in this sort cannot be impleaded out of the same mannor and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for all things concerning their sustenance and husbandry Thirdly they may not be impanelled upon any enquest Terms of the Law But more at large by Fitz. nat br f. 14. d. whom read also fo 128. a. c. And as it appeareth by him codem fol. 3. b c these Tenents held by the service of prowing the Kings land by plashing his hedges or by such like toward the maintenance of the Kings houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have writs to such as take the duties of Tolle in any market or fair as likewise for immunitie of portage passage and such like Fitzh natura brev fol. 228. a b c d. by which Authour also it appeareth That no lands be to be accounted Antient Demeasne but such as are holden in Socage fol. 13.
writ of errour be not suffered to remove his goods untill the errour be tried Register orig fo 131. b. Borow burgus vel burgum may either come from the French burg i. pagus or from the Saxon borhoe i. vadium pignus It signifieth here in England a corporate Town that is not a City anno 2 Ed. 3. ca. 3. namely all such as send Burgesses to the Parliament the number whereof you may see in M. Cromptons jurisd fo 24. It may probably be thought that it was antiently taken for those companies consisting often families which were combined to be one anothers pledge or borhoe See Bracton li. 3. tractat 2. a. 10. See Headborow and Borowhead and M. Lamberd in the duties of Constables pag. 8. Lynwood upon the provinciall ut singula de censibus speak to this effect Aliqui interpretantur burgum esse castrum vel locum ubi sunt crebra castra vel dicitur burgus ubisunt per limites habitacula plura constituta Butthen setting down his own opinion he defineth it thus Burgus dici potest villa quaecuâ—que alia à civitate in qua est universitas approba ta And that he provethout of the 11. book of Justinians Codex tit de fund rei privatae 65. l. 6. ejus tituli where burgus is termed corpus Some derive it from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i turris see M. Skene de verbo sign verbo Borghe The late author M. Verstegan in his restitution of decayed intelligences saith that burg or burgh wherof we say yet Borough or Bourrow metaphorically signifieth a Town having a wall or some kind of closure about it also a Castle All places that in old time had among our ancestors the name of Borrough were places one way or other fenced or fortified Bordlands signifie the demesnes that Lords keep in their hands to the maintenance of their bord or table Bract. li. 4. tractat 3. ca. 9. nu 5. Borrowhead aliâs Headborow capitalis plegius by M. Lamberds opinion in his treatise of Constables is made up of these two words borhoe i. pledge and head and signifieth a head or chief pledge And in explication of this and other Saxon words of this nature he maketh an excellent rehearsall of some antient customs of England during the reign of the Saxons which you may read This borowhead in short was the head or chief man of the Decurie or Borhoe that there he speaketh of chosen by the rest to speak and to doe in the name of the rest those things that concerned them See Boron-holders Borow-holders allâs Bursholders be quasi borhoe calders signifying the same officers that be called borow-heads Lamb. in the duties of Caustables Bracton calleth them Borghio Aldere li. 3. tractat 2. ca. 10. Borow english is a customary descent of lands or tenements whereby in all places where this custome holdeth lands and tenements descend to the youngest sonne or if the owner have no issue to his youngest brother as in Edmuntan Kitchin fa 102. And the reason of this custome as Lutleton saith is for that the youngest is tresumed in law to bee least able to shift for himself Barow goods divisable I find these words in the Statute of Acton Burnal anno 11 Edw. 1. statuto unico and dare not confidently set down the true meaning of them But as before the Statute of 32. 34. H. 8. no lands were divisable at the Common law but in antient baronies so perhaps at the making of the foresaid Statute of Acton burnel it was doubtfull whether goods were devisable but in antient borrowes For it seemeth by the writ de rationabili parte bonorum that antiently the goods of a man were partible between his wife and children Bote signifieth compensation Lamb. explication of Saxon words Thence commeth manbote aliâs monbote that is compensation or amends for a man slain which is bound to another For farther understanding whereof it is to be seen in K. Inas laws set out by M. Lamberd ca. 96. what rate was ordained for the expiation of this offence See Hedgebote Plowbote Howsebote and read M. Skene de verbo signif verbo Bote. Boeiler of the King pincerua regis anno 43 Ed. 3. ca. 3. is an officer that provideth the Kings wines who as Fleta li. 2. ca. 21. saith may by vertue of his office out of every ship loaden with sale wines unum dolium eligere in prora navis ad opus regis et aliud in puppi et pro qualibet pecia reddere tantùm 20. solid mercatori Si autem plura inde habere volucrit bene licebie dum tamen precium fide dignorum judicio pro rege apponatur Bow-bearer is an under-officer of the Forest as M. Crompton in his jurisdict fo 201. setteth down sworn to the true performance of his Office in these words I will true man be to the Master Forester of this Forest and to his lieutenent and in the absence of them I shall truely oversee and true inquisition make as well of swornmen as unsworn in every bayliwick both in the North bayl and South bayl of this Forest and of all manner of trespasses done either to vert or venison I shall truly endeavour my self to attach or cause them to be attached in the next court Attachment there to be presented without any concealment had to my knowledge So help me God c. BR Bracton otherwise called Henry of Bracton was a famous Lawyer of this land renowned for his knowledge both in the Common Civill laws as appeareth by his book every where extant He lived in the dayes of Henry the third Stawnf praero f. 5. b. and as some say Lord chief Justice of England Bread of treate and bread of coker anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broad This word Bracton useth li. 3. wact 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there find word for word it is as we now speak two long and two broad or two in length or two in brea th Brevibus rotulis liberandis is a writ or mandat to a Shyreeve to deliver unto the new Shyreeve chosen in his room the County with the appertinances together with the rols briefs remembrances and all other things belonging to that office Register orig fo 295. a. Bribours cometh of the French bribeur i. mendicus It seemeth to signifie with us one that pilfreth other mens goods anno 28 Ed. 2. stat 1. ca. unico Brief breve cometh from the French bref ou breif i. brevis and in our Common law siggnifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the King in writing issuing out of any Court whereby he commandeth any thing to be done for the furtherance of justice or good order The word is used in the Civil law sometime in the singular number and masculin gender
as l. ult Cod. de conveniendis fisci debitoribus l. 10. tit 2. you have these words Inter chartul as confiscati brevis quidam adseveratur inventus qui nomina continebat debitorum Where it it is used for a short note Again I find a title restored by Gothofred in the first book of the Code de quadrimenstruis brevibus Quadrimenstruâ— autem breves erant qui de singulis indictionum pensionibus quarto quoque mense solutis conficiebantur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorio retulisset c. And in the Authenticks Novel 105. cap. 2. you have this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Gothofred there noteth Where he noteth likewise out of Zonacas in Carthagin Concilio that this is a Greek word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breve Of these briefs see also Bracton l. 5. tract 5. c. 17. num 2. Breve quidem cùm sit formatum ad similitudinem regulae juris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula juris rem quae est breviter enarrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the French brigandine that is a coat of mail This is used anno 4. 5. Ph. Mar. cap. 2. Brigbote significat quietantiam reparationis pontium Fleta lib. 1. cap. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that lived in the dayes of K. Edward the first at whose commandement and by whose authority he writ a learned book of the law of this realm The tenure whereof runneth in the Kings name as if it had been penned by himself answerably to the institutions which Justinian assumeth to himself though composed by others Stawnf praero f. 6. 21. S. Eaward Coke saith that this Britton writ his book in the fiftieth year of the said Kings raign lib. 4. fol. 126. a. lib. 6. fo 67. a. M. Guin in the Preface to his reading mentioneth that this John Britton was Bishop of Hereford Broke commonly called S. Robert Broke was a great Lawyer and Lord chief Justice of the Common plees in Queen Maries time Cromptons Justice of peace f. 22. b. he made an abridgment of the whole law a book of high account Broker brocarius seemeth to come from the French broicur i. tritor that is a grinder or breaker into small pieces Because he that is of that trade to deal in matters of money and marchandise between English men and Strangers doth draw the bargain to particulars and the parties to conclusion not forgetting to grinde out something to his own profit These men be called broggers anno 10 R. 2. cap. 1. It may not improbably be said that this word cometh from brocarder i. cavallari because these kind of men by their deceitful speeches and abusing their true trade many times inveigle others In Scotland they be called broccarii and in their own idiome blockers or brockers that is mediators or intercessors in any transaction paction or contract as in buying or selling or in contracting mariage Skene de de verbo sig verbo broccarii He that will know what these brokers were wont and ought to be let him read the statute anno 1 Jacobi ca. 21. These in the Civil law are called proxeneti as also of some licitatores mediatores tit de proxeneticit in Digestis This kind of dealer is also of the Romanes called pararius Sencca l. 2. de benef ca. 22. Caelius Rhodoginus libro 6. c. 32. li. 3. cap. 15. Broderers cometh of the French brodeur and that cometh of bordure i fimbria limbus the edge or hemme of a garment And that because it is distinguished from the rest most commonly by some conceited or costly work he that worketh it is called brodeur in French and broderer or embroderer with us Brodehalpeny commeth of the three Saxon words bret or bred i. a boord and halve that is for this or that cause cujus rei gratia as the Latinists speak and penning it signifieth a tolle or custome for setting up of tables or boords in a Fair or Market From the which they that are freed by the Kings Charter had this word mentioned in their letters patents Insomuch as at this day the freedom it self for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatic It signifieth with us a tribute contribution or ayde toward the mending or reedifying of Briâ—ges whereof many are freed by the Kings Charter And thereupon the word is used for the very liberty or exemption from this tribute See Pontage and Brigbote BU Bull bulla seemeth to come from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polydorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the letters by the Canonists called Apostolick strengthened with a leaden seal and containing in them the decrees or commandments of the Pope or Bishop of Rome The word is used many times in our Statutes as anno 28 H. 8. cap. 16. anno 1. and 2. Ph. Ma. cap. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with us gold or silver in masse or billet anno 9 Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whither such gold in the lump is brought to be tryed or exchanged anno 27 Ed. 3. stat 2. cap. 14. anno 4 H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burgbote cometh of burg i. castellum and bote 1. compensatio and signifieth a tribute or contribution toward the building or repairing of Castles or walls of defence or toward the building of a Borrow or City From this divers had exemption by the ancient Charters of the Saxon Kings Whereupon it is taken ordinarily for the exemption or liberty it self Rastals expos of words Fleta hath these words of it Significat quietantiam reparationis murorum civitatis vel burgi lib. 1. c. 47. Burg English See Borow English Burgage burgagium is a tenure proper to Cities and Towns whereby men of Cities or Borows hold their lands or tenements of the King or other Lord for a certain yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. num 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our Common law thus defined Burglary is a felonious entring into another
mans dwelling-house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steal somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offendour be to steal this is like robberie if to murther it differeth not much from murther and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the natural signification of the word is nothing but the robbing of a house but as it is vox artis our Common Lawyers restrain it to robbing a house by night or breaking in with an intent to rob or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Justice of Peace fol. 28. b. and fol. 29 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings Butler by vertue of his office may take of every ship anno 1 H. 8. cap. 5. For the which see more in Botyler C. CA CAblish cablicia among the Writers of the Forest laws signifieth brush wood Manwood parte pag. 84. Cromptons Jurisd fol. 165. Calamus is a cane reed or quill the divers kinds whereof you have set down in Gerards Herbal lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1 Jacobi cap. 19. Calendrin of Worsseds anno 5 H. 8. cap. 4. an 35 ejusdem cap. 5. Cantred is as much in Wales as an Hundred in England For Cantre in the Brittish tongue signifieth centum This word is used anno 28 H. 8. cap. 3. Cape is a writ judicial touching plee of land or tenements so termed as most writs be of that word in it self which carrieth the especiallest intention or end thereof And this writ is divided in Cape magnum cape parvum both which as is before said in Attachment take hold of things immoveable and seem to differ between themselves in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the Tenent to answer to the default and over to the demandant Cape parvum summoneth the Tenent to answer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a judicial and lyeth where a man hath brought a Principe quod reddat of a thing that toucheth plee of land and the Tenant make default at the day to him given in the Writ original then this writ shall go for the King to take the land in o the Kings hands and if he come not at the day given him by the grand Cape he hath lost his land c. A President and form of this writ you may see in the Register judicial fol. 1. b. It seemeth after a sort to contain in it the effect missionis in possessionem ex primo secundo decreto among the Civilians For as the first decree seiseth the thing and the second giveth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the party a farther day of appearance at which if he come not in the land is forfeited Yet is there difference between these two courses of the Civil and Common law first for that missio in possessionem toucheth both mooveable and immooveable goods whereas the Cape is extended onely to immoveable secondly that the party being satisfied of his demand the remanet is restored to him that defaulted but by the Cape all is seised without restitution thirdly missio in possess is to the use of the party agent the Cape is to the use of the King Of this writ and the explication of the true force and effect thereof read Bracton lib. 5. tract 3. cap. 1. num 4 5 6. See Cape ad valentiam Cape parvum in the Old nat br fol. 162. is thus defined This writ lyeth in case where the Tenant is summoned in plee of land and cometh at the summons and his appearance is of record and after he maketh default at the day that is given to him then shall go this writ for the king c. Of this likewise you have the form in the Register judicial fol. 2. a. Why it is called Cape parvum see in Cape magnum Of both these writs read Fleta lib. 6. cap. 44. § Magnum seq Cape ad valentiam is a species of Cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161 162. it is thus defined or described This writ lyeth where any impleaded of certain lands and I vouch to warrant another against whom the summons ad warantizandum hath been awarded and the Shyreeve cometh not at the day given then if the Demandant recover against me I shall have this Writ against the vouchee and shal recover so much in value of the land of the vouchee if he have so much and if he have not so much then I shal have executiō of such lands tenements as descend unto him in fee-simple or if he purchase afterward I shal have against him a resummons if he can nothing say I shall recover the value And note ye that this writ lyeth before apparence Thus farre goeth the book Of these and the divers uses of them see the Table of the Register judiciall verbo Cape Capias is a writ of two sorts one before judgment called capias ad respondendum in an action personal if the Shyreeve upon the first writ of distresse return nihil habet in baliva nostra and the other is a writ of execution after judgment being also of divers kinds viz. Capias ad satisfaciendum Capias pro fine Capias utlagatum Capias utlagatum inquiras de lönis catallis Capias ad satisfacieudum is a writ of execution after judgment lying where a man recovereth in an action personal as debt or dammages or detinue in the Kings Court and he against whom the debt is recovered and hath no lands nor tenements nor sufficient goods whereof the debt may be levied For in this case he that recovereth shall have this writ to the Sheriff commanding him that he take the body of him against whom the debt is recovered and he shall be put in prison until satisfaction be made unto him that recovered Capias pro fine is where one being by judgement fined unto the King upon some offence committed against a statute doth not discharge it according to the judgement For by this is his body taken and committed to prison
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy Church from thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
false and hath this end to draw the triall of the cause from the Jury to the Judges Of this see twò apt examples in the Authour of the new Terms verbo Colour who also referreth you to the Doctor and Student fol. 158. c. See Brook tit Colour in Assise trespas c. fol. 104. Collusion collusio is in our Common law a deceitfull agreement or compact between two or more for the one party to bring an action against the other to some evill purpose as to defraud a third of his right c. See the new Terms and Brook tit Collusion See also one Case of Collusion in the Register orig fol. 179 a. Combat duellum is a French word signifying as much as certamen decertatio dimicatio discrimen praelium pugna but in our Common law it is taken for a formall tryall of a doubtfull cause or quarrell by the Sword or Bastons of two Champions Of this you may read at large both in divers Civilians as Paris de Puteo de re militari duello Alciat de Duello Hottoman disputatio feudalium cap. 42. and others As also in our Common Lawiers of England namely Glandvile l. 14. cap. 1. Bracton l. 3. tract 2. cap. 3. Britton cap. 22. Horns Myrrhor of Justices l. 3. cap. des exceptions in fine proxime and c. Juramentum duelli Dyer fo 301. nu 41. 42. That this also was antiently the Law of the Lombards before they invaded Italy which was about the year of our Lord 571 appeareth by Sigonius in his History de regno Italiae l. 2. de Aricaldo rege who there reporteth that the said king having put away his wife Gundeberga upon a surmise of Adulterie with Tato Duke of Etruria at the private suggestion of Adalulphus a great man among the Lombards being charged by Clotharius the King of France his Ambassadour of whose blood shee waâ—that he had done her wrong he answered that he had done her no wrong Wherupon Ansoaldus one of the Ambassadour replyed That they would easily beleeve him if he would suffer the truth to be tryed by combat between some one of the Quenes friends and her accuser according to the custome of the Lombards And the king yielding unto this Adulphus was vanquished by one Pitto otherwise called Charles set forth for the Queenes Champion and shee restored to her former place and honour Comin seed alià s Cumin seed Semen cumini is a seed brought forth by an Herb so called which you may see described in Gerards Herball lib. 2. cap. 416. this is placed among the garbleable drugs anno 1. Jacob. cap. 19. Commitatu commisso is a writ or a Commission whereby the Sheriff is authorized to take upon him the sway of the Countie Reg. orig fol. 295. a. b. and Cokes Reports l. 3. fol. 72. a. Comitatu castro commisso is a writ whereby the charge of a County together with the keeping of a Castle is committed to the Sheriff Reg. orig fol. 295. a. Commandrie praeceptoria was by some mens opinion a Manor or chief messuage with which lands or tenements were occupied belonging to the Priorie of S. Johns in Hierusalem in England and he which had the Government of any such Manor or house was called the Commander who had nothing to dispose of it but to the use of the Priory taking only his sustenance thence according to his degree and was usually a brother of the same Priorie Author of the new Terms of law verbo Commandrie By some other Books it appeareth that the chief Prior of S. Johns was a commander of a Nunnerie and constituted the Prioress of the said Nunnery who was under his obedience and removeable at his will notwithstanding that she had covent comon seal and had her possessions severall and was wont to lease the land for Term of years Fulbecks Paralels fol. 2. a. Of these commandries also Petrus Gregorius lib. de beneficiis cap. 11. num 11. hath these words Praeceptoriae dictae commendae satrorum militum veluti ordinis hospitalis Sancti Johannis Hierosolymitani beneficia quidem secundum quid ecclesiastica dicuntur à Barbatia ad Clement causam col 51. de Electione Tamen non prop iè dicuntur ex genere communium beneficiorum eo quòd personae conferentes quibus conferuntur non sunt laicae vel ecclesiasticae sed tertii ordinis De his beneficiâ—s fit mentio cap. exhibita de privilegiis in extravag com in cap. Dudum de decimis These in many places of our Realm are tearmed by the name of Temples because they sometime belonged to the Templers Of these you read anno 26 H. 8. cap. 2. anno 32 ejusd cap. 24 And of these the said Gregorius Tolosanus l. 15 sui syntagmatis cap. 34. hath these words Monuimus superiori capite crescente numero peregrinorum juxta templum Hierosolymitanum Xendochium edificatum tit Divi Johannis quo exciperentur peregrini quos coenobia caepere non possent Hujus ergo ministerio quoque viri pâ—i nobiles se devoverunt qui peregrinos tutarentur â latronum seu Agarenorum incursu defen dere nt Horum professio est votum solenne paupertatis abdicationis propriorum castuatis et obedientiae Proinde propter primum votum nihil proprii habent vel habere debent sed accipiunt annonam quà m diu vivunt vel praeceptorias quas vocant Commandries administrant quà m diu eas possident et optione mutant vel en magistri licentia permutant reddituri morientes quae apud eos reperientur societati Of these Corasius in his para phrase ad sacerd nat part 1. ca. 3. saith thus Praeceptoriae Rhodienses cum non nisi fratribus Hierosolymitanis atque ita personis ecclesiasticis confer antur beneficiis ecclesiasticis annumer ari merit ò debent Commandement praeceptum is used diversly in the Common law sometime for the commandement of the King when upon his meer motion and from his own mouth he casteth any man into prison Stawnf pl. Coron fol. 72. or of the Justices And this commandement of the Justices is either absolute or ordinary Absolute as when upon their own authority in their wisdome and descretion they commit a man to prison for a punishment ordinary is when they commit one rather for safe custody than punishment And â— man committed upon an ordinary commandement is replevisable Pl. cor fol. 73. Commandement is again used for the offence of him that willeth another man to transgresse the law or to do any such thing as is contrary to the law as Murther Theft or such like Bract. l. 3. tract 2. ca. 19. And this the Civilians call mandatum Angelus de maleficiis Commen communiae commeth from the French cummun i. quod ad omnes pertinet and signifieth in our Common law that soyl or water whereof the use is common to this or that town or Lordship as Commen of pasture communia pasturae Bract. lib. 4. ca. 19.
Those of the new foundation are by a shorter course installed by vertue of the Kings Letters Patents without either election or confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chapels as the Dean of the Kings Chappel the Dean of the Arches the Dean of Saint George his Chapel in Windfor the Dean of Bocking in Essex Debet solet These words are divers times used in the Writers of the Common law and may trouble the mind of a young Student except he have some advertisement of them For example it is said in the Old nat br fol. 98. This Writ de secta molindini being in the debet and solet is a Writ of right c. and again fol. 69. A Writ of Quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and in the solet or the debet without the solet according as the Demandant claimeth Wherefore note that those Writs that be in this sort brought have these words in them as formal words not be omitted And according to the diversity of the case both debet and solet are used or debet alone that is if a man sue to recover any right by a Writ whereof his Ancester was disseised by the Tenant or his Ancestor then he useth onely the word debet in his Writ because solet is not fit by reason his Ancestor was disseised and the custome discontinued but if he sue for any thing that is now first of all denied him then he useth both these words debet solet because his Ancestors before him and he himself usually injoyed the thing sued for as sute to a Mill or common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appeareth by the Regist orig in the Writ de debito fol. 140. a. Debito is a VVrit which lyeth where a man oweth to another a certain summe of money upon an Obligation or other bargain for any thing sold unto him Fitzh nat br fol. 119. This VVrit is made sometime in the Detinet and not in the Debet which properly falleth out where a manoweth an Annuitie â—or a certain quantitie of wheat barley or such like which he refuseth to pay Old nat br fol. 75. See Debet Solet Denelage Denelagia is the law that the Danes made here in England out of which and Merchenlage and West-Saxonlage the Conquerour compounded certain ordinances for his subjects Camdeni Britan. pag. 94. pag. 183. Decens tales See Tales Decies tantum is a VVrit that lyeth against a Jurour which hath taken money for the giving of his Verdict called so of the effect because it is to recover ten times so much as he took It lieth also against Embracers that procure such an Enquest anno 38 Ed. 3. cap. 13. Reg. orig fol. 188. Fitzh nat br fol. 171. New book of Entries verbo Decies tantum Deceit deceptio fraus dolus is a subtile wily shift or devise having no other name Hereunto may be drawn all maner of craft subtilty guile fraud wylinesse slightnesse cunning covin collusion practice and offence used to deceive another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decanniers See Deciners Deceptione is a VVrit that lyeth properly against him that deceitfully doth any thing in the name of another for one that receiveth harm or Dammage thereby Fitzh nat br fol. 95. This VVrit is either original or judicial as appeareth by the Old nat br fol. 50. where you may read the use of both For some satisfaction take these words of that book This VVrit of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise evil intreated as it appeareth by the Register c. And when it is judicial then it lieth out of the Rolls of Record as in case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff return the Writ served whereas the said man was not warned by which the party that sueth the scire facias recovereth then the party which ought to have been warned shall have the said Writ against the Sheriff The Author of the Termes of Law verbo Deceit saith that the original VVrit of Deceit lieth where any Deceit is done to a man by another so that he hath not sufficiently performed his bargain or promise In the VVrit judicial he concurreth with the former book See the Reg. orig fol. 112. and the Reg. Judicial in the table verbo Deceptione Decintis solvendis pro possessionibus alienigenarune is a VVrit or Letters Patents yet extant in the Register which lay against those that had fermed the Priors aliens lands of the King for the Rector of the Parish to recover his tithe of them Regist orig fol. 179. Deciners aliâs desiners aliâs doziners decenarii cometh of the French dizeine i. decan ten in number or old of disenier i. decearchus It fignifieth in the ancient monuments of our law such as were wont to have the ouersight and check of ten Fribargs for the maintenance of the Kings peace And the limits or compalâ—e of their jurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also read Fleta lib. 1. cap. 27. and a touch in the Regist orig fol. 98. b. These seemed to have large authority in the Saxons time taking knowledg of causes within their Circuit and redressing wrongs by way of judgement as you may read in the Laws of King Edward set out by M. Lamberd num 32. In later times I find mention of these as in Britton cap. 12. who saith in the Kings person as he writeth his whole book in this manner VVe will that all those which be 14 years old shall make oath that they shall be sufficient and loyal unto us and that they will be neither Felons nor assenting to Felonsâ— and we will that all be endozeint plevis per dozeniers that is professe themselves to be of this or that Dozein and make or offer surety of their behaviour by these or those Doziniers except Religious persous Clerks Knights and their eldest Sons and Women Yet the same Author in his 29 Chapter something toward the end doth say that all of twelve years old and upward are punishable for not coming to the turn of the Sheriff Except Earls Prelates Barons Religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these words The like Law is where the Dozeniers make presentment that a Felon is taken for Felonie and delivered to the Sheriff c. And Kitchin out of the Register and Britton saith thus Religious persons Clerks Knights or VVomen shall not be Deceniers fol.
33. So that hereby I gather that of later times this word signifieth nothing but such an one as by oath of loyalty to his Prince for surety none ordinarily findeth at these dayes is setled in the combination or society of a Dozein And a Dozein seemeth now to extend so farre as every Leet extendeth because in Lâ—ets onely this oath is ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the compasse of the Leet where they are sworn Fitzh nat br fol. 161. A. The particulars of this oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the Commission of the Justices being read and the cause of their coming being shewed debent Justiciarii se transferre in aliquem locum secretam vocatis ad so quatuor vel sex uel pluribus de ma oribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum sic inter se tractatum habeant Justiciarii adinvicem ostendant qualiter à Donâ—ino Rege erus concilio provisum sit quà d omnes tam milite quà m alii qui sunt quindecim annâ—rum ampliùs jurare debent quòd utlagatos murditores robbatores burglatores non receptaâ—â—nt nec eis consentient nec corum receptatoribus si quos tales noverint illos attachiari facient hoc Vicecomiti balivis suis monstrabuntâ— si hutesium vel clameum de talibus audiverint statim and to clamore sequantur cum familia hominibus de terra sua Here Bracton setreth down fifteen years for the age of those that are sworn to the Kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12 years See Inlaughe A man may note out of the Premisses diversities between the ancient and these our times in this point of law and government as well for the age of those that are to be sworn as also that Decennier is not now used for the chief man of a Dozen but for him that is sworn to the Kings peace and lastly that now there are no other Dozens but Leets and that no man ordinarily giveth other security for the keeping of the Kings peace but his own oath and that therefore none answereth for anothers transgression but every man for himself And for the general ground this may suffice See Franke pledge Declaration declaratio is properly the shewing forth or laying out of an action personal in any sure howbeit it is used sometime and indifferently for both personal and real actions For example anno 36. E. 3. cap. 15. in these words By the ancient terms and forms of Declarations no man shall be prejudiced so that the matter of the action be fully shewed in the Demonstration and in the Writ See the new Terms of Law See Cownte Dedimus potestatem is a Writ whereby commission is given to a private man for the speeding of some act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party which is to do something before a Judge or in Court is so feeble that he cannot travel It is used in divers cases as to make a personal answer to a Bill of complaint in the Chaunceâ—ie to make an Atturney for the following of a sute in the Countie Hundred Wapentake c. Old nat br fol. 20. To levie a Fine West parte 2. symbol titulo Fines sect 112. and divers others effects as you may see by Fitzh nat br in divers places noted in the Index of the Book In what diversity of cases this VVrit or Commission is used see the Table of the Regist orig verbo Dedimus potestatem Deeds Facta signifie in our Common law-writings that contain the effect of a contract made between man and man which the Civilians call Literarum obligationem And of Deeds there be two sorts Deeds indented and Deeds poll VVhich division as M. West saith parte 1. Symbol lib. 1. sect 46. groweth from the form or fashion of them the one being cut to the fashion of teeth in the top or side the other being plain And the definition of a deed indented hee expresseth thus Sect. 47. A Deed indented is a Deed consisting of two parts or more in which it is expressed that the parties to the same Deed have to every part thereof interchangeably or severally set their several seals See the rest where at the last he sheweth the cause of the name viz. for that consisting of more parts each part is indented or cut one of them into the other that by the cut it may appear they belong to one businesse or contract A Deed poll or polled he describeth thus Sect. 46. Q. A polled Deed is a Deed testifying that onely the one of the parties to the bargain hath put his seal thereunto after the manner there by him described which read for your better understanding See the new Terms of law verbo Fait where he sheweth that each Deed consisteth in three points writing sealing and delivery Deer Hayse anno 19 H. 7. cap. 11. seemeth to be an Engine of cords to catch Deer De essendo quietum de telonio is a VVrit that that lyeth for them which are by privilege freed from the payment of Toll which read at large in Fitzh nat br fol. 226. Defalt Defalta cometh from the French Defaut and is an offence in omitting that which we ought to do West parte 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole Tractate lib. 5. tractat 3. By whom it appeareth that a Default is most notoriously taken for non appearance in Court at a day assigned Of this you may read also in Fleta lib. 6. cap. 14. Defeisance defeisantia cometh of the French Desfaire or Deffaire i. infectum reddere quod factum est and signifieth in our Common law nothing but a condition annexed to an Act as to an Obligation a Recognisance or Statute which performed by the Obligee or Recognizee the Act as disabled and made void as if it never had been done whereof you may see West at large part 1. symb lib. 2. Sect. 156. Defendant defendens is he that is sued in an Action personal as Tenant is he which is sued in an Action real Terms of the Law Defendemus is an ordinary word in a Feofment or Donation and hath this force that it bindeth the Donour and his Heirs to defend the Donee if any man go about to lay any servitude upon the thing given other than is contained in the Donation Bracton lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the Faith defensor fidei is a peculiar title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo Decimus to King Henry the 8. for
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
thing enjoyned nor appear at the day assigned he himself will without farther delay proceed to perform the Justice required And this seemeth to be tearmed a double quarrel because it is most commonly made against both the Judge and him at whose Petition Justice is delayed Dower dos cometh of the French dovaire and signifieth in our Common law two things first that which the VVife bringeth to her Husband in marriage otherwise called maritagium marriage good next and more commonly that which she hath of her Husband after the marriage determined if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in princ And in Scotland dos signifieth just as much Skene de verb. signif verbo Dos The former is in French called dot the other dovayre by them latined doarium I like wise once thought it not unreasonable to call the former a Dowrie and the other a Dower but I finde them confounded For example Smith de rep Anglo pa. 105. calleth the latter a dowry and dower is sometime used for the former as in Britton ubi supra Yet were it not inconvenient to distinguish them being so divers The Civilians cal the former dotem the latter donationem propter nuptias Of the former the Common law-law-books speak very little This onely is to be noted that whereas by the Civil Law instruments are made before marriage which contain the quantity of the wives dowrie or substance brought to her husband that he having the use of it during marriage may after certain deductions restore it again to his Wives Heirs or Friends after the marriage dissolved the Common law of England whatsoever chattels moveable or immoveable or ready money she bringeth doth make them forthwith her Husbands own to be disposed of as he will leaving her at his courtesie to bestow any thing or nothing of her at his death The reason whereof is said to be the holding of the Wife in obedience to her Husband Onely if she be an inheretrice her Husband holdeth the Land but during her life except he have issue by her but then he holdeth it by the courtesie of England during his own life See Courtesie And again if he have any Land in Fee whereof he was possessed during the marriage she is to have a third thereof during her life though she bring nothing to him except she do by fine release her right during the marriage So that here is no great matter to be spoken of but touching dower in the latter signification You must know therefore that upon speech of marriage between two the Parents of both sides are commonly more careful in providing each for his child than the parties themselves And that by their means there be divers bargains made sometime for the conveiance of Lands c. to them and their issue And this is said to be given in Frank mariage sometime to her during her life and that before or at the marriage If before marriage then it is called a Joynture For a Joynture is a Covenant whereby the Husband or some for him is tyed ratione juncturae in consideration of the marriage that the wife surviving him shall have during her life this or that Tenement or Lands or thus much Rent yeerly payable out of such Land c. with clause of distresse and this may be more or lesse as they do accord Britton cap. 110. whom read also cap. 102 103 104. for conventio vincit legem Bracton lib. 5. tractat 4. cap. 9. The diversity of these Joyntures you may see in West parte prima symbol l. 2. sect 128 129 130 131 132 133. But if none of these former bargains passe before marriage then must the Wife stick to her Dower and that is sometime given at the Church door or the Chapel door if the marriage be by License but not the Chamber door and may be what the Husband will so it exceed not a third part of this Lands Glanvile lib. 6. cap. pri Or the half as some say Fitz. nat br fol. 150. N.P. And this Dower is either certainly set down and named or not named but onely in generality as the law requireth if it be not named then it is by law the third part and called dos legitima Bracton lib. 4. tract 6. cap. 6. num 6. 10. Magna Charta c. 7. or the half by the custome of some Countries as in Gavelkind Fitzh nat br fol. 150. O. And though it be named it seemeth that it cannot be above half the lands of the Husband Fitzh nat br fol. 150. P. And the Woman that will challenge this Dower must make 3 things good viz. that she was married to her Husband that he was in his life time seised of the Land whereof she demandeth Dower and that he is dead Cokes reports lib. 2. Binghames case fol. 93. a. Of these things see Glanvile l. 6. c. 1 2 3. Bract. l. 2. c. 38 39 l. 4. tract 6. cap. 1. 6. and Britton cap. 101 102 103 104. and Fitzherb nat br fol. 147 148 149 150. And this custumary Dower seemeth to be observed in other nations as well as in ours Hotoman verbo Dotalitium in verbis feudal Cassan de consuetud Burg. pag. 580. 676. 677. de conventional pa. 720. And to these joyn the grand Custumarie of Normandy cap. 102. where you shall perceive that in a manner all our law in this point is taken from the Normans See Endowment Of Dower read Fleta likewise who writeth largely thereof and hath many things worth the learning lib. 5. cap. 23. seq Dozenno See Decennitr DR Drags anno 6 H. 6. cap. 5. seem to be wood or timber so joyned together as swimming or floting upon the water they may bear a burden or load of other wares down the River Draw latches anno 5 Edw. 3. cap. 14. anno 7. Rich. 2. cap. 5. Master Lamberd in his Eirenarch lib. 2. cap. 6. calleth them Miching thieves as Wasters and Roberdjemen mighty thieves saying that the words be grown out of use Dreit Dreit signifieth a double right that is jus possessionis jus Domini Bracton lib. 4. cap. 27. lib. 4. tract 4. cap. 4. lib. 5. tract 3. cap. 5. Dry exchange anno 3 H. 7. cap. 5. Cambium siccum seemeth to be a cleanly tearm invehred for the disguising of foul usury in the which something is pretended to passe of both sides wheras in truth nothing passeth but on the one fide in which respect it may well be called dry Of this Ludovicus Lopes tracbat de contract negotiatio lib. 2. cap. pri § Deinde postquam writeth thus Cambium est reale vel siccn̄ Cambium reale dicitur quod consistentiam veri Cambit realem habet et Cambium per or ans et Cambium minutum Cambium autem siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humorae vitali jam
more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a VVrit of entry in le per and a VVrit in the third degree is called a VVrit of entry in le per cui and the fourth form without these degrees is called a VVrit of entry in le postâ—â— that is to say after the disseisin which such a one made to such a one And if any Writ of entry be conceived out of the right case so that one form be brought for another it is abateable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem aut matrem avunculum vel amitam vel cognatum avum vel proavum dicts Petri qui dictum manerium dimisit pro termino qui est elapsus The third form is such Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talâ—s pater vel mater vel alius antecessor aut cognatus idem dimisit cujus haeres est ipse Petrus pro termino qui est elapsus And the form without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic ut supra cujus haeres ille est inde fecit pro termino qui est elapsus And in those four degrees be comprehended all manner Writs of entry which be without certainty and number Thus farre Britton by whom you may perceive that those words solet debet and also those other words in le per in le per cui and in le post which we meet with many times in books shortly and obscurely mentioned do signifie nothing else but divers forms of this Writ applyed to the case whereupon it is brought and each form taking his name from the said words contained in the Writ And of this read Fitzh in his nat br fol. 193. 194. This VVrit of entry differeth from an Assise because it lyeth for the most part against him who entred lawfully but holdeth against Law whereas an Assise lyeth against him that unlawfully disseised yet sometime a VVrit of entry lyeth upon an entrusion Regist orig fol. 233. b. See the new book of Entries verbo Entre brevis fol. 254. colum 3. I read of a VVrit of entry in the nature of an Assise Of this VVrit in all his degrees read Fleta lib. 5. cap. 34. sâ—q Entrusion Intrusio in our Common law signifieth a violent or unlawfull entrance into Lands or Tenements being utterly void of a possessor by him that hath no right nor spark of right unto them Bracton lib. 4. cap. 2. For example if a man step in upon any Lands the owner whereof lately dyed and the right Heir neither by himself or others as yet hath taken possession of them VVhat the difference is between Abator and Intrudor I do not well perceive except an Abatour he be that step peth into land void by the death of a Tenent in Fee and an Entrudor that doth the like into lands c. void by the death of the Tenent for Terms of life or yeers See Fitzh nat br fol. 203. F. The author of the new Terms of Law would have abatement Latined Interpositionem aut intro tionem per interpositionem and to be restrained to him that entreth before the Heir after the decease of a Tenent for life though the new book of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitzhâ—nat br fol. 203. Entrusion de gard is a Writ that lyeth where the Infant within age entred into his his lands and holdeth his Lord on t for in this case the Lord shall not have the VVrit De communi custodia But this Old nat br fol. 90. Enure signifieth to take place or effect to be availeable Example A Release shall enure by way of extinguishment Litleton cap. Release And a Release made to a Tenent for Term of life shal inure to him in the Reversion ER Erius alias Iris is the Flower de lyce whose divers kinds you have expressed in Gerards Herbal lib. 1. cap. 34. The root of this is mentioned among Merchandize or Drugs to be garbled anno 1 Jacob. cap. 19. Ermins seemeth to come of the French Ermine i. mus araneus It signifieth a Furre of great price Erminstreat see Watlingstreat Errant Itinerans cometh of the French Error i. errare or the old word Erre i. Iter. It is attributed to Justices of circuit p. cor fol. 15. and Baylifes at large See Justices in Eyr and Baylife See also Eyr Errour Error cometh of the French Erreur and signifieth more specially in our Common law an error in pleading or in the Proces Brook titulo Errour And thereupon the VVrit which is brought for remedy of this oversight is called a VVrit of error in Latine De errore corrigendo thus definedâ— by Fitzh nat br fol. 20. A VVrit of Error is that properly which lyeth to redresse false judgement given in any Court of Record as in the Common bench London or other City having power by the Kings Charter or prescription to hold Plee of debt See the new book of Entries verbo Error or trespasse above the sum of twenty shillings This is borrowed from the French practice which they call proposition d'erreur VVhereof you may read in Gregorius De appellation pag. 36. In what diversity of cases this VVrit lyeth see the Register original in the Table verb. Errore corrigendo and Register judicial fol. 34. There is likewise a VVrit of Errour to reverse a Fine West parte 2. sect symbol titulo Fines 151. Errore corrigendo See Error ES Escawbio is a license granted to one for the making over of a Bill of Echange to a man over Sea Register Original fol. 194. a. Escape escapium cometh of the French eschapper i. aufugere effugere and signifieth in the Law a violent or prive evasion out of some lawful restraint For example if the Sheriff upon a Capias directed unto him take one and indeavour to carry him to the Gaol and he in the way either by violence or by slight break from him this is called an escape pl. cor fol. 70. Many examples might be brought out of him and others but the thing is plain Stawnf lib. 1. cap. 26. pl. cor nameth two kinds of Escapes voluntarie and negligent Voluntarie is when one arresteth another for Felonie or some other crime and afterwards letteth him go whither he listeth In which escape the party that
each journey Escuage certain is that which yearly payeth a certain rent in lieu of all services being no further bound than to pay his rent called a Knights-fee or the fourth part of a Knights-fee according to his land and this leeseth the nature of Knights service though it hold the name of Escuage being in effect Soccage Fitzh na br fol. 84. C. Esnecy Aesnecia is a prerogative given to the eldest Comparcener to chuse first after the inheritance is divided Fleta lib. 5. cap. 10. § in divisionem Esples Expletia seem to be the full profits that the ground or land yeeldeth as the Hay of the Meadowes the Feed of the Pasture the corn of the Earable the Rents Services and and such like issues Ingham It seemeth to proceed from the Latine Expleo The profits comprised under this word the Romans call properly accessiones Nam accessionem nomine intelliguntur ea gener aliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt lib. 2. Ï€. De in diem adjectio lib. 50. Ï€. Ad Trebel lib. 61. § hiis etiam Ï€. de furt See the new Terms of Law Esquier Armiger is in letters little altered from the French Esouier i. scutiger It signifieth with us a Gentleman or one that beareth arms as a testimony of his nobility and gentry S. Thomas Smith is of opinion that at the first these were Bearers of arms to Lords and Knights and by that had their name and dignity Indeed the French word is sometime translated Agaso that is a Boy to attend or keep a Horse and in old English Writers it is used for a Lackey or one that carrieth the Shield or Spear of a Knight Mast Cambden in his Britannia pag. 111. hath these words of them having spoken of Knights Hiis proximi fuere Armigeri qui scutiferi hominesque ad arma dicti qui vel à clypeis gentilitiis quae in nobilitatis insignia gestant vel quia principibus ma oribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo unicuique militi serviebant galeam clypeumque gestabant c. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith that these which the French men cal Escuiers were 1 Military kind of vassal having jus scuti which is as much to say he there interpreteth himself as that they bare a Shield and in it the ensignes of their family in token of their Gentility or dignity Essendt quietum de telonio is a Writ that lyeth for Citizens and Burgesses of any City or Town that have a Charter or prescription to exempt them from tolle through the whole Realm if it chance they be any where exacted â—he same Fitz. nat br fol. 226. Reg. fol. 258. Essoin essonium cometh of the French essomè or exonniè i. causarius miles he that hath his presence forborn or excused upon any just cause as sicknesse or other incumbrance It signifieth in our Common Law and allegement of an excuse for him that is summoned or sought for to appear and answer to an Action real or to perform sute to a Court Baron upon just cause of absence It is as much as excusatio with the Civilians The causes that serve to essoin any man summoned be divers and infinite yet drawn to five heads whereof the first is ulira mare the second de terra sancta the third de malo veniendi which is also called the common Essoin the fourth is de malo lecti the fifth de servitio Regis For further knowledge of these I refer you to Glanvile in his whole first book and Bracton lib. 5. tract 2. per totum and Britton c. 122 123 124 125. and to Horns Mirrour of Justices lib. 1. cap. des Essoins who maketh mention of some more essoins touching the service of the King celestial then the rest do and of some other points not unworthy to be known Of these Essoins you may read further in Flet. l. 6. c. 8. seq and that these came to us from the Normans is well shewed by the Grand Custumary where you may find in a manner all said that our Lawyers have of this matter cap. 39 40 41 42 43 44 45. Essoins and profers anno 32 H. 8 cap. 21. See Profer Essonio de malo lecti is a Writ directed to the Sheriff for the sending of four lawful Knights to view one that hath essoined himself de malo lecti Regist. orig fol. 8. b. Establishment of dower seemeth to be the assurance of dower made to the Wife by the Husband or his friends before or at marriage And assignement is the setting it out by the Heir afterward according to the Establishment Britton cap. 102. 103. Estandard or Standard cometh of the French estandart or estandart i. signum vexillum It signifieth an Ensigne in war as well with us as with them But it is also used for the principal or standing measure of the King to the scantling whereof all the measures thorowout the Land are or ought to be framed by the Clerk of the Market Anlneger or orher Officer according to their functions For it was established by the Statute of Magna Charta an 6 H. 3. cap. 9. That there should be but one scantling of Weights and Measures through the whole Realm which is sithence confirmed by Aâ—co 14 Ed. 3. cap. 12. and many other Statutes as also that all should be fitted to the Standard sealed with the Kings Seal It is not called a Standard without great reason because it standeth constant and immoveable and hath all other Measures coming toward it for their conformity even as Souldiers in field have their Standard or Colours for their direction in their march or skirmish Of these Standards and Measures read Britton cap. 30. Estate cometh of the French estat i. conditio and signifieth especially in our Common law that Title or Interest which a man hath in Lands or Tenements as estate simple otherwise called Fee-simple and estate conditional or upon condition which is as Litleson saith libro 3. caput 5. either upon condition in Deed or upon condion in Law Estate upon condition in Deed is where a man by Deed indented infeoffeth another in Fee referving to him and to his Heirs yeerly a certain Rent payable at one Feast or at divers upon condition that if the Rent be behind c. that it shall be lawful to the Feoffor and to his Heires to enter in the Lands or Tenements c. Estate upon condition in Law is such as hath a consideration in the Law annexed to it though it be not specified in writing For example if a man grant to another by his Deed the Office of a Parkership for Term of his life this estate is upon condition in the Law or imployed by Law viz. if the Parker so long shall well and
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple that is to him and his Heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
was the Court never restored but all matters therein wont to be handled were transferred to the Exehequer See Annats Fishgarth anno 23 H. 8. cap. 18. Fitche See Furre Fitzherberd was a famous Lawyer in the dayes of King Henry the eighth and was chief Justice of the Common plees he wrote two worthy Books one an Abridgement of the Common Laws another intituled De Natura Brevium FL Fledwit cometh of the Saxon word Fled that is a fugitive wit which some make but a termination signifying nothing of it self howbeit others say it signifieth a reprehension censure or correction It signifieth in our ancient Law a discharge or freedom from amercements when one having been an Out-lawed fugitive cometh to the peace of our Lord the King of his own accord Rastal Exposition of words or being licensed New Terms of Law See Bloodwit and Childwit See Fletwit Fleet Fleta a famous prison in London so called as it seemeth of the River upon the side whereof it standeth Cambden Britannia pag. 317. Unto this none are usually committed but for contempt to the King and his Laws or upon absolute commandement of the King or some of his courts or lastly upon debt when men are unable or unwilling to satisfie their Creditours Flemeswit or rather Flehenswit cometh of the Saxon word Flean which is a contract of Flegen that is to fly away It signifieth with our Lawyers a liberty or Charter whereby to challenge the Cattel or amercements of your man a fugitive Rastal Exposition of words See Bloodwit Fleta writeth this word two other wayes as Flemenes frevie or Flemesfreict he and interpreteth it habere catalla fugitivorum lib. 1. cap. 47. Fleta is a feigned name of a learned Lawyer that writing a Book of the Common laws of England and other antiquities in the Fleet termed it thereof Fleta He seemeth to have lived in Edward the seconds time and Edward the thirds idem lib. 1. cap. 20. § qui ceperint lib. 2. cap. 66 § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flitchtwit is a liberty to Courts and to take up the amercements pro melletis he giveth the reason because Flitcht is called Flitting in French Melle which sometime is conjoyned with handstroke And in some books Placitum de meltis is called the moot or plee of beating or striking Flight see Finer Florences an 1 R. 3. cap. 8. a kind of cloath so called Flotson aliâs Flotzam is a word proper to the Seas signifying any goods that by shipwrack be lost and lye floting or swimming upon the top of the water which which Jetson and lagon and shares be given to the Lord Admiral by his Letters Patents Jetson is a thing cast out of the Ship being in danger of wreck and beaten to the Shore by the waters or cast on the Shore by the Mariners Coke vo 6 fol. 106. a Lagon aliâs Lagam vel Ligan is that which lieth in the bottom of the Sea Coke ibid. Shares are goods due to more by proportion FO Foder fodrum signifieth in our English tongue a coarse kind of meat for Horses and other Cattel But among the Feudists it is used for a prerogrative that the prince hath to bee provided of corn and other meat for his horses by his subjects toward his Warrs or other expeditions Arnoldus Clapmarius de arcunis Imperii lib. 1. cap. 11. And read Hotomaa de verbis feudalidus literaf Folgheres or rather Folgers be followers if wee interpret the word according to the â—rue signification Bracton sayth it signifieth Eos qui alii deserviunt Lib. tertio tract 2. cap. 10. Folkmoot is a Saxon word compounded of Folk i. populus and Gemeitan i. convenire It signifieth as M. Lambeâ—t saith in his exposition of Saxon words verbo Conventus two kind of courts one now called the County court the other called the Sheriffs Turn This word is still in use among the Londoners and signifieth celebrem ex omni civitate conventum Stow in his Survey of London But M. Manwood in his first part of Forest laws pag. 111. hath these words Folkemore is the Court holden in London wherein all the folk and people of the Citie did complain on the Maior and the Aldermen for mis-government within the City Forbarre is for ever to deprive anno 9. Rich. 2. ca. 2. Force forcia is a french word signifying vim nervositatem fortitudinâ—m virtutem in our Common law it is most usually applyed to the evill part and signifieth unlawfull violence West thus defineth it Force is an offence by which violence is used to things or persons parte 2. symbol titulo Indictments Sect. 65. where also he divideth it thus Force is either simple or compound Simple is that which is so committed that it hath no other crime adjoined unto it as if one by force doe only enter into another mans possession without doing any other unlawfull act here Mixt force is that violence which is committed with such a fact as of it self only is criminal as if any by force enter into another mans possession and kill a man or ravish a woman there c. he farther divideth it into true force and force after a sort and so proceedeth to divers other branches worth the reading as forceable entry forceable detaining unlawful assembly Rowtes Riots Robellions c. Forceable det aining or witholding of possession is a violent act of resistance by strong hand of men weaponed with harness or other action of fear in the same place or elsewhere by which the Lawful entry of Justices or others is barred or hindred West parte 2. symb titulo Inditements Sect. 65. M. of this see Cromptons Justice of pe ce fol. 58. b. c. usq ad 63. Forcible entrie Ingressus mann forti factua is a violent actuall entry into a house or land c. or taking a distresse of any person weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of the possession thereof West par 2. symb titulo Indictments sect 65. L. of this see Cramptons Justice of peace f. 58. b. 59. c. usq 63. It is also used for a writ grounded upon the Stat. aâ— 8. H. 6. c. 9. wherof read Fiaz nat br at large f. 248. See the new book of Entries verbo Forcible Entrie See Lamb. definition in â—emain â—asâ—â—s Firen l. 2. ca. 4. pag. 145. Forem faâ—infocus commeth of the French forain i. exterus extornus it is used adjectively in our Common law and joyned with divers substantives in senses not unworthy the exposition as Forain matter that is matter triable in another County pl. co fol. 154. or matter done in another County Kitchin fol. 126. For. inplea forinsecum placiâ—um is a refusall of the Judge as incompetent because the matter in hand was not within his precincts Kitchin fo 75. an 4. H. 8. cap. 2. anno 22 ejusdem cap.
disavow or forsake whatsoever right he hath unto them See the Statute anno 10. Edward 1. cap. unico Forstall is to be quit of amerciaments and cattels arrested within your land and the amerciaments thereof comming New terms of law Forstalling forstallatio is partly French for estaller is in that tongue as much as merces exponere expedice explicare or to shew wares in a Market or Fair. It signifieth in our Common law the buying or bargaining for any victuals or wates comming to be sold toward any Fair or Market or from beyond the Seas toward any City Port Haven Creek or road of this Realm and before the same be there anno 51. H. 3. stat 6. West parte 2. Symbol titulo indictments sect 64. Forstaller in Cromptonâ— Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest from returning home again or laying between him and the Forest in the way that he is to return See Regratours and Engrossers See Cromptons Justice of peace fol. 69. a. The Author of the new terms of Law defineth it thus Forstalling Forstallamentum is the buying of Corn Cattell or other Merchandise by the way as it cometh toward the Fair or Market to be sold to the intent to sell the same again at a more high and deer price Fleta saith thus of it significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. cap. 47. Fortescue was a learned Lawyer and Lord Chanceller in Henry the 6. daies who writ a book in the commendation of our Common Laws Fortlet forte letum cometh neer the French fortlet i. valenticulus forticulus and signifieth in our Common law a place of some strength Old nat br fol. 45. This in other Countries is written fortalitium and signifieth castrum Scraderus select practabil quaest sect 12. num 7 8. Fother is a weight of twenty hundred which is a wain or cart load Speight in his Annot upon Chawcer Fourche Afforciare seemeth to come of the French Fourchir i. tiâ—ubare lingua and signifieth in our Common law a putting off prolonging or delay of an action and it appeareth no unpleasant Metaphor for as by stammering we draw out our speech not delivering that wee have to say in ordinary time so by fourching wee prolong a sute that might be ended in a shorter space To fourch by essoin Westm 1. cap. 24. anno 3. Edw. pri where you have words to this effect Coparceners Jointenants and Tenents in common may not fourch by essoin to essoin severally but have only one essoin as one sole tenent may have And anno 6. Edw. 1. ca. 10. You have it used in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest See Expeditate And to be quit of footgeld is a privilege to keep dogs within the Forest unlawed without punishment or controlement Cromptons Jurisd fol. 197 Manwood parte pri of his Forest Laws pag. 86. Fowles of warren See Warren Founder is he that melteth metal and maketh any thing of it by casting it into a mould c. anno 17. Rich. 2. cap. 1. derived of the verb fundere to powre FR Franthise libertas franchesia cometh of the French franchise so signifying it is taken with us for a privilege or an exemption from ordinary jurisdiction and sometime an immunity from tribute It is either personall or reall Crompt Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of immunity whereof he is either chief or a member In what particularly things franchises commonly consist See Britian cap. 19. Franchise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine seemeth to be that where the Kings writs run not as Chester and Durham they are called Seignories royal anno 28. H. 6. cap. 4. The author of the new Terms of law saith that franches royal is where the King granteth to one and his heirs that they shall be quit of tolle or such like See franchise in the new book of Entries See Bracton lib. 2. cap. 5. See Sac. Frank almoin libera Eleemozyna in french frank Ausmone signifieth in our Common law a tenure or title of lands Britton cap. 66. num 5. saith thus of it Frank almoyne is lands or tenements bestowed upon God that is given to such people as bestow themselves in the service of God for pure and perpetual almes whence the Feoffours or givers cannot demand any terrestiall service so long as the lands c. remain in the hands of the Feoffees With this agreeth the grand Costumary of Normandie cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol 211. See the new book of Entries verbo Frank almoin But Britton maketh another kind of this land c. which is given in almes but not free almes because the tenents in this are tyed in certain services to the Feoffour Britton ubi supra Frank bank francus bancus in true french franc bank signifieth word for word a free bench or seat and among our Law-writers it seemeth to be used for Copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum et tenent nomine dotis Fitz. calleth it a custome whereby in certain Cities the wife shall have her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a liberty of feee chase whereby all men having ground within that compasse are prohibited to cut down wood or discover c. without the view of the Forester though it be his own Demesn Cromptons Jurisdictions fol. 187. Frank fee feudum francum seis liberum is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being antient demesn of the Crown viz. the Demesns is called frank fee and that which is in the hands of the tenents is ancient demeasn only see the Register orign fol. 12. a. Whereby it seemeth that that is frank fee which a man holdeth at the Common law to himself and his heirs and not by such service as is required in antient demesn according to the custome of the mannor And again I find in the same book fol. 14. b. a note to this effect that the lands which were in the hands of King Edward the Saint at the making of the book called Doomesday is antient demesn and that all the rest in the Realm is called frank
Terra scripto saith that land in the Saxons time was called either Bockland that is holden by book or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the better sort of tenents as Noble-men and Gentlemen being such as we now call free hold the later was commonly in the possession of clowns being that which wee now call at the will of the Lord I find in the Register judiciall fol. 68. a. and in divers other places that hee which holdeth land upon an execution of a Statute Merchant untill he be satisfied the debt tenet ut libe um tenementum sibi assignatis suis and fol. 73. b. I read the same of a tenent per elegit where I think the meaning is not that such tenents be free-holders but as free-holders for their time that is untill they have gathered profits to the value of their debt Freeholders in the antient Laws of Scotland were called Milites Skene de verb. signif verb. Milites The D. and Student saith that the possession of land after the law of England is called frank tenement or freehold fol. 97. a. Frenchman Francigenia was wont to be used for every outlandish man Bracton li. 3. tract 2. cap. 15. See Englerecy Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta lib. 1. cap. 47. Frendles man was wont to be the Saxon word for him whom wee call an out-law And the reason thereof I take to be because hee was upon his exclusion from the Kings peace and protection denied all help of frien as after certain dayes Nam forisfecit amicos Bract. lib. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli utlaugh alio nomine antiquitus solet nominari sc Frendles man sic viaetur quod foris fecit amicos unde si quis talem post utlagariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel receptaverit vel occultaverit eâdem paenâ puniri debet quà puniretur utlagatus ita quòd careat omnibus bonis suis vita nisi Rex ei parcat de sua gratia Fresh disseisin Frisca disseisina cometh of the french Fraiz i. recens disseisir i. possessione eâ—cere It seemeth to signifie in our Comon law that disseisin that a man may seek to defeat of himself by his own power without the help of the king or Judges Britton c. 5. and that such desseisin as is not above 15. dayes old Bract. lib. 4. cap. 5. whom you may read at large of this matter concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a year See him also ca. 44. Fresh fine is that which was levied within a year past West 2. ca. 45. an 13. Ed. 1. Fresh force frisca fortia is a force done within forty dayes as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any City or Borough or deforced from them after the death of his Ancestor to whom hee is heir or after the death of his tenent for life or in tail he may within forty dayes after his title accrued have a Bill out of the Chancerie to the Maior c. See the rest Fresh sute recens insecutio is such a present and earnest following of an offendour as never ceaseth from the time of the offence commited or espied untill he be apprehended And the effect of this in the pursure of a Felon is that the partie pursuing shall have his goods restored him again whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall find handled at large what sure is to be accounted fresh and what not And the same Author in his first book cap. 27. saith that fresh sute may continue for seven years See Cokes reports lib. 3. Rigew iâ—s case Fresh sute seemeth to be either within the view or without for M. Manwood saith that upon fesh suit within the view Trespassers in the Forest may be attached by the officers pursuing them though without the limits and bounds of the Forest parte 2. cap. 19. num 4. fol. 121. Froborgh alias Fridburgh alias Frithborg Frideburgum cometh of two Saxon words Freo i. liber ingenuns and borgh i. fidejussor or of Frid i. pax and Borgha 1. sponsor this is otherwise called after the french Frank pledge the one being in use in the Saxons time the other sithence the Conquest wherefore for the understanding of this read Franck pledge That it is all one thing it appeareth by M. Lamberd in his explication of Saxon words verbo Centuria And again in the laws of king Edward set out by him fol. 132. in these words Praeterea est quaedam summa et maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freeborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum Haec securitas hoc modo fiebat quod deomnibus villis totius regni sub decennals fidejussione debebant esse universi ita quod si unus ex decem forisfecerit novem ad rectum eum haberent quod si aufugeret daretur lege terminus ei 31. dierum ut quaesitus interim inventus ad justitiam Regis adduceretur de suo illico restauraret damnum quod fecerat Etsi ad hoc forisfaceret de corpore suo justitia fieret Sed si infra praedictum terminum invenire non posset c. as in the book Bracton maketh mention of Fridburgum lib. 3. tract 2. cap. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes armigeres sc dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos Armigeros alios sibi servientes Quod si cui forisfecerint ipsi domini sui habeant cos ad rectum si non habucrint solvant pro cis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastu Out of these words I learn the reason why great men were not combined in any ordinary Dozeine and that is because they were a sufficient assutance for themselves and for their menial servants no lesse than the ten were one for another in ordinary Dozeins See Frank pledge See Skene de verborum significatione verb. Freiborgh Fleta writeth this word Fruhborgh and useth it for the principal man or at the least for a man of every Dozein Frithborgh saith he est laudabilis homo testimonit liber vel servus per quem omnes juxta
ipsum commorantes firmiorâ— pace sustententur sub stabilitate fidejussionis ejus vel alterius per denarium numerum unde quilibet quasi plegius alterius ita quod si unus feloniam fecerit novem tenentur ipsum ad standum recto praesentare Lib. 1. cap. 47. sect Frithborgh See Roger Hoveden parte poster suorum annal in Henrico secundo fol. 345. a.b. Frier frater cometh of the French frere there be four orders reckoned of them anno 4 H. 4. cap. 17. viz. Minors Augustines Preachers and Carmelices the four principal orders of which the rest descend See in Zechius de Repub. Ecc. pa. 380. Look Linwood titule de relig domibus cap. 1. verbo Sancti Augustin Frier observant frater observans is an order of Franciscans for the better understanding or whom it is to be noted that of those four orders mentioned in the word Frier the Franciscans are minores tam Observantes quam conventuales Capuchini Zecchus de Repub. Eccl. tract de regular cap. 2. These Friers observants you find sooken of anno 25 H. 8. cap. 12. who be called observants because they are not combined together in any Cloyster Covent or Corporation as the conventuals are but onely tye themselves to observe the Rites of their Order and more strictly than the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places and companies of their own chusing And of these you may read Hospinian de orig progress Monachatus fol. 878. cap. 38. Friperer is taken from the French fripier interpolator one that scowreth up and cleanseth old apparel to sell again This word is used for a bastardly kind of broken anno 1 Jacob. cap. 21. Frithborgh See Freeborgh Frithsoken signifieth surety of defence as Saxon saith in the description of England cap. 12. It seemeth to come of these two Saxon words frith or frid or fred i. pax and soken i. quaerere Fleta tearmeth it frithsokne vel forsokne yeelding this reason Quòd significat libâ—rtatem habendi franci plegii FU Fuer fuga cometh of the French fuir i. fugere though it be a verb yet it is used substantively in our Common law and is twofold fuer in feit in facto when a man doth apparently and corporally flye and fuer in ley in lege when being called in the County he appeareth not until he be out-lawed for this is flight in interpretation of Law Stawnf pl. cor lib. 3. cap. 22. Fugitives goods bona fugitivorum be the proper goods of him that flyeth upon Felony which after the flight lawfully found do belong to the King Coke vol. 6. fol. 109. b. Furlong ferlingum terrae is a quantity of ground containing twenty Luggs or Poles in length and every Pole sixteen foot and a half eight of which Furlongs make a Mile Anno 35 Edward prim cap. 6. It is otherwise the eighth part of an Acre See Acre In the former signification the Romans call it stadium in the larter jugerum This measure which we call a Pole is also called a Perch and differeth in length according to the custome of the Countrey See Perch Furre furrura cometh of the French fourrer i. pelliculare to line with skinnes Of Fur I find divers strange kinds in the Statute anno 24 H. 8. cap. 13. as of Sables which is a rich Fur of colour between black and brown being the skin of a beast called a Sable of quantity between a Pole-cat and an ordinary Cat and of fashion like a Pole-cat bred in Russia but most and the best in Tartaria Lucerns which is the skin of a Beast so called being neer the bignesse of a Wolf of colour between red and brown something mailed like a Cat and mingled with black spots bred in Muscovia and Russia and is a very rich Fur. Genets that is the skin of a beast so called of bignesse between a Cat and a Weezle mailed like a Cat and of the nature of a Cat bred in Spain Whereof there be two kinds black and gray and the black the more precious Fur having black spots upon it hardly to be seen Foines is of fashion like the Sable bred in France for the most part the top of the Fur is black and the ground whitish Mattern is a beast very like the Sable the skin something coarser it liveth in all Countries that be not too cold as England Ireland c. and the best be in Ireland Miniver is nothing but the bellies of Squirels as some men say others say it is a little vermin like unto a Weezle milk white and cometh from Moscovie Fitch is that which we otherwise call the Pole-cat here in England Shanks be the skin of the shank or leg of a kind of Kid which beareth the Fur that we call Budge Calaber is a little Beast in bignesse about the quantity of a Squirrel of colour gray and bred especially in High Germanie G GA GAbel gabella gablum cometh of the French gabelle i. vectigal and hath the same signification among our old Writers that gabelle hath in France for M. Cambden in his Britannia pag. 213. speaking of Wallingford hath these words Continebat 276. hagas i. domos reddentes novem libras de gablo and pag. 228. of Oxford these Haec urbs reddebat pro telonto gablo aliis consue udinibus per annum Regi quidem viginti libras sex sextarios mellis Comiti verò Algaro decem libras Gabella a Cassanaeus defineth it de consuet Burgund pag. 119. Est vectigal quod solvitur pro bonis mobilibus id est pro hiis quae vehuntur distinguishing i. from Tributum quia tributum est p opriè quod fis co vel Principi solvitur pro rebus immobilibus Gage vaedium cometh of the French gager i. dare pignus pignore certare and is it self a French word nothing changed but in pronunciation It signifieth with us also a pawn or pledge Glanvile lib. 10. cap 6. where he saith thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles and a little after that thus Invadtatur res quandoque ad terminum quandoque sine termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non And from that Chapter to the end of the twelfth in the same book he handleth this only thing Though the word gage be retained as it is a substantive yet as it is a verb the use hath turned the G. into W. so as it is oftner written wage as to wage deliverance that is to give security that a thing shall be delivered For if he that distrained being sued have not delivered the Cattel that were distrained then he shall not onely avow the distresse but gager deliverance i. put in surety that he will deliver the Cattel distrained Fitzh nat br fol. 74. D. 67. F. whom see also fol. 67. F. G. yet in some cases he shall not be tyed to make this security as if the Cattel
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
peril toward the sea side as Porchmouth c. Of these you shall read anno 18. Edward 3. stat 2. ca. 7. anno 25. ejusd stat 5. ca. 8. Hoghenhine is he that commeth guestwise to an house and lieth there the third night After which time he is accounted of his family in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. ca. 10. In the Laws of king Edward set forth by Master Lambert he is called Agenhine where you may read more of this matter Hithe hitha is a petty haven to land wares out of vessels or boats New book of Entries fol. 3. colum 3. HO Hogshead is a measure of wine or oyle containing the fourth part of a tun that is 63 gallons an 1. R. 3. ca. 13. Holstings see Hustings Homage Homagium is a French word signifying Fidem clientularem For in the original grants of land and tenements by way of fee the Lord did not only tye his tenents or feed men to certain services but also took a submission with Promise and oath to be true and loyal to him as their Lord and Benefactor This submission was and is called homage the form whereof you have in the second Statute anno 17. Edw. 2 in these words when a free man shall doe homage to his Lord of whom he holdeth in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the land I hold of you saving the faith that I do owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the fee for which homage is due taketh homage of every tenent as he cometh to the land or fee. Glanvile lib. 9. cap. 1. except they be women who perform not homage but by their husbands yet see Fitzherbert that saith the contrary in his nat br fol. 157. F. Read Glanvile more at large in the said first Chapter with the second third and fourth The reason of this M. Skene giveth de verbo significatione verbo Homagium viz. because Homage especially concerneth service in warre He saith also that consecrated Bishops do no homage but only fidelity the reason may bee all one And yet I find in the Register orig fol. 296. a. that a woman taking livery of lands holden by Knights service must doe homage but not being jointly infeossed for then she doth only fealtie And see Glanvile in the end of the first chapter of his ninth book touching Bishops consecrated whom he denieth to perform homage to the King for their Baronie but only fealty Fulbeck reconcileth this fol. 2C a. in these words By our law a religious man may doe homage but may not say to his Lord Ego devenio home vester because he hath professed himself to be only Gods man but he may say I do unto you homage and to you shall be faithfull and loyall See of this Britten cap. 68. Homage is eithes new with the fee or ancestrel that is where a man and his Ancestors time out of mind have held their lands by homage to their Lord whereby the Lord is tied to warrant the land unto his tenent Newterms of the Law This homage is used in other Countries as well as ours and was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene divideth it into liegium non liegium de verb. signif v. Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime used for the jury in the Court Baron Smith de Repub Anglo lib. 2. cap. 27. the reason is because it consisteth most commonly of such as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae sive curiis sive domus sic dicuntur enim convassalli sive compares qui ab eodem patrono feudum receperunt vel qui in eodem territorio feudum habeut Hotoman Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy where you shall understand of other sorts of homage used by them and strange unto us Whereunto join Hotoman disputat de feudis in divers places and namely Columna 860. c. hiis verbis Deinceps de nota lâ—ommii feudal tiae subjectionis videamus Omnium quidem video esse commune ut dexter as tanquam in soedei ibus jungerent plerumqne etiam ut dexteris aversis osculum praebereut interdum ut ambas manus junctas patrono contrectandas praeberent supplicum et deditiorum nomine qui velatas manus porrigebant And pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constisutum est Quod ex Anglico Littletoneo intelleximus ut hominium servili et suppliciveneratione ac planè tanquam à dedititiis praestetur Nam vasallus discinctus nudo capite ad pedes sedentis patroni pro ectus ambas manus junctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here veâ—io in tuum hominium et sidem et homo tuus fio ore et manibus tibique juro ac spondeo sidelem me tibi fâ—lis um eorum fendorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. g. 822. s et 857. b et d. et f. of homage in Scotland read M. Skene de verb. signtf verbo Homaegium To whom you may also joyn a plentiful discourse in speculo Durandt commonly called speculator among the Civilians tit De feudis Homagio respectuando is a writ to the escheator commanding him to deliver seisin of lands to the heir that is at full age notwithstanding his homage not done which ought to be performed before the heir have livery of his lands except there fall out some reasonable cause to hinder it Fitzher nat br fol. 269. Homine eligendo ad custodiendam peciam figilli pro mercatoribus aediti is a writ directed to a Corporation for the choice of a new man to keep the one part of the Seal appointed for Statutes Merchant when the order is dead according to the Statute of Acton Burnel Regist original fol. 178. a. Homine replegiando is a writ for the bayl of a man out of prison which in what cases it lieth and what not see Fitz. natura brev fo 66. See also the Register origin fo 77. See the new book of Entries verto Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. orig fo 79. a. See Withernam Fomicide homicidium is the slaying of a man and it is divided into voluntary and
The site of this College is the Castle of Windsour with the chapel of Saint George erected by Edward the Third and the Chapter house in the said Castle Howbeit the yearly Solemnity or Prfoession may be and is by the Soveraigns direction performed at the Court wheresoever it lyeth upon Saint Georges day Master Camden saith that this order received great ornament from Edward the fourth See M. Ferns glory of Generosity pag. 120. See Garter Hospinian in his book de origine progressu Monachatiu maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may read cap. 307. as also Bernardus Girardus in his historie lib. 15. cap. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a Sword in the ceremony of his creation Ferns glorie of generositie pag. 105. These are spoken of anno 8 Edw. 4. cap. 2. But I had an old Monument lent me by a friend whereby it appeareth that these knights were so called of a Bath into the which after they had been shaven and trimmed by a Barber they entered and thence the night before they were Knighted being well bathed were taken again by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and led through many solemn ceremonies viz. confessing their sins watching and praying all night in a Church or Chapel with many other to the order of knighthood the next day So that by the same reason these seemed to be tearmed knights of the Bath by which knights made out of the field in these dayes are called knights of the Carpet because in receiving their Order they commonly kneel upon a carpet Knights of the Order of S. John of Jerusalem Milites Sancti Johannis Hierosolumitani were otherwise called knights of the Rhodes beeing an Order of knighthood that had beginning about the year of the Lord 1120. Honorius then Pope of Rome Cassanaeus de Gloria Mundi parte 9. Consideratione 4. And Master Fern in his Glory of Generosity pag. 127. They had their primary foundation and chief aboad first in Hierusalem and then in Rhodes where many of them lived under their Principal called the Master of Rhodes untill they were expelled thence by the Turk Anno 1523. Siâ—hence which time their chief Seat is at Malta where they have done great exploits against the Infidels but especially in the year 1595. These though they had their beginning and especiallest aboad first at Hieruâ—alem and next in Rhodes yet they encreased both in number and Revenues living after the Order of Friers under the rule of Saint Augustine and were dispersed into France Spain Alverne Campany England and Ireland Of these mention is made in the Statute Anno 25 Her 8. cap. 2. and anno 26 ejusdem cap. secundo And it appeareth that they in England had one general Prior that had the government of the whole Order within England and Scotland Regist. orig fol. 20. b. But towards the end of Henry the eighths daies they in England and Ireland being found overmuch to adhere to the Bishop of Rome against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described you may read in the Treatise intituled the Book of Honor and Arms lib. 5. cap. 18. written by Master Richard Johnes Knights of the Rhodes anno 32 H. 8. cap. 24. See Knights of the Order of S. John Knights of the Temple otherwise called Templers Templarii was an Order of Knighthood created by Gelasius the Pope about the year of our Lord 1117. and so called because they dwelt in a part of the buildings belonging to Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pilgrims charitably and in their Armor led them through the Holy Land to view such things as there were to be seen without fear of Infidells adjoining This Order continuing and increasing by the space of 200 years was far spread in Christendom and namely here in England But at the last the chief of them at Hierusalem being as some men say found to fall away to the Sarazens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Edward the 1. daies and their substance given partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mundi parte 9. Consid 5. And see anno prim Edw. 1. cap. 24. Others write that in truth their destruction grew from leaning to the Emperour against the Pope of Rome whatsoever was pretended Joach Stephanus de jurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parliament and be two Knights or other Gentlemen of worth that are chosen in pleno Comitaâ—u by the Freeholders of every County that can dispend 40 shillings per annum and be resident in the Shire anno 10 H. 6. cap. 2. anno 1 H. 5. cap. 1. upon the Kings Writ to be sent to the Parliament and there by their Counsel to assist the common proceedings of the whole Realm These when every man that had a Knights fee were custumarily constrained to be a Knight were of necessity to be mlietes gladio cincti for so runneth the tenure of the writ at this day Crompton Jurisdict fo pri But now there being but few Knights in comparison of former times and many men of great livings in every County Custom beareth that Esquires may be chosen to this Office anno 23 H. 6. cap. 6. so that they be resident within the County anno H. 6. cap. 7. anno 1 H. 5. cap. prim For the observations in choise of these Knights see the Statutes anno 7 H. 4. cap. 15. anno 11 ejusdem cap. 1. anno 6 Hen. 6. cap. 4. anno 23 H. 6. ca. 15. and the new Book of Entries verbo Parliament nu 1. Their expences during the Parliament are born by the County anno 35 Hen. 8. cap. 11. Knight Marshal Marescallus hospitii regâ—i is an Officer in the King House having jurisdiction and cognisance of any transgression within the Kings House and Verge as also of Contracts made within the same House whereunto one of the House is a party Regist orig fo 185. a b. et fo 191. b. whereof you may there read more at large Knights fee feudum militare is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry thirds daies was 15 pounds Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres eodem But Sir Thomas Smith in his Repub Ang. li. prim cap. 18. rateth it at forty pound And
those which were formerly in use that King Henry the third was thought but hardly to yield unto it that to have the 15th peny of all the movable goods both of the Spiritualty and Temporalty throughout his Realm Holinshed in Hen. the 3d. And though this Charter consist not of above 37 Charters of Laws yet is it of such extent as all the laws we have is thought in some sort to depend of it Polydor. and Holinshed ubi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbor significat verbo Machanium and signifieth a corporal hurt whereby a man loseth the use of any Member that is or might be any defence unto him in Battel The Canonists call it Membrimutilationem as the eye the hand the foot scalpe of the head his foretooth or as some say of any finger of his hand Glanvile lib. 14. cap. 7. See Bracton at large lib. 3. Tractat. 2. cap. 24. num 3. and Britton cap. 25. and Stawnf pl. cor lib. 1. cap. 41 and the new exposition of Law-terms and the Mirrour of Justices cap. d'Homicid The grand Customary of Normandy cap. 6. calleth it Mahaignium and defineth it to be Enormen laesionem All agree that it is the losse of a Member or the use thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus Est pars corporis habens destinatam operationem in corpore where you may read more of this point But if you will see it largely discussed look Ugolinus de irregularitatibus cap. 4. sect 3 4 5. also read M. Skene ubi supra Mainour aliâs manour aliâs meinoure seemeth to come of the French manier i. manu tractare attrectare or else of Amener i. abducere It signifieth in our Common law the thing that a Thief taketh away or stealeth As to be taken with the Manour Pl. cor fo 179 is to be taken with the thing stollen about him again fo 194. It was presented that a Thief was delivered to the Viscount together with the Mainour And 3ly fo 186 If a man be indicted that he feloniously stole the goods of another where in truth they be his own goods and the goods be brought into the Court as the Mainour and it be demanded of him what he saith to the goods and he disclaim them though he be quitted of the felony he shall lose the goods And again fo 149. If the Defendant were taken with the Manour and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any appeal or inditement I find this word used in the Old nat brev fol. 110. in this sort where a man maketh a thing by Manour or leavying or estopping in such Case he shall have assise where it signifieth handy labour and is but an abbreviation of Mainovery Mainvre see Minoverye Mainprise manucaptio is compounded of two French words Main 1. manus and prius id est captus which is a participle of the verb prendre id est capere excipere captare It signifieth in our common Law the taking or receiving a man into friendly custody that otherwise is or might be committed to the mercy of the prison upon security given for his forth-comming at a day assigned as to let one to mainprise Old nat bre f. 42. is to commit him to them that undertake his appearance the time appointed And they that do thus undertake for any are called Mainpernours because they do receive him into their hands Pl. Co. fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an Offence as by law he may be thus bayled for in many Cases a man is not mainpernable whereof see Brook titulo Mainprise per totum and Fitzh nat brev fol. 249. seq Master Manwood in his first part of his Forest laws pa. 167. maketh a great difference between Bayl and Mainprise For he that is mainprised quoth he is alwaies said to be at large and to go at his own liberty out of ward after the day is set to mainprise untill the day of his appearance by reason of the said several summons or otherwise But otherwise it is where a man is let to bayl to four or two men by the Lord Justice in Eyr of the Forest untill a certain day For there he is alwaies accounted by the Law to be in their ward and custody for the time And they may if they will keep him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the Law to be at large or at his own liberty Thus far Master Manwood The Myrrour of Justices maketh a difference also between pledges and Mainpernours saying that pledges are more general and that Mainpernours are body for body lib. 2. c. de Trespass veniall and lib. 3. cap. des Pledges and Mainpernours When Mainprises may be granted and when not see Cromptons Justice of Peace fol. 136 c. usque 141. and Lambert Eirenarch lib. 3. cap. 2. pag. 336 337 338 339 340. See also Britton fol. 73. a. cap. des Pledges Mainpernours The Author of the Mirrour of Justices saith that Pledges be those that bayl or redeem any thing but the body of a man and that Mainpernours be those that free the body of a man And that Pledges therefore belong properly to real and mixt actions and Mainpernours to personal Maintenance manutentio vel manutenentia is a French word and signifieth an upholding of a cause or person metaphorically drawn from the succouring of a young Child that learneth to go by ones hand In our Common law it is used in the evill part for him that secondeth a Cause depending in sute between others either by lending of mony or making Friends for either party toward his help Anno 32 Hen. 8. cap. 9. And when a mans act in this kind is by Law accounted Maintenance and when not See Brook titulo Maintenance and Kitchm fol. 202 seq and Fitzh natura brev fo 172. and Cromptons Jurisdictions fol. 38. The writ that lieth against a Man for this offence is likewise called Maintenance Terms of the Law verbo Maintenance Special Maintenance Kitchin fol. 204. seemeth to be maintenance most properly so termed Of this see Cromptons Justice of peace fo 155. b. and the New Book of Entries verbo Maintenance Maintenance v. Novos terminos juris Make facere signifieth in the Common law to perform or execute as to make his Law is to perform that law which he hath formerly bound himself unto that is to clear himself of an Action commenced against him by his oath and the Oaths of his Neighbours Old nat brev fol. 161. Kitchin fol. 192. Which Law seemeth to be borrowed of the Feudists who call these men that come to swear for another in this Case Sacramentales Of whom thus saith Hotoman in verbis Feudal
at least the remedy for the same is likest there to be had by some sodain inrode and happing of such recompence of the injury received as may most conveniently be lighted upon See Reprisalls See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifying originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertum est nisi quod Gothicum vocabilum putamus And afterwards thus Hujusmodi Marchionum sive ut nos appellamus Margraphiorum origo in limitaneos praepositos sive duces referenda Margraphii dicti quòd limitibus quos vulgo marken appellamus graphii td est praepositi fuerunt c. For in those Territories that have naturally no bounds of great strength or defence there is need of wise and stout men toward their borders for the keeping out of Neighbour enemies But here in England though we have a L. Warden of the Marches northward and a Warden of the Cinque Ports toward the South-east and were wont to have Lord Marchers between us and Wales that served this turn yet those which we call Marquises are Lords of more dignity without any such charge and are in honor and account next unto Dukes At this day I know but one in England and that is the Marques of Winchester being of that noble family of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a Lawyer of great account that lived in Henry the seventh this daies whose learned Readings are extant but not in print Lambert Eirenarch lib. 1. cap. 1. Marterns see Furre Master of the Rolls Magistri rotulorum is an Assistant unto the Lord Chancellour of England in the High Court of Chancery and in absence heareth Causes there and giveth Orders Cromptons Jurisdiction fol. 41. His Title in his Patent as I have heard is Clericus parvae bagae Custos rotulorum domus conversorum This Domus conversorum is the place where the Rolls are kept so called because the Jews in ancient time as there were any of them brought to Christianity were bestowed in that House seperately from the rest of their Nation But his office seemeth originally to have sprung from the safe keeping of the Rolls or Records of Indictments passed in the Kings Courts and many other things He is called Clark of the Rolls anno 12 Rich. 2. cap. 2. and in Fortescue his Book cap. 24. and no where Master of the Rolls untill anno 11 H. 7. cap. 20. and yet an 11. ejusdem cap. 25. he is also called Clark In which respect Sir Thomas Smith l. 2. cap. 10. de Repub Angl. well saith That he might not unfitly be called Custos Archivorum He seemeth to have the bestowing of the offices of the six Clarks anno 14 15 Henry the eight cap. 1. Master of the Mint an 2 Hen. 6. cap. 14. he is now called the warden of the Mint whose office see in Mint Master of the Court of Wards and Liveries is the chief principal officer of the Court of Wards and Liveries named and assigned by the King to whose Custody the Seal of the Court is committed He at the entring upon his office taketh an oath before the Lord Chancellor of England well and truly to serve the King in his Office to minister equal Justice to rich and poor to the best of his cunning wit and power diligently to procure all things which may honestly and justly be to the Kings advantage and profit and to the augmentation of the rights and Prerogative of the Crown truly to use the Kings Seal appointed to his Office to endeavour to the uttermost of his power to see the King justly answered of all such profits rents revenues and issues as shall yearly rise grow or be due to the King in his Office from time to time to deliver with speed such as have to do before him not to take or receive of any person any gift or reward in any Case or matter depending before him or wherein the King shall be party wherby any prejudice losse hinderance or disherison shall be or grow to the King an 33 H. 8. cap. 33. Master of the Horse is he that hath the rule and charge of the Kings stable being an Office of high account and alwaies bestowed upon some Noblemen both valiant and wise This Officer under the Emperors of Rome was called Comes sacri stabuli The master of the Horse is mentioned anno 39 Eliz. ca. 7. and an 1 Edw. 6. cap. 5. Master of the Posts is an Officer of the Kings Court that hath the appointing placing and displacing of all such through England as provide Post horse for the speedy passing of the K. messages other businesses in the thorow-fair towns where they dwel as also to see that they keep a certain number of convenient Horses of their own and when occasion is that they provide others therewith to furnish such as have warrant from him to take Post-horses either from or to the Seas or other borders or places within the Realm He likewise hath the care to pay them their wages and make their allowance accordingly as he shall think meet This Officer is mentioned an 2 E. 6. cap. 3. Master of the Armoury is he that hath the care and oversight of his Majesties Armour for his person or Horses or any other provision or store thereof in any standing Armouries with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39 Elizabeth cap. 7. Master of the Jewel-house is an Officer in the Kings houshold of great credit being allowed bouge of Court that is dyet for himself and the inferiour Officers viz. Clarks of the Jewel-house and a special lodging or Chamber in Court having charge of all plate of Gold of Silver double or parcel guilt used or occupied for the Kings or Queens board or to any Officer of account attendant in Court and of all Plate remaining in the Tower of London of Chains and loose Jewels not fixed to any garment Mention is made of this Officer an 39 Eliz. c. 7. Master of the Kings Houshold magister hospitii is in his just Title called Grant master of the Kings Houshold and beareth the same Office that he did that was wont to be called Lord Steward of the Kings most honourable Houshold anno 32 Henry 8. cap. 39. Whereby it appeareth that the name of this Officer was then changed and Charles Duke of Suffolk President of the Kings Councel then enjoying that office was so to be called ever after so long as he should possess that office Master of the Ordinance anno 39 Eliz. ca. 7. is a great officer to whose care all the Kings Ordinance and Artillery is committed being some great man of the Realm and expert in marshal affairs Master of the Chancery Magister Cancellariae is an assistant
Mese See Mease Measn med us seemeth to come from the French maisnè i. minor natu it signifieth in our Common law him that is Lord of a manour and thereby hath Tenents holding of him yet holding himself of a Superiour Lord. And therefore it seemeth not absurdly to be drawn from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and Tenent the Tenent holding of the mesn by the same services whereby the mesn holdeth of the Lord and the Tenent of the mesn is distrained by the superiour Lord for that his service or rent which is due to the Mesn Fitzherbert nat brev fol. 135. See Mesnaltie Mesnaltie medietas cometh of Mesn and signifieth nothing but the right of the Mesntas the Mesnaltie is extinct Old nat br fol. 44. if the Mesnaltie descend of the Tenent Kitchin fol. 147. For farther understanding whereof take these words out of the Custumary of Norm Medietate tenentur feuda quando aliqua persona intervenerit inter Donimum tenentes Et hoc modo tenent omnes postnati mediante ante nato Messenger of the Exchequer is an officer there of which sort there be four in that Court that be Pursuivants attending the lord Treasurer to carry his Letters and Precepts See Pursuivant Mesuage mesuagium is a dwelling house West parte 2. symb titulo Fines Sect. 26. But by the name of a mesuage may passe also a Curtilage a Garden an Orchard a Dove-house a Shop a Mill as parcel of an house as he himself confirmeth out of Bracton lib. 5. cap. 28. Sect. prim and Plowden fol. 199. 170 171. and of himself he avoncheth the like of a Cottage a Tost a Chamber a Celler c. yet may they be demanded by their single names Mesuagium in Scotland signifieth the principal dwelling place or house within a Baronie which in our land is called a Manor house Skene de verb. signific verbo Mesuagium where he citeth Valentine Leigh that in his Book of Survey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or Court Hall thereof to be called Site in Latin called Situs MI Mile miliare is a quantity of a thousand paces otherwise described to contain eight Furlongs and every furlong to contain Forty lugs or poles and every lug or pole to contain 16. foot and a half anno 35 Eliz. cap. 6. Mildervix anno 1 Jacob. cap. 24. Mindbruch is hunting of honour and worship Saxon in his description of England ca. 71. Miniver See Furre Minoverie anno 7 R. 2. ca. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie-work in the Forest as an engine to catch Deer Briton useth the verb meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handie-work It is not unlike that our English manure is abbreviated of the French Mint cometh of the German word meunk i. pecunia moneta and it signifieth with us the place where the Kings Coin is formed be it Gold or Silver which is at this present and long hath been the Tower of London though it appear by divers Stories and other Antiquities that in antient times the Mint hath been also at Caleis an 21 R. 2. cap. 16. an 9 H. 5. stat 5. cap. 5. The Officers belonging to the Mint have not been alwayes alike At this present they seem to be these The Warden who is the chief of the rest and is by his office to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to this function His fee is an hundred pounds per annum The Master-worker who receiveth the Silver from the Warden causeth it to be melted and delivereth it to the moniers and taketh it from them again when it is made His allowance is not any set fee but according to the pound weight The third is the Controller who is to fee that the money be made to the just assise to over-see the officers and controll them if the money be not as it ought to be his fee is one hundred markes per annum Then is the Master of Assay who weigheth the Silver and seeth whether it be according to standard his yeerly fee is also an hundred markes Then is the Auditor to take the accompts and make them up Auditor-like Then is the Surveyor of the melting who is to see the Silver cast out and not to be altered after it is delivered to the Melter which is after the Assay master hath made trial of it Then is the Clerk of the Irons who seeth that the Irons be clean and fit to work with Then the Graver who graveth the stamps for the moneys Then the Smiters of Irons who after they be graven smiteth them upon the money Then the Melters that melt the Bullion before it come to the coyning Then the Blanchers who do aneal boyl and cleanse the money The Porter who keepeth the gate of the mint The Provost of the mint who is to provide for all the moniers and to over-see them Lastly the moniers who are some to sheer the money some to forge it some to beat it abroad some to round it some to stamp or coin it Their wages is not by the day or year but uncertain according to the weight of the money icoyned by them Other officers that have been n former time are said now to be out of use Misaventure or misadventure cometh neer the French mesadventure i. infortunium In out Common law it hath an especial signification for the killing of a man partly by negligence and partly by chance As if one thinking no harm dissolutely throweth a stone wherewith he killeth another or shooreth an arrow c. For in this case he committeth not felony but only loseth his goods and hath pardon of course for his life Stawnf pl. cor lib. 1. ca. 8. Britton ca. 7. distinguisheth between Aventure and misaventure Aventure he maketh to be meere chance as if a man being upon or neer the water be taken with some sodain sicknesse and so fall in and is drowned or into the fire and be burned to death Misaventure hee maketh where a man cometh to his death by some outward violence as the fall of a tree or of a gate the running of a cart-wheel the stroke of a horse or such like So that misaventure in Stawnfords opinion is construed somewhat more largely than Britton understandeth it West parte 2. symbol titulo Inditement sect 48. maketh homicide casual to be meerly casual or mixt Homicide by meer chance he defineth sect 49. to be when a man is slain by meer fortune a gainst the mind of the killer as if one hewing the Axe flieth oft the haft and killeth a man And this is all
The rest touching this writ see in Fitzh nat brev fol. 75. See Misericordia Modo forma are words of Art in a Process and namely in the answer of the Defendant whereby he denyeth himself to have done the thing laid to his charge modo forma declarata Kitchin fol. 232. It signifieth as much as that clause in the Civil law Negat allegata prout allegantur esse vera Moitie commeth of the French moitiè id est coaequa vel media pars and signifieth the half of any thing Littleton folio 125. Monks Cloths anno 20 Hen. 6. cap. 20. Moniers monetarii Regist orig fol. 262. b. anno 1 Edw. 6. ca. 15. be ministers of the Mint which make and coyn the Kings mony It appeareth by some Antiquity which I have seen that in antient times our Kings of England had Mints in most of the Countries of this Realm And in the Tractate of the Exchequer written by Ockham I find that whereas Sheriffs ordinarily were tyed to pay into the Exchequer the Kings Sterling for such debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any sort of mony so it were silver And the reason is there given because those two Shires monetarios de antiqua institutione non habent Monstrance de droyt is as much as to say as shewing of his right It signifieth in our Common law a sute in Chancery to be restored to Lands or Tenements that indeed be mine in right though they were by some office found to be in possession of another lately dead See Stawnf praerog cap. 21. at large and Broke titulo Petition Of this also read Sir Edward Cokes Reports lib. 4. fo 54. b. c. The Wardens of the Sadlers Case Monstraverunt is a writ that lieth for tenents that hold freely by Charter in antient Demean being destreined for the payment of any toll or imposition contrary to their liberty which they do or should enjoy which se in Fitzh na br f. 14. Moriam is all one in signification with the French morion i. cassis a head-piece which word the Frenchman borroweth from the Italian morione anno 4 5 Phil. Mar. cap. 2. Morling aliâs mortling seemeth to be that wool which is taken from the skin of a dead sheep whether dying of the rot or being killed anno 27 H. 6. c. 2. This is written Morkin an 3 Jac. c. 18. Mort d'ancester See Assise Mortgage mortuum vadium vel mortgagium is compounded of two French words mort id est mors and gage id est pignus merces It signifieth in our Common law a pawn of land or tenement or any thing moveable laid or bound for mony borrowed peremptorily to be the Creditours for ever if the mony be not paid at the day agreed upon And the Creditour holding land or tenement upon this bargain is in the mean time called Tenent in mortgage Of this we read in the grand Customary of Normandy ca. 113. in these words Notandum insuper est quod vadiorum quoddam vivumqu oddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat ut terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis proventibus acquiratur ut terra tradita in vadium pro centum solidis usque tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de ejusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant So you see by both these Books that it is called a dead gage because whatsoever profit it yieldeth yet it redeemeth not it self by yielding such profit except the whole sum borrowed be likewise paid at the day See Skene de verb. significat eodem He that layeth this pawn or gage is called the Mortgager and he that taketh it the Mortgagee West parte 2. symb titulo Fines Sect. 145. This if it contain excessive usury is prohibited anno 37 H. 8. c. 9. Morimain manus mortua is compounded of two French words mort i. mors and main i. manus It signifieth in the Common law an alienation of Lands or Tenements to any Corporation Guild or Fratemity and their Successors as Bishops Parsons Vicars c. which may not be done without licence of the King and the Lord of the Manor The reason of the name proceedeth from this as I conceive it because the services and other profits due for such lands as Escheats c. commeth into a dead hand or into such a hand as holdeth them and is not of power to deliver them or any thing for them back again Magna Charta cap. 36. anno 7 Ed. pri commonly called the Statute of Mortmain and anno 18 Edw. 3. statut 3. cap. 3. anno 15 Rich. 2. cap. 5. Polydor. Virgil in the seventeenth Book of his Chronicles maketh mention of this Law and giveth this reason of the name Et legem hanc manum mortuam vocarunt quòdres semel datae collegiis sacerdotum non utique rursus venderentur velut mortuae hoc est usui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic ut nihil possessionum ordini sacerdotali à quoquam detur nisi Regio permissu But the former Statutes be something abridged by anno 39 Elizabeth cap. 5. by which the gift of land c. to Hospitals is permitted without obtaining of Mortmain Hotoman in his Commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An usus fructus 56. D. de usufr ligat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Judiciis Haec Hotomanus and read the rest Amortizatio est in manum mortuam trar slatio Principis jussu Petrus Belluga in speculo principum fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may read a learned Tractate both of the beginning and nature of this Doctrine To the same effect you may read Cass de consuet Burg. pag. 348 387 1183 1185 1201 1225 1285 1218 1274. M. Skene de verbo signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive univer sitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu Ã
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep the peace of the Holy Church and of the Clergy and of the people with good accord and that he shall doe in all his judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal
eamque ab Imperatore Constantino repetitam ut Ducibus praefectis tribunis qui pro augendo Imperio consenuerant darentur agri villâ—que at necessaria suppeterent quoad viverent quas parochias vocabant And a little after verum inter feuda et parochias hoc interest quod kae plâ—rumque senthus et veteranis plerisque emeritae militiae dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum uasceretur evocari non tam milites quam magistr militum viderentur Feuda vero plurimum Juvenibus robustis primo flore aetatis qui militiae munus sustinere poterant imovero ut possent ut vellent c. Parlament parlamentum is a French word signifying originally as much as Collocutio or colloquium but by use it is also taken for those high Courts of Justice throughour the Kingdome of Frauce where mens causes and differences are publickly determined without farther appeal Whereof there be seven in number as Paris Tolouse Gresnoble in Daulphine Aix in Provence Bordeaux Dijon in Bourgogn and Roan in Normandy Vincentius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Hailon addeth the eighth viz. Rhenes in Brettagne In England we use it for the assembly of the King and the 3 Estates of the Realm viz. the Lords Spiritual the Lords temporal and Commons for the debating of matters touching the Common-wealth and especially the making and correcting of Laws which assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thom. Smith de Repub. Auglo l. c. 1. 2. Camd. Britan. pag. 112. and Crompions Jurisd fol. pri seq The institution of this Court Polydor Virgil lib. 11. of his Chronicles referreth after a fort to Henry the first yet confessing that it was used before though very seldome I find in the former Prologue of Grand Customary of Normandy that the Normans used the same means in making their Lawes And I have seen a Monument of Antiquity shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred which as my note saith was delivered by the descreeter sort of the Realm unto William the Conquerour at his commandement and allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex rege solo primus gradus est Secundus gradus est ex Archieviscapis Episcopis Abbatibus Prioribus per Bavoniam tenentibus Tertius gradus est de procuratoribus cleri Quâ—rtus gradus est de Comitibus Baronibus al is Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est Parlamentum ex sex gradibus sed scienduml cet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nihilo minus censetur esse plenum Touching the great authority of this Court I find in Stowes Annals pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick thereby to discharge him of the Captainship of Callis the Earl refused to obey the Privie Seal and continued forth the said office because he received it by Parliament But one example cannot make good a doctrine And of these two one must needs bee true that either the King is above the Parliament that is the positive lawes of his Kingdome or else that he is not an absolute King Aristotle lib. 3. Politico c. 16. Andtherefore though it be a merciful policy and also a politique mercy not alterable without great peril to make lawes by the consent of the whole Realm because so no one part shall have cause to complain of a partiality yet simply to bind the Prince to or by these lawes were repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5. tract 3. cap. 3. num 3. and Cassan de consuet Burg. pag. 335. and Tiraquel in his book De Nobilitate cap. 20. pag. 68. num 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio and many excellent men more that handle this point That learned Hottoman in his Francogallia doth vehemently oppugn this ground as some other that write in corners but he is so clean overbern by the pois of reason that not only many meaner men for Learning triumph over him in this case but himself as I have credibly heard upon the sight of his fault cryed God and the world mercy for his offence in writing that erroneous and seditious book The Emperours of Rome had their semestria consilia and their praetorium or place of Councel bailded by Augustus in his palace and thereupon called palatinm afterward termed Consistorium where they as in their principull court did both determine the greatest sort of their causes and also made their constitutions And here had they assisting them many of the wisest of their Empire whom Augustus first called Consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enjoyed many privilege Yet were but the assistants to the Emperour to advise him not chalenging any power over him or equal with him More touching the course and order of this Parliament see in Cromptons Jurisd fol. pri seque and Vowel alias Hocker in his book purposely written of this matter See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is used in Kitchin fol. 193. for a plea in Court It is also sometime joyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Parsona cometh of the French Personne It peculiarly signifieth with us the Rector of a Church the reason whereof seemeth to bee because he for his time representeth the Church and sustaineth the person thereof as well in suing as being sued in any action touching the same See Fleta l. 9. ca. 18. Parson imp rsonee parsona impersonata is he that is in possession of a Church whether appropriated or not appropriated for in the new book of Entries ver Ayde in Annuity you have these words Et praedictus A. dicit quod ipse est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent aâ—ionem F. patronissae c. So I have reason to think that persona is the patron or he that hath right to give the Benefice by reason that before the Lateran Councill he had right to the tithes in respect of his liberality used in the erection or endowment of the Church quasi sustineret personam Ecclesiae and hee persona impersonata to whom the benefice is given in the Patrons
want of heirs c. Privy seal privatum sigillum is a seal that the King useth sometime for a warrant whereby things passed the privy signet and brought to it are sent farther to be confirmed by the great Seal of England sometime for the strength or credit of other things written upon occasions more transitory and of less continuance than those be that pass the great seal Privilege privilegium is defined by Cicero in his Oration pro domo sua to be lex privata homini irrogata Frerotus in paratit lis ad titulum decretalâ—um de privilegiis thus defineth it privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur cap. priv legia distinct 3. priva enim veteres dixere quae nos singula dicimus Infit Agellius li. 10. ca. 20. Idiòque privilegia modò beneficia modò personales constitutiones dicuntur c. It is used so likewise in our Common law and sometimes for the place that hath any special immunity Kitchin fo 118. in the words where debters make feigne dgifts and feoffments of their land and goods to their friends and others and betake themselves to privileges c. Privilege is either personal or real a personal privilege is that which is granted to any person either against or beside the course of the Common law as for example a person called to be one of the Parliament may not be arested either himself or any of his attendance during the time of the Parliament A privilege real is that which is granted to a place as to the Universities that none of either may be called to Westminster hall upon any contract made within their own precincts And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery certain cases excepted If he be he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third See the new book of Entries verbo Privilege Probat of Testaments probatio testamentorum is the producting and insinuating of dead mens Wills before the ecclesiastical Iudge Ordinary of the place where the patty dyeth And the Ordinary in this case is known by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Arch-deacon according as their composition or prescription is hath the probat of the Testament if the goods be dispersed in divers Dioceses so that there be any sum of note as five pounds ordinarily out of the Dioces where the party led his life then is the Archbishop of Canterbury the ordinary in this case by his prerogative For whereas in old time the will was to be proved in every Dioces wherein the party deceased had any goods it was thought convenient both to the subject and to the Archiepiscopal See to make one proof for all before him who was and is of all the general ordinary of his Province But there may be antiently some composition between the Archbishop and an inferiour ordinary whereby the sum that maketh the prerogative is above five pound See Praerogative of the Archbishop This probat is made in two sorts either in common form or pertestes The proof in common form is only by the oath of the executor or party exhibiting the Will who sweareth upon his credulity that the Will by him exhibited is the last Will and Testament of the party deceased The proof per testes is when over and beside his oath he also produceth witnesses or maketh other proof to confirm the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they have been lawfully summoned to see such a Will proved if they think good And the later course is taken most commonly where there is fear of strife and contention between the kindred or friends of the party deceased about his goods For a VVill proved only in common form may be called into question any time within thirty years after by common opinion before it work prescription Procedendo is a writ whereby a plee or cause formerly called from a base Court to the Chancery Kings bench or Common plees by a writ of privilege or certiorare is released and sent down again to the same Court to be proceeded in there after it appeareth that the Defendant hath no case of privilege or that the matter comprised in the Bill be not well provided Brook hoc titulo and Terms of the law Cook vol. 6. fol. 63. a. See an 21 R. 2. ca. 11. in fine letters of procedendo granted by the Keeper of the privy seal See in what diversity it is used in the table of the original Register and also of the Iudicial Iâ—roces processus is the manner of proceeding in every cause be it personal or real civil or criminal even from the original writ to the end Britton fol. 138 a. wherein there is great diversity as you may see in the table of Fitz. nat br verbo Proces and Brooks Abridgement hoc titulo And whereas the writings of our Common Lawyers sometime call that the Proces by which a man is called into the Court and no more the reason thereof may be given because it is the beginning or the principal part thereof by which the rest of the business is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divers kinds of Proces upon Inditements before Iustices of the peace See in Cromptons Justice of peace fol. 133 b. 134.135 But for orders sake I refer you rather to M. Lambard is his tractat of Processes adjoined to his Eirenarcha who according to his subject in hand divideth criminal Proces either into Proces touching causes of treason or felony and Proces touching inferiour offences the former is usually a capias capias alià s exigifaciaâ— The second is either upon inditement or presentment or information that upon inditement or presentment is all one and is either general and that is a venire facias upon which if the party be returned sufficient then is sent out a Distringas infinitè untill he come if he be returned with a Nihil babet then issueth out a Capias Capias aliis Capias pluries and lastly an Exigi facias The special proces is that which is especially appointed for the offence by statute For the which he referreth his reader to the eighth chapter of his fourth book being very different Processum continuando is a writ for the continuance of a Proces after the death of the chief Iustice in the writ of oyer and terminer Register original fol. 128. a. Prochein amy proximus amicus vel propinquier is word for word a neer friend It is used in our Common law for him that is next of kinne to a child in his
nonage and is in that respect allowed by law to deal for him in the managing his affairs as to be his Guardian if he hold of any in socage and in the redresse of any wrong done unto him be it by his Guardian if he be ward and hold in Chivalry or any others Stat. West pri cap. 48. 3 Ed. pri and Westm 2. cap. 15. anno 13 Ed. pri Profe alià s Prove is used for an Enquest anno 28 Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publickly given of any thing whereof the King thinketh good to advertise his subjects So it is used anno 7 Rich. 2. cap. 6. Proclamation of rebellion is a publick notice given by the officer that a man not appearing upon a Subpoena nor an attachment in the Starchamber or Chancery shall be reputed a rebel except he render himself by a day assigned Cromptons jurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notize openly and solemnly given at all the Assises that shall be holden in the County within one year after the ingrossing of the fine and not at the four general quarter sessions And these Proclamations be made upon transcripts of the fine sent by the Iustices of the common plees to the Iustices of Assise and the Iustices of peace West part 2. symbo titulo Fines sect 132. where also you may see the form of the Proclamation Proclamare est palam et valde clamare used by Tully Livie and the Civilian Ï€. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causamagit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamaâ—orem aut rebulam hoc sermone conquirimus c. I read in Fitz. nat br fol. 85 C. that the Kings proclamation is sufficient to stay a subject from going out of the Realm See the force of proclamations in an 31 H. 8. c. 8. see also proclamations in divers cases New book of Entries verb. Proclamations Proctors of the Clergy procuratores cleri are those which are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Dioces at the Parliament whose choise is in this sort First the King directeth his writ to the Arch-bishop of each Province for the summoning of all Bishops Deans Arch-deacons cathedral and collegiat churches and generally of all the Clergy of his Province after their best discretion and judgement assigning them the time and place in the said writ Then the Arch-bishops proceed in their accustomed course One example may serve to shew both The Arch-bishop of Canterbury upon his writ received directeth his letters to the Bishop of London as his Dean provincial 1 sect statuimus de poenis verb. tauquam in glos first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Arch-deacons cathedral and collegiate churches and generally all the Clergy of his Province to the place and against the day prefixed in the writ But directeth withall that one Proctor sent for every cathedral or collegiate Church and two for the body of the inferiour Clergy of each Dioces may suffice And by vertue of these Letters authentically sealed the said Bishop of London directeth his like Letters severally to the Bishop of every Diocesse of the Province citing them in like sort and commanding them not only to appear but also to admonish the said Deans and Arch-deacons personally to appear and the Cathedrall and collegiat Churches as also the common clergy of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and every so monished by them in a Shedule annexed to their Letters certificatory The Bishops proceed accordingly and the Cathedrall and collegiat Churches as also the Clergy make choise of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These Proctors of the Clergy howsoever the case of late daies is altered had place and suffrage in the lower house of Parliament as well as the Knights Citizens Barons of the Cinque ports and Burgesses For so it plainly appeareth by the statute anno 21 R. 2. cap. 2. cap. 12. And sithence they were removed the Church hath daily grown weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is used for him that gathereth the fruit of the benefice for another man anno 3 R. 2. stat 1. cap. 2. And procuracy is used for the specialty whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreves and other officers in the Exchequer which is twice in the year anno 51. H. 3. statute quins And it may be gathered also out of the Regist fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I read also of profers anno 32 H. 8. cap. 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 essoynes profers returns and other ceremonies heretofore used and kept In which place profer seemeth to signfie the offer or indeavour to proceed in action by any man whom it concerneth so to do See Britton cap. 2. fol. 50. b. 55. a. fol. 80. b. and Fleta lib. 1. cap. 38. sect Utlagati et seq Profer the half mark See Half mark Profession professio is in the Common law used particularly for the entring into any religious Order of Friers c. New book of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any Court either spiritual or secular to proceed in any cause there depending upon suggestion that the cognition thereof belongeth not to the said Court Fitz. nat br fol. 39. G. but is most usually taken especially in these daies for that writ which lyeth 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 Councel as the Iudge himself and the Register or forbidden to proceed any farther in that cause for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol 93. seq This writ and the praemunire might in these daies well be spared for they were helps to the Kings inheritance and Crown when the two swords were in two divers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weary the subject by many quirks and delays from obtaining his
right of this prohibition you may read Bracton also lib. 5. tract 5. cap. 3 4 5 6 7 8 9 10 11 12. who saith that it lyeth not after sentence given in any cause however the case is altered and again the statute made anno 50 Ed. 3. which ordaineth that above one Prohibition should not lye in one cause See the diversity of prohibitions in the table of the original Regist See the new book of Entries verbo Prohibition and Fitz. na br fol. 39. Prohibtio de vasto directa parti is a writ judicial directed to the tenent and prohibiting him from making waste upon the land in controversie during the sute Register judicial fol. 21. It is sometime made to the Shyreeve the example whereof you have there next following Pro indiviso is a possession and occupation of lands or tenements belonging unto two or more persons whereof none knoweth his several portion as coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the Convocation house prolocutor domus convocationis is an officer chosen by persons Ecclesiastical publikely assembled by the Kings writ at every Parliament And as there be two houses of Convocations so be there two prolocutors one of the higher house the other of the lower house who presently upon the first Assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they mean to deliver their resolutions to the higher house and to have their own house especially ordered and governed His office is to cause the Clerk to call the names of such as are of that house when he sees cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions do defer the names or complain of offenders having part of the profit for their reward These were called among the Romans Quadruplatores or Delatores They belong especially to the Exchequer and the Kings bench Smith de repub Angl. li. 2. ca. 14. Pro patribus liberandis is a writ for the partition of lands between co-heirs Register original fol. 316. Prophecies prophetiae be in our common law taken for wisardly foretellings of matters to come in certain hidden and enigmatical speeches Whereby it falleth out many times that great troubles are stirred in our Common-wealth and great attempts made by those to whom the speech framed either by the description of his cognisance arms or some other quality promiseth good successe anno 3 Ed. 6. cap. 15. anno 7 ejusdem cap. 11. anno 5 Elizab. ca. 15. But these for distinctions sake are called false or phantastical prophecies Property proprietas signifieth the highest right that a man hath or can have to any thing which is no way depending upon any other mans courtesie And this none in our Kingdome can be said to have in any lands or tenements but only the King in the right of his Crown Because all the Lands through the Realm are in the nature of fee and do hold either mediately or immediately of the Crown See Fee This word neverthelesse is in our Common law used for that right in lands and tenements that common persons have because it importeth as much as utile dominium though not directum Proprietate probaenda is a writ See the original Regist fol. 83. a. 85. b. It lyeth for him that will prove a property before the Shyreeve Brooks Property 1. For where a property is alleged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a property in any thing but is most nototiously used for him that hath the fruits of a benefice to himself and his heirs or succescessors as in time past Abbots and Priors had to them and their Successors See Appropriation Pro rata portionis See Onerando prorata portionis Proection protectio hath a general and special signification In the general it is used for that benefit and safety that every subject or Denizen or alien specially secured hath by the Kings laws And thus it is used an 25 Edw. tertii capite 22. Protection in the special signification is used for an exemption or an immunity given by the King to a person against sutes in law or other vexations upon reasonable causes him thereunto moving which I take to be a branch of this prerogative And of this protection Fitzh maketh two sorts in his nat br fol. 28. The first form or sort he calleth a protection cum clausula Volumus whereof he mentioneth four particulars A protection quia profecturus for him that is to passe over sea in the Kings service A protection quia moratur for him that is abroad in the Kings service upon the sea or in the marches anno 7 H. 7. cap. 2. A protection for the Kings debter that he be not sued or attached untill the King be payed his debt See anno 15 Ed. 3. This some Civilians call moratoriam which see In singularibus Marantae verb. Princeps p. 79. col 2. And a protection in the Kings service beyond the seas or on the marches of Scotland whereof you may read something anno 1 R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second form of protection istermed cum clâ—usula Nolumuâ— which is granted most comonly to a spiritual company for their immunity from taking of their cattel by the Kings ministers But it may be granted also to one man spiritual or temporal Of these things read the same Author and the forms of these writs See also in the Register Original fol. 22. 23. And see the new expositour of law terms to what action the Kings protection doth not extend See also the new book of Entries verbo protection Protonotarie protonotarius See Preignetary Protestation protestatio is as Justice Walsh defineth it a defence of safegard to the party which maketh it from being concluded by the act he is about to do that issue cannot be joyned upon it Plowden fol. 276. b. whereof see the Regist orginal fol. 306. b. And see Protest Protest protestari hath two divers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as unto proceeding of a Iudge in a Court wherein his jurisdiction is doubtfull or to answer upon his oath farther than he by law is bound See Plowden casu Gâ—esbroke fol. 276. b. and the Register original fol. 306. b. Another is by way of complaint to protest a mans bill For example if I give mony to a merchant in France taking his Bill of Exchange to be repayed in England by one whom he assigneth me if at my comming I find not my self satisfied to my contentment but either delayed or denyed then I go into the burse or some
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
Reg. orig f. 206 207. Reddioion is a judicial confession and acknowledgement that the land or thing in demand belongeth to the demandant or at the least not to himself a. 34 35 H. 8. ca. 24. Perkins Dower 379 380. Redubhours be those that buy cloath which they know to be stollen and turn it into some other form or fashion Briton cap. 29. Cromptons Viconat fol. 193. a Reentry commeth of the French rentrer i. rursus intrare and signifieth in our Common law the resuming or taking again of possession which we had earst foregone For example If I make a Lease of land or tenement I do thereby forego the possession and if I do condition with the Leassee that for non payment of the rent at the day it shall be lawfull for me to reenter this is as much as if I conditioned to take again the lands c. into mine own hands and to recover the possession by my own fact without the assistance of Iudge or proces Reere County See Rier County Reextent is a second extent made upon lands or tenements upon complaint made that the former extent was partially performed Brook titule Extents fol. 313. Regard regardum is borrowed of the French Regard or regardere i. aspectus conspectus respectus and though it have a general signification of any care or diligence yet it hath also a special acceptance and therein is used only in matters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging to the regarders office or charge Cromptons jurisd fol. 175.199 Toaching the former thus saith M. Manwood parte pri of his Forest laws pag. 198. The Eire general Sessions of the Forest or Justices seat is to be holden and kept every third year and of necessity before that any such sessions or Iustices seat can be holden the Regarders of the Forest must make their Regard And this making of the regard must be done by the Kings writ And the regard is as he afterward there saith to go through the whole horest and every Bayliwick of the same to see and enquire of the trespasses of the Forest which he compriseth in these four viz. ad videndum ad inquirendum ad imbreviandum ad certificandum Of every of which branches you may read there his exposition Touching the second signification the compasse of the Regarders obarge is the whole Forest that is all that ground which is parcel of the Forest For there may be Woods within the limits of the Forest that be no parcel thereof and those be without the Regard as the same Author plainly declareth parte pri pag. 194. and again parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra regardum or Rewardum infra Forestam Regarder regardator commeth of the French Regardeur id est Spectator and signifieth an Officer of the Forest Cromptons jurisdict 153. where it is thus defined A Regarder is an Officer of the Forest appointed to surview all other officers He saith there also that this officer was ordained in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag 188. thus defineth him A Regarder is an Officer of the Kings forest that is sworn to make the regard of the Forest as the same hath been used to be made in antient time And also to view and enquire of all offences of the Forest as well of vert as of venison and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings letters patents or by any one of the Kings Iustices of the forest at his discretion in the general Eyr or at such time as the regard is to be made by vertue of the Kings writ directed to the Shyreeve of the County for that purpose The form of which writ he there setteth down After that pag. 192. he setteth down his Oath in these words You shall truly serve our Soveraign Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such manner as the same hath been accustomed to be made You shall raunge through the whole Forest and through every Bayliwick of the same as the Foresters there shall lead you to view the said Forest. And if the Foresters will not or do not know how to lead you to make the regard or raunge of the Forest that they will conceal from you any thing that is forfeited to the King you your selves shall not let for any thing but you shall see the same forfeiture and cause the same to be enrolled in your roll You shall enquire of all wastes pourprestures and Asserts of the Forest and also of concealments of any offence or trespasse in the Forest and all these things you shall to the uttermost of your power dâ— So help you GOD. Then you may read farther the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be upon their view and so recorded and that the Regarders of themselves have power to hear and determine the fine or amerciament for expeditating of dogs See Regard Regio assensis is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie registrum commmeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with us the office or books or rolls wherein are recorded the proceedings of the Chancery or any Spiritual Court. The writer and the keeper whereof is called the Register in Latine Registrarins Register is also the name of a book wherein are expressed all the forms of writs used at the Common law called the Register of the Chancery Anno 13 Ed. pri cap. 24. Some say it is termed Registrum quasi regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbish an old garment and to make it new again Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sell them the better mentiendi coloris artem optime callebant Martialis Plinius This word in our Common law did antiently signifie such as bought by the great and sold by the retayl Anno 27 Ed. 3. stat prim cap. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or fair or within five miles thereof Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab cap. 12. anno 13 Eliza. cap. 25. See Forestallers and Engrossers Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte quam deberet is a writ judicial Register
rout whether they put their purpose in execution or no if so be that they do go ride or move forward after they meeting Brook titulo Riot 4. 5. So as it seemeth a Rout should be a special kind of unlawfull assembly and a Riot the disorderly fact committed generally by any unlawfull Assembly Howsoever it be two things are common both to Riot Rout and unlawfull Assembly the one that three persons at the least be gathered together for so it is commonly taken at this day as I have learned the other that they being together do breed disturbance of the peace either by signification of speech shew of Armour turbulent gesture or actual and expresse violence so that either the peaceable sort of men be unquietted and feared by the fact or the lighter sort and busie bodies emboldned by the example Thus far M. Lamberd in his Eirenarcha libre 2. cap. 5. c. where you may read more worth the noting though too long to be copied out See Riot and Unlawfull assembly Kitchin giveth the same definition of a Rout fo 20. Rowing of clothes anno 27. H. 8. cap. 13. Royal assent regius assensus is that approbation which the King giveth to a thing formerly done by others as to the election of a Bishop by Dean and Chapter Which given then he sendeth-an especial Writ to some person for the taking of fealty The form of which Writ you may see in Fitzh na br f. 170. C. And also to a Bill passed by both the houses of Parliament Cromptons Jurisd folio 8. which assent being once given the Bill is indorsed with these words Le Roy veult i. It pleaseth the King If he refuse to agree unto it then thus Le Roy avisera i. the King will yet think of it See Parliament Royalties Regalia vel regalitates be the rights of the King Iura Regis Hotoman in verbis feudalibus verbo Regum Feudistae And so are they understood of us likewise who otherwise call them the Kings Prerogative See Prerogative And some of these be such as the King may grant unto Common persons some so high as may not be separated from his own Crown privativè as the Civilians term it though dumulativè he may See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuel cap. 8. but these generalities be specified more at large by those Lawyers that write of this point Among whom I especially commend Mathaeum de Afflictis upon the Title of the Feuds Quae sint regalia being the 33. title of the third Book as some divide them but according to others the 56. of the second Book where be named in the Text 25 specialties of Royalties See also Hotomans Commentaries in lib. 2. Feudor cap. 56. Rougecrosse See Herald RU Rudge washed Kersey i. made of fleece wool washed only on the sheeps back Anno 35 Eliz. cap. 10. SA SAbles See Furre Sac Sacba vel Sacca is a Royalty or privilege touching plee and correction of trespasses of men within a Manor Rastal titulo Exposition of words where he addeth this reason because saith he Sac in English is Encheson in French as to say for sick sack pur quel encheson i. for what hurt That which our Common Lawyers call encheson the true French man termeth Achoise i. occasionem as Achoise fort grande occasio ampla or else may encheson come of Encheoir i. incidere which we in English call an accident or incident But all this is far enough from Sac and from the interpretation thereof as it is a Liberty or Privilege Bracton hath the word as Stawnford noteth out of him pl. cor lib. pri cap. 23. but neither of them both do particularly interpret it Bractors words he these lib. 3. tract 2. cap. 8. vel si sit aliquis qui de concessione Domins Regis talem habcat libertatem sicut sock et sack Tolnetum Team Infangthefe et Hutfanghhefe qui inventus fuerit seisitus de aliquo satrocinio sicut Hondhabende et Backberend tales habent regalem potestatem et unde qui tales libertates habent habebunt prisonam suam de talibus quia possunt tales in Curia suae judicare Of the which matter he speaketh also in lib. 2. cap. 24. nu 2 3. and again lib. 3. traect 2. cap. 35. But in none of these places he giveth any interpretation of the word Saxon in his description of England defineth Sack to be a forfeiture as doth Rastol ubi supra fol. 132 M. Cambden in his Britan. pag. 415. speaking of Lâ—ncoln hath these words Edwarde Confessore regnante erant ex censuali libro loquor 1070. mansiones hospitalae et áucd-cim Legemam habentes socan et sacam To all these adde Bracton lib. 2. ca. 5. where he writeth thus Sunt et aliae res quasi sacrae quae personam Regis respiciunt et aliquando transferri non p ssunt xisi Justiciariis Domini Regis sicut visus Franciplegii placita de vetito mannio emendatio transgressionis Assisâ—rum Iuaâ—cium latronum sicnt de illis qui habent sock et sack et hujusmodi omnia quae pertinent ad pacem et per conser quexs ad Coronam I am informed that the word sack in the Saxon tougue doth properly signifie so much as causa with the Latins whence we in English have the word sake as for whose sake M. Skene de verb. signif verbo Sacke writeth thus In some old books it is called placitum et emenda de transgressione hominum in Curia Nostra In the Laws of King Edward set forth by Master Lamberd fol. 132 it is written Sacha Sacha autem est si quilibet altquem nominatim de aliquo collumniatus fuerit et il le negaverit forisfactura probationis vel negationis sievenerit sua erit Which may be called the Amercement payed by him who denieth that thing which is proved against him to be true or affirmeth that thing the contrary whereof is true Thus far M. Skene Fleta of this hath these words Sake significat acquietantiam de secta ad Comitatum et Hundredum lib. 1. ca. 47. § Sake But by all those I find not any reason of the word that is why this liberty should be so called and therefore I must leave it to better Antiquaries or Linguists See Roger Hoveden parte poster suorum annalium fol 345. Sacchius cum breckia seemeth to be a service of finding a Sack and a broach to the King by vertue of a Tenure for the use of his Armie Bract. lib. 2. cap. 16. n. 6. Sacke of Wool saccus lanae is a quantity of wooll that containeth 26. stone and a stone fourteen pounds anno 14 Edw. 3. stat 1. cap. 21. See Sarplar Sacramento recipiendo quod vidua Regis se non maritabit sine licentia Regis is a Writ or commission to one for the taking of an oath of the Kings Widow that she shall not marry without the Kings
domini si quem habuerit accedat c. And to help this probability I find that the Steward of a manner is termed serviens manerii Coke Vol. 4. Copihold cases fol. 21 a. Then is there a Sergeant at arms serviens ad arma whose Office is to attend the person of the King An. 7 H. 7. ca. 3. to arest Traitors or men of worth or reckning that do or are like to contemn Messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in judgement upon any Traitor and such like pl. cor lib. 3. cap. pri Of these by the Statute anno 13 R. 2. cap. 6. there may not be above thirty in the Realm This sort is called del espee In the custumary of Nor. car 5. which read There be also some two of these Sergeants of the Parliament one for the upper another for the lower house whose Office seemeth to serve for the keeping of the Doors and the execution of such Commandements especially touching the apprehension of any offender as either house shall think good to enioyn them See Cromptons Jurisdictions fol. nono See also Vowels aliâs Hookers book of the order of the Parliament There is one of these that belongeth to the Chancery who is also called a Sergeant of the Mace as the rest may be because they carry Maces by their office He of the Chancery attendeth the Lord Chancellor or Keeper in that court for the means to call all men into that Court is either by this Officer or by sub poena West pa. 2. Symb. tit Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions within the Kings houshold which be chief in their places of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace whereof there is a troop in the City of London and other Towns corporate that serve the Maior or other head Officer both for mesnial attendance and matter of Justice Kitchin fol. 143. And these are called Serviontes ad clavam New book of Entries ver scire facias in Mainperners fol. 538. cap. 3. Sergeantie Serriantia commeth of the French Sergeant i. satelles and signifieth in our Common law as service due to the King from his Tenent holding by such service For this service cannot be due to any L. from his Tenent but to the King only And this is either grand or petit as you shall find at large set down in Chivalry Of this also you may read Bra. l. 2. c. 16. c. 37. n. 5.4 et Brit. c. 66. n. 1. et 2. See Servies M. Skene de ver signif calleth this Sergeantery defining and dividing it as we do in England Servientihus as certain writs touching servants and their Masters violating the statutes made against their abuses which see in the Regist. orig fo 189. et 190 et 191. Service servitium though it have a general signification of duty toward them unto whom we owe the performance of any corporal labor of function yet more especially in our Common law it is used for that service which the Tenent by reason of his fee oweth unto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Servitium est munus obsequit clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either military and noble commonly called Knights service or clownish and base commonly called Soccage of both which read Chiry as also scecage And Bracton lib. 2. ca. 16. Service is divided by Britton into personal and real cap. 66. where he maketh wards mariages homage Reliefs and such like to be real services personal I imagine may those be called that are to be persormed by the person of the Tenent as to follow his Lord into war c. The Civilians divide munera in this sort either in personalia or patrimonalia Then Bracton ubi supra num 7. distributeth servitium in intrinsecum extrinsecum aliâs forinsecum medium Servitium intrinsecum is that which is due to the capital Lord of the Mannro Forinsecum is that which is due to the King and not to the capital Lord but when he goeth in his own person to serve or when he hath satisfied the King for all services whatsoever And again in the same place he saith it is called Fornisecum quia fit capitur foris sive extra servitium quod fit Domino capitali See Forein service Of this read him ubi supra more at large and Fleta lib. 2. cap. 14. § Continetur Servitia quae nec intrinseca necforinseca sunt Bract. handleth in the same Chapter nu 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intriasecae nec forinsecae sed sunt quaed im servitia concomitantia sicut servitia regalia militaria etiambemagia adeo in cbartis non sunt exprimendae Quia si homagium praecesseris et regale servitium sequitur exinde quod ad capitalem Dominum pertinebit Relivium et custodia et maritagium sive servitium sit militare vel seriantia propter exerciâ—um c. Here then Relief Ward and Mariage be those services which he calleth nec intrinseca nec forinseca sed concomitantia Service is also divided into frank service and base or villeinous service the one Bracton calleth liberum servitium the other servitium villanum or villenagium lib. 2. cap. 8. num pri This villenagium is Soccage in base tenure as to dung the Lords ground to serve him so many daies in harvest to plash his hedges c. or else copyhold All other services seem to be frank Service consisteâ—h some in seisance some in render Perkins Reservations 696. Service seemeth also to be divided into continual otherwise annual and casual or accidental An example of the sormer is the seisin of rent and of the other seisin of Relief Sir Edward Cokes Reports lib. 4. Bevils case fol. 9. a. See Copy hold See Soccage See Ayd Service secular anno 1 Ed. 4. cap. 1. which may be contrary to spiritual viz. the service divine commanded to spiritual men by their founders Servitours of Bills seem to be such servants or messenger of the Marshal belong-to the Kings Bench as were sent abroad with Bills or Writs to summon men to that Court being now more ordinarily called Tipstaffs Servitiis acquietandis is a Writ judicial that lyeth for one distreined for services by Iohn which oweth and performeth to Robert for the acquital of such services Register judicial fol. 27. a. et 36. b. Sessions Sessiones signifieth in our Common law a sitting of Justices in Court upon their commission as the Sessions of oyer and terminer pl. cor fol. 67. Quarter Sessions
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our Common law as much as vocatio in jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. cap. 19. Spoliation spoliatio is a writ that lyeth for an Incumbent against another Incumbent in case where the right of Patronage commeth not in debate As if a Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
Officers the staples had belonging to them you may see anno 27 Edw. 3. stat 2. cap. 21. Star-Chamber Camera stellata is a Chamber at Westminster so called as Sir Thomas Smith conjectureth lib. 2. cap. 4. either because it is full of windows or cause at the first all the roof thereof was decked with Images of guilded Stars And the latter reason I take to be the truer because anno 25 Henry 8. capit prim It is written the Sterred Chamber In this Chamber every week twice during the term and the very next day after Term is there a Court held by the Lord Chancellor or Keeper and other honourable personages of the Realm This Court seemeth to have taken beginning from the Statute anno 3. Hen 7. ca. or Whereby it is ordained that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal or two of them calling to them a Bishop and a temporal Lord the Kings most Honourable Councel and the two chief lustices of the Kings Bench and Common place for the time being or other two lustices in their absence should have power to call before them and punish such misdoers as there be mentioned The saults that they punish be Routs Riots Forgerits Maintenances Embraceries Perjuries and such other Mislemeanours as are not sufficiently provided for by the Common law It appeareth both by Sir Thomas Smith li. 2. de Repub. Anglor ca. 4. and by experience also that at this day the whole number of the Princes most honourable Privy Councel and such other Barons spiritual or temporal as be called thither by the Prince have place in this Court with those above named Of this Court thus speaketh Master Gwin in the Preface to his readings It appeareth in our books of the Terms of King Edward 4. And of the Report of Cases hapning under the usurpation of Richard the third that sometime the King and his Councel and sometime the Lord Chancellor and other great personages did use to sit judicially in the place then and yet called the Star-Chamber But for as much as belike that Assembly was not ordinary therefore the next Kings Henry the seventh and his Son Henry 8. took order by two several laws viz. 3 Hen. 7. cap. pri 21 H. 8. ca. 2. That the Chancellor assisted with others there named should have power to hear complaints against Retainours Embraceours Misdemeanours of Officers and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Iudges are not so meet to give correction And because that place was before dedicated to the like service it hath been ever since accordingly used Touching the Officers belonging to this Court see Camden pag. 112. et 113. Statute statutum hath divers significations in our Common law First it signifieth a Decree or Act of Parliament made by the Prince and three Estates which is the body of the whole Realm And though it borrow the name from that kind of Decree which those Cities that were under the Roman Empire made for the particular Government of themselves over and above the universal or common law of the Empire yet in nature it commeth nearest to that which the Romans called Legem for that as that was made by the whole People Noble and Ignoble so this is ordained by those that represent the whole number both of Prince and subjects one and other through the whole Kingdome The difference neverthelesse was this that Lex was offered to the consideration of the People by the Magistrate of the Senate or Consull but the Bills or suggestions whence our Statutes spring are offered by any of either house and so either passed or rejected In this signification a Statute is either general or special Coke lib. 4. Hollands case fol. 76. a. Statute in another signification is a short speech taken for a bond as statute Merchant or statute staple anno 5 H. 4. cap. 12. The reason of which name is because these Bonds are made according to the form statutes expresly and particularly provided for the same which direct both before what Persons and in what manner they ought to be made west parte prim symbol lib. 2. Sect. 151. where he defineth a statute Merchant thus A Statute Merchant is a bond acknowledged before one of the Clarks of the statutes Merchant and Maior or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Maior chief Warden or Master of other Cities or good Towns or other sufficient men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two pieces the grater is kept by the said Maior chief Warden c. and the lesser peece thereof by the said Clarks The form of which bond you may see in Fleta lib. 2. cap. 64. § 2. to be such Noverint universi me N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. Anno Regni Regis c. et nisi fecers concedo quod currant super me et Haeredes meos districtio et poena provis in statuta Domini Regis edito apud Westm Datum London tali die anno supra dicto The fee for the same Seal is for statutes knowledged in Fairs for every pound an half-penny and out of Fairs a fording The execution upon statute Merchant is first to take the body of the Debtor if he be lay and can be found if otherwise then upon his Lands and goods The bond is founded upon the Statute anno 13 Ed. prim stat 4. Of this also as of the Statute staple see the new book of Entries verbo statute Merchant and read in Fleta ubi supra more touching this matter worth the reading Statute staple to use the very words of Master West is either properly so called or improperly A Statute staple properly so called is a Bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same staple for which seal the fee is of every pound if the sum exceed not 100 pound and half peny and if it excced an 100 pound of every pound a farthing And by vertue of such Statute staple the Creditor may forthwith have execution of the body lands and goods of the Debtor and this is founded upon the Statute anno 27 Ed. 3. cap. 9. A Statute staple improper is a bond of Record founded upon the Statute anno 23 H. 8. cap. 6. of the nature of a proper Statute staple as touching the force execution thereof and knowledged before one of the chief Justices and in their absence before the Maior of the Staple and Recorder of London The forms of all these bonds or statutes see in West parte pri symb lib. 2. sect 152 153 154 155. Statutes is also
contained generally lands or houses yea or offices wherein we have estate for term of life or in fee. And in this signification Kitchin so 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton use it through his whole 27 Chapter as also Bracton doth the Latin libernm tenementum li. pri ca. 5. 6. and many other places Tenentibus in assist non onerandis c. is is a writ that lyeth for him to whom a disseisor hath alienated the Land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour have wherewith to satisfie them himself Reg. orig fol. 214. b. Tenths Decimae it that yearly portion or tribute which all Livings Ecclesiastical do yeeld to the King For though the Bishop of Rome do originally pretend right unto this revenue by example of the High Priest among the lews who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem Yet I read in our Chronicles that these were of en granted to the King by the Pope upon divers occasions sometime for one year som time for more until by the Statute an 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifieth also a task levyed of the temporalty Holinshed H. 2. fol. 111. Tenore indictamenti mittendo is a writ wherehy the Record of an indictment and the processe thereupon is called out of another Court into the Chancery Regist orig fol. 169. a. Tenure Tenura commeth of the Norman Tendure as appeareth by the Grand Custumary cap. 28. where it is defined to this effect Tenure is the manner whereby Tenements are holden of their Lords What may make a Tenure and what not see Perkins Reservations 70. And in that Chapter shall you find the most of those Tenures recited that be now usually â—o England In Scotland I find that there be four manner of Tennres which they call holding of land the first is ura eleemoâ—yna which is proper to spiritual men paying nothing for it but devota animarnm suffragia the second they call Few or Few ferm which holdeth of the King Church Barons or others paying a certain duty called Feuda firma The chird is a hold in Blench as they term it by payment of a peny rose pair of guilt Spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by service of ward and releeve where the Heir being minor is in regad or custody of his Lord together with his lands c. And land holden in this fourth maner is called there feudum de Hauberk or Haubert or seudum militare or feudum Hauberticum or fendum loricatum because it is given upon condition that the vassal possessor thereof shall come to the Host with a Jack or Haubert which is a coat of Mail. M. Skene de verb. signif verbo Haubert Tenure in grosse is the Tenure in Capite For the Crown is called a Seignory in grosse because it consisteth of a corporation of and by it self not tyed to any honor or manor See Cromptons Iurisdict f. 206. See the new book of Entries verbo Tenure Term Termiuus fignifieth with us commonly the bounds and limitation of time as a lease for term of life or term of years Bracton lib. 2. cap. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Iudgement are open to all that list to complain of wrong or to seek their right by course of Law or action The rest of the year is called vacation Of these Terms there be 4 in every year during which matters of Iustice for the most part are dispatched And this Sir Thomas Smith lib. 3. de Rep. Ang. cap. 2. reckoneth as miraculous that in lesse time than the third part of the year three Tribunals all in one City should rectifie the wrongs of so large and populous a Nation as England is Of these Terms one is called Hilarie Term which beginneth the 23 of Ianuary or if that be Sunday the next day following and endeth the 21 of February Another is called Easter term which beginneth 18 dayes after Easter and endeth the Monday next after Ascension day The third is Trinity Term beginning the Friday next after Trinity Sunday and ending the Wednesday fort night after The fourth is Michaelmas Term beginning the 9th of October or if that be Sunday the next day after and ending the 18 of November Termor Tenens ex termino is he that holdeth for term of years or life Kitchin fol. 151. Littleton fol. 100. Tenra extendendae is a writ directed to the Escheator c willing him to inquire and find the true yearly value of any land c. by the oath of twelve men and to certifie the extent into the Chancery c. Register orig fol 293. b. Terris bonts caiallis rehabendis post purgationem is a writ that lye th for a Clerk to recover his lands goods or chatels formerly soised on after he hath cleared himself of that seiony upon suspition whereof he was formerly convicted and delivered to his Ordinary to be purged Register orig fol. 68. b. Terris liberandis is a writ that lyeth for a man convicted by attaint to bring the Record and Processe before the King and to take a fine for his imprisonment and to deliver him his lands and tenements again and to release him of the Scrip and Waste Regist. orig fol. 232. a. It is also a writ for delivery of lands to the heir after homage and relief performed eodem fol. 293. b. or upon security taken that he shall perform them eodem fol. 313. b. Terris catallis tentis ulera debitum levatum is a writ Iudicial for the restoring of lands or goods to a debtour that is distreined above the quantity of the debt Register Iudicial fol. 38. b. Terretenent terratenens is he which hath the natural and actual possesssion of the land which we otherwise call the occupation anno 39 Eliz. ca. 7. For example a Lord of a manour hath a Free-holder who letteth out his free land to another to be occupied this Occupier is called the Terretenent Wist parte 2. symb tit Fines Sect. 137. Cromptons Inrisd fol. 194. Britton cap. 29. Porkins feoffments 231. And Petrus Belluga in sprenlo Principum Repub. 46. versic Restut vidert nu 9. useth this word Terrae tenentee in the same signification See Land tenents Yet I have heard some learâ—ed in the Law say that the Terienent is the tenent in free or copyhold according to the custom of the Manor and opposite to tenent for term of years Quaere Ters is a certain measure of liquid things as wine oyl c. containing the 6th part of a tun an 32. H. 8. c. 14. or the 3d. part of a Pipe Testament Testamentum See Will. Testatum is a writ that seemeth especially to lye
tenth part of the fruits by the moral Law of God Yet the better and more Theologicall opinion is that they are all deceived and that from their errour hath sprung much wrong to Almighty God and great mischief to his Church and that by the Law of God and nature no contrary custome ought to last any longer than the Paâ—â—on and Parisnioner shall both think well of it Wherefore those customs of paying a half penny for a Lamb or a penny for a Calf by such as have under seven in one year how long soever it hath indured is but very unreasonable in these dayes when both Lambs and Calves are grown four time dearer and more than they were when this price was first accepted And therefore no man dischargech well his conscience in this point that payeth not duly the tenth of every Lamb every Calf and and every other thing titheable For by this course the Minister fareth well or evill in a proportion with his Parishioner as it pleaseth God to give increase whereas by any other order the one or the other shall find want of indifference as the prices of things shall rise or fall Tithing Tithingum is the Saxon word Teothung for the which see Tithe It signifieth as M Lamberd saith in his Dutie of Constables the number or company of ten men with their families cast or knit together in a society all of them being bound to the King for the peaceable and good behaviour of each of their society Of these Companies was there own chief or principal person who of his office was called Teothung man at this day in the West parts Tithingman but now he is nothing but a Constable For that old discipline of Tithings is left long sithence It signifieth also a Court Anno 23 Ed. 3. cap. 4. et an 9 H. 3. cap. 35. See Chief pledge and Frank Pledge and Decennier Tithing is used for a Court Magna charta cap. 25. and Merton cap. 10. TO Todde of wooll is a quantity containing 28. pound in weight or two Stone Tost Tostum is a place wherein a mesuage hath stood West parte 2. symbol titulo Fines Sect. 26. Toile commeth of the French Toile i. tela and signifieth with us a net or cord to compasse or take Deer To lange and to bred See Bred Toll Tollere as it is a verb signifieth to defeat or take away anno 8 Hen. 9. cap. 9. Toll alià s Thol Tolnetum alià s Theolonium is a Saxon word and hath in our Common law two significations first it is used for a liberty to buy and sell within the precincts of a Manor Lamb. Archainom fol. 132. which seemeth to import so much as a Fair or Market The words be these Thol quod nos dicimus Tholonium est scilicet quod habeat libertatem vendendiet emendi in terra sua In the second signification it is used for a tribute or custom paid for passage c. as in Bracton Si cui concedatur talis libertas quòd quietus sit de Theolonio consuetudinibus dandis per totum Regnum Angliae in terra et mari et quod Theolonium et consuetudines capiat infra libertatem suam de ementibus et vendentibus c. lib. 2. cap. 24. num 3. But even there in the end of the second number he hath this word Toll as it seemeth in the former signification also which by these words above written following a little after he interpreteth to be a liberty as well to take as to be free from Tolle The made Latin word Theolonium Cassanaeus in consuet Burgund pag. 118. deriveth a Tollendo but I rather think it commeth from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vectigalium redemptio vel etiam vectigalium exactio Fleta hath these words of it Tol significat acquiet antiam Theolonii ubique in Regno lib. pri cap. 47. M. Skene de verb. signif verbo Toll saith it is a custome and that it commeth from the Greek word of the same signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that he who is enfeoffed with Toll is custom free and payeth no custom which is manifest by sundry old books wherein it is written Toll hoc est quod vos et homines vestri de toto homagio vestro sint quieti de omnibus mercatis et de Tolneto de omnibus rebus empiis et venditis Thus farre he Kitchin fol. 104. maketh mention of toll through and toll traverse his words be to this effect Custom or prescription to have toll through in the High way is not good for it is against the common right But to have prescription of toll traverse is good In which place the difference between the one and the other the new expositour of Law Terms saith to be that toll traverse is that money which is taken for passing over a private mans ground But this Author seemeth to differ from Kitchin touching the lawfulnesse of toll through saying that by reason of a Bridge provided at the cost and charge of the town for the ease of Travellers he thinketh it reasonable that toll through be enacted toward the maintenance thereof which VVriter also maketh mention of toll Turn and that he defineth to be toll paid for beasts driven to be sold though they be not sold indeed Where I think he must mean a toll paid in the return homeward from the Fair or Market whither they were driven to be sold Plowden casu Willion fol. 236. agreeth in this definition of toll traverse And this the Fendists call Parangariam defining it to be Sumptus labores ferendi referendive alicujus causa à principe impositi cùm non per viam sed aliò versùm iter suscipitur l. 2. Cod. de Episc cleri à graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. transitus per viam transversam Gothofred ad l. 4. sect 1. Ï€. de vetera I find in Andrew Horns mirour of Justices lib. 1 cap. des articles c. that by the antient law of this land the buyers of corn or cattel in Fairs or Markets ought to pay toll to the Lord of the Market in testimony of their contract there lawfully made in open market for that privy contracts were held unlawfull Toloneum or Breve de essendi quietum de Telonen is a writ that lyeth in case where the Citizens of any City or Burgesses of any Town be quit from toll by the grant of the Kings Predecessors or prescription which you have at large in Fitzh nat br fol. 226 See Telonium Tolt Tolta is a writ whereby a cause depending in a Court Baron is removed into the County court Old nat br fol. 2. The reason of the appellation seemeth to come from the verb Tollo v. Coke lib. 3. in praefatione ad lectorem Tonne See Tunne Tonnage is a custome or impost due for merchandise brought or carried in Tuns and such like Vessels from or to other nations after a certain race
called Statutum de frangentibus prisonam that the breach of Prison was felony if it were the Kings prison it is sithence but trespasse except the Prisoner were committed for felony But it is most commonly used for that wrong or dammage which is doue by a private man to the King as in his Forest pl. cor lib. 2. cap. 18. or to another private man And in this signification it is of two sorts trespasse general otherwise termed trespasse vi et armis and trespass especial otherwise called trespasse upon the case And this seemeth to be without force Terms of the Law Action upon the case as appeareth by Kitchin fol. 176. The former I take to be called general because it riseth from that general ground in Law and whatsoever is done by any private mans humour vi et armis is an offence The latter I call especial because Kitchin calleth the other general and another reason may be this because it springeth from a particular case or fact not contained under any other general head And the action lying for this trespasse is otherwise called an action upon the case as may be gathered out of divers places under the title Trespasse in Brook his Abridgement How to distinguish the form of these writs or actions see Fitzherb nat br fol. 86. L. 87. H. I. in an Action of trespasse this is perpetual that the Plaintiff sueth for dammages or the value of the burt done unto him by the Defendant It seemeth an hard thing to distinguish these two kinds of trespasses so as to be able to say when it is a trespasse vi et armis and when upon the case as may well appear to him that shall peruse this title in Brook But this is to be left to the experience of grave and skilfull Pleaders I find moreover in Kitchin so 188. that there is a trespasse local and trespasse transitory trespass local is that which is so annexed to a place certain as if the Defendant joyn issue upon the place and traverse the place only by saying Absque hoc that he did the trespasse in the place mentioned in the declaration and aver it it is enough to defeat the action Trespass transitory is that which cannot be defeated by the Defendants traverse of the place saying Without that I committed the trespasse in the place declared because the place is not material Examples of both you have set down by Kitchin in the place above named to this effect traverse by Absque boc of trespass in battery or goods brought in is transitory and not local as it is of trees cut and heâ—bs And therefore in trespasse transitory the place shall not make issue neither is it traversable no more than is a trespasse upon a case of an Assumption Bracton in his fourth book cap. 34. num 6. divideth transgressionem in majorem et minorem which place read See also great diversity of trespasses in the new book of Enteries verbo Trespass Tryal triatio is used in our Common law for the examination of all causes civil or criminal according to the laws of our Realm Of this word Stawn pl. cor lib. 2. cap. 26. writeth to this effect There was a Statute made prim secund Philip. Mar. cap. 10. to this purpose And be it farther enacted by the anthority aforesaid that all tryals hereafter to be had awarded or made for any Treason shall be had and used according to the due order and course of the Common laws of this Realm and not otherwise c. By this word tryal saith Stawnf in that place some understand as well the inquest that indicteth a man as the inquest upon the arraignment that attainteth or acquiteth him For these two make but one entire tryal that every man is to have when he is impeached of treason But others have answered to this that tryal in common speech is the tryal that a man is to have after he is indicted and not before For in Law the Inditement is nought but the accusation against him which he is to make answer unto and that being tryed it either attainteth or acquitteth him So that the tryal is the lssue which is tryed upon the Inditement and not the Inditement it self For that is no part of the thing which tryeth but the thing which is tryed and the offence And so this word Tryal understood in the Statute an 33 H. 8. c. 23. where he saith thus Must be indicted within the Shires or places where they committed their offences and also tryed before by the Inhabitants or Free-holders So he putteth a difference between Inditement tryal as he doth afterward in these words There to be indicted and tryed of their offences c. Thus far Stawnf Sir Tho. Smith de Repub. Angl. lib. 2. ca. 5. saith That by order usage of England there are three Tryals that is 3 wayes and manners whereby absolute and definite Judgement is given by the Parliament which is the highest and most absolute by battel and great assise which he severally describeth in three Chapters following though not so fully as the thing requireth But of the great Assise he speaketh at large in the three and twentieth Chapter of the same book And of these Tryals see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he divideth the great Assise into two sorts one proper to Barons of the Parliament which is by 20 or 18 of their Peers the other common to others of lower condition which is by 12 men that be neighbours to the place where the offence was committed And of those you may read him at large in the said Chapters there following See Twelve men See the New book of Entries verbo Trial. Trihing Trihinga vel Trithinga seemeth by a place in Edward the Confessors laws set out by Master Lamberd nu 34. to be the third part of a Shire or Province otherwise called Letbe which we now call Leet The same Law doth M. Camden mention pag. 102 103. This Court is above a Court Baron and inferiour to the Shire or County This word is also used in the sentence of excommunication upon the great Charter and Charter of the Forest denounced in the daies of Edward the first as it is latined in the book called Pupilla oculi parte 5. cap. 22. A. I. In these words Visus autem defranco plegio sic fiat sc quod pax nostra teneatur quod Trihinga integra sit sicut esse consuevit c. Of this Fleta lib. 2. cap. 61. sect final writeth thus Sciendnm est quod aliae potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars provinciae qui vero super eas dominabantur trithingreves vocabantur quibus deferebantur causae quae non in Wapentakiis poterant definiri in Shiram sicque quòd vecatur Hundredum jam per variationem locorum idiomatù Wapentakie appellatur tria vel quatuor
72. the office is as Crompton saith loco allegato properly to look to the vert and to see that it be well maintained Also when any forfeiture is taken in the Forest before the Foresters or other Ministers the price thereof shall be delivered to the Verdour who is to answer for it before the Iustices in Eyr And if he die his heir is chargeable therewith Crompton ibidem The form of his oath at his admittance you may see in Manwoods first part of his Forest laws pag. 51. who there calleth him verderour alià s verdictor You shall truly serve our Soveraign Lord the King in the office of a verderor of the Forest W. you shall to the uttermost of your power and knowledge do for the profit of the King so far as it doth appertain unto you to do You shall preserve and maintain the antient rights and franchises of his Crown you shall not conceal from his Majesty any rights or privileges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shall indeavour your self to manifest and redresse the same and if you cannot do that of your self you shall give knowledge thereof unto the King or unto his Iustice of the Forest You shall deal indifferently with all the Kings liege people you shall execute the laws of the Forest and do equal right and justice as well unto the poor as unto the rich in that appertaineth unto your office you shall not oppress any person by colour thereof for any reward favour or malice All these things you shall to the uttermost of your power observe and keep Their Office is farther expressed eodem pag. 93. which is to sit in the Court of Attachment to see the Attachments of the Forest to receive the same of the Foresters and Woodwards that do present them and then to enter these attachments into their Roles Verdict veredictum is the answer of a Jury or Enquest made upon any cause civil or criminal committed by the Court to their consideration or tryal And this verdict is two-fold either general or especial Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is given or brought into the Court in like general terms to the general issue as in an action of disseisin the Defendant pleadeth No wrong no disseisin Then the issue is this in general whether the fact in question be a wrong or not And this committed to the Iury they upon consideration of their evidence come in and say either for the Plaintiff that it is wrong and disseisin or for the Defendant that it is no wrong no disseisin And again the prisoner at the bar pleading Not guilty the Enquest in like general terms bring in their verdict either for the King Guilty or for the prisoner Not guilty A special verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinion it is proved and for the quality of the fact they pray the discretion of the Court. And this special verdict if it contain any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof read divers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Littleton fol. 78. 79. See the new book of Entries verb. Verdict Verge virgata may seem to come from the French verger i. viridarium hortus It is used here in England for the compass about the Kings Court that boundeth the jurisdiction of the Lord Steward of the Kings houshold and of the Coroner of the Kings house and that seemeth to have been twelve miles compass anno 13 Richard 2. Stat. prim cap. 3. Fitzh nat br fol. 24. B. and Briton fol. 68. b. 69. a. and Fletae lib. 2. cap. 2. and Sir Edward Cooks Reports lib. 4. fol. 47. a. For this see the Statute anno 33 Hen. 8. cap. 12. toward the end But Fleta saith that this compass about the Court is called virgatä à virga quam Marishalus portat ut signism suae potestatis lib. 2. cap. 4. sect prim Verge hath also another signification and is used for a stick or rod whereby one is admitted Tenent and holding it in his hand sweareth fealty unto the Lord of a manor who for that cause is called Tenent by the Verge Old nat br fol. 17. Vergers virgatores be such as cary white wands before the Iustices of either bank c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Very Lord and very Tenent verus Dominus et verus Tenens are they that be immediate Lord and Tenent one to the other Brook titulo Hariot fol. 23. In the Old nat br and in the writ Replegiari de averiis fol. 42. I find these words And know ye that in taking of Leases six things are necessary that is to say very Lord and very Tenent Service behind the day of the taking seisin of the services and within his Fee And know yee that a man is not very tenent untill he have atturned to the Lord by some services So that by Brook the very Lord and the very Tenent must be immediate and by this Book there must be an acknowledgement See anno 19 Hen. 7. cap. 15. See Tenent Vert viride is made of the French verd i. viridis and significth with us in the laws of the Forest every thing that doth grow and bear green leaf within the Forest that may cover and hide a Dâ—er Manwood in the second part of his Forest laws fol. 6. a. and fol. 33. b. with whom also Crompton agreeth fol. 170. of his Iurisd And vert as the same Author saith eodem fol. 34. is divided into Over vert and Neather vert Over vert is that which our Lawyers call Hault bois and Neather vert is that which they call South boil And of this you may read him in his second part of Forest laws cap. 6. per totum Where you shall find that he divideth vert into general and special General is as it is above defined Vert special is every tree and bush within the Forest to feed the Deer withall as Pear trees Crab-trees Hauthorns Blackbush and such like And the reason of this name is because the offence of destroying of such vert is more highly punished than of any other according to the quantity thereof codem cap. 6. num 2. fol. 35. a. Vervise otherwise called Plonkets anno 1. R. 3. cap. 8. a kind of cloath Vesses anno 1 R. 3. cap. 8. anno 14 15 H. 8. cap. 11. otherwise called Set cloaths Vesture Vestura is a French word signifying a garment but in the use of our Common law turned metaphorically to betoken a possession or an admittance to a possession So it is taken Westm. 2. cap. 25. anno 13 Ed. prim And
going under Saxons name cap. 7. I read that Belinus a Briton King made these four waies whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwell and passing forth by Devonshire Somersetshire and so along by Tetbury upon Toteswould besides Coventree unto Lecester and thence by the wide plains to Newark and to Lincoln where it endeth The second he nameth Watling street comming out of the South east toward the Fosse beginning at Dover and passing through the middle of Kent over Thames beside London near Westminster and thence to Saint Albons by Donstable Stratford Towceter Wedon Lilborn Atheriston Gilberts hill now called Wreaken by Severn Workcester Stratton and so forth by the middle of Wales unto Cardican and the Irish seas The third he calleth Erminage street stretching out of the West North-west into the East South-east from S. Davids in the West Wales unto Southampton The fourth he called Rikenild street stretching forth by Worchester by Wicomb Brinhingham Litchfield Derby Chesterfield and by York forth into Tynmouth But he that listeth to read at large of these waies let him have recourse to the first volume of Holinsheds Chronicle and the description of England there the 19 chapter Where this antiquity is far otherwise declared than by the former writers Henry of Huntington likewise in the first book of his History not far after the beginning mentioneth these four Streets terming them calles Regia sublimatos anthoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffs anno 28 H. 6. cap. 5. is an Officer belonging to the City of London which hath the supervision and search of fish that is brought to that City as also the gathering of the toll rising from that water He is reckoned an Esquire by his Office as the Sword-bearer the Huntsman and the chief Sergeant is He also attendeth upon the Lord Maior for the time being and hath the principal care of marshalling the guests at his Table Way See Chimin WE Weif wavium whence it hath his original I cannot certainly say But I find the 19 chap. of the Grand Customary of Normandy to be intituled De choses gaines and latined by the Interpreter De rebus vaivis which are there tus defined vaiva sunt res vel alia quae nullius proprietati attributa sine possessionis reclamations sunt inventa quae usque ad diem aâ—â—um servanda sunt Et deâ—is modo quo dictum est de veriscis that is weeks ea sua esse probantibus est restitutio facienda c. This weif or things weived have the very same signification in our Common law and be nought but things forsaken The Civilians call it Derelictum or Quod est pro derelicto Bracton in the twelfth Chapter of his first book nsâ— 10. reckoneth them inter res quae sunt nullius ea quae pro waivio habentur sicut de averiis ubi non apparet Dominus where he also saith quòd olim fueruut inventoris de jure naturali et jam essiciuntur principis de jure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a year and a day it appeareth by Briton in his seventeenth chapter Now the Kings in their times have granted this and such like Prerogatives unto divers Subjects with their fees who there likewise saith that waifs things lost and estrayes must by the Lord of the franchise where they are found be caused to be cryed and published in Markets and Churches near about or else that the year and day doth not run to the prejudice of him that hath lost them See Waive M. Skene de verborum signif verb. waif saith that waif est pecus vel animal aberrans which wanders and waivers without a known Master and being found by any man within his own bounds must be by him proclaimed upon divers and sundry Market daies at the Parish Church and within the Sheriff-dome Otherwise the Deteyner may be accused of theft And it is lawfull for the owner to challenge the beast within a year and a day Whereby it appeareth that in Scotland that is called a weif which we here call a stray or estray Would of Kent is the woody part of the Country Camden Britannia pag. 247. M. Verstegan in his restitution of decayed intelligence saith that Wald Weald and Would differing in vowel signifie one thing to wit a Forest See the rest litera W. Wedding Nuptiae commeth of the German wed i. pignus and wed in Scotland signifieth so much at this day Skene de verborum signif verbo vadium Weigh waga is a certain weight of cheese or wool containing 256 pounds of avoyr de poyce See Clove Weights Pondera what they be it is well known There be two sorts of them in use with us The one called Troy weight which containeth twelve ounces in the pound and no more by the which Pearl precious stones electuaries and medicinal things gold silver and bread be weighed The other is called Aver de pois which containeth 16 ounces in the pound By this all other things are weighed that pass between man and man by weight saving only those above named Why the one should be called Troy weight I have not learned though I read it termed libram unciam Trojanam as if it came from Troy But Georg. Agricola in his learned Tractate de ponderibus mensuris pag. 339. termeth the pound of twelve ounces libram medicam and the other of sixteen ounces libram civilem saying thus of them both Medica civilis libra numero non gravitate unciarum differunt The second seemeth so to be termed by reason of the more full weight for Avoir de pois in French is as much as to say as to have full weight But by these words avoir depois are some time signified such Merchandize as are bought and sold by this kind of weights The first statute of York an 9 Ed. 3. in prooem an 27 Ed. 13. stat 2. cap. 10. anno 24. H. 8 cap. 13. Of weights in Scotland See Skene ac verbo signif verbo Serplathe All our weights and measures have their first composition from the penny sterling which ought to weigh two and thirty wheat corns of a middle sort twenty of which pence make an ounce and twelve such ounces a pound or twenty shillings but fifteen ounces make the Merchants pound Fleta lib. 2. cap. 12. It is not unlike that this Merchants pound though an ounce less should be all one in signification with the pound of Avoir de pois and the other pound called by Fleta troue weight plainly appeareth to be all one with that which we now call Troy weight And I find not Troy weight mentioned by any other that ever I read upon this subject but only our own Country men See Tronage Weights of Awncell anno 14 Ed.
any other thing and carrying it away out of the Jurisdiction where I dwell I take by order of him that hath Iurisdiction another of him again or of some other of that Jurisdiction and do bring it into the jurisdiction wherein I dwell that by equal wrong I may come to have equal right c. Namatio animalium in Scotland is used for the pounding of cattel Skene de verbor signif verbo Averis whom also read verbo Namarâ— Withernam in Bracton lib. 3. tract 2. cap. 37 and also in Westm 2. cap. 2. seemeth to signifie an unlawfull distress made by him that hath no right to distrein anno 13 Ed. prim cap. 2. See the new book of Entries Verbo Withernam WO Woad glastum is an herb brought from the parts of Tolouse in France and from Spain much used and very necessary in the dying of wollen cloath anno 7 H. 8. cap. 2. we call it woad of the Italian word guado or the German word weidt Woodgeld seemeth to be the gathering or cutting of wood within the Forest or mony payed for the same to the use of the Foresters And the immunity from this by the Kings grant is by Crompton called Woodgeld fol. 157. Woodmen seem to be those in the Forest that have their charge especially to look to the Kings woods Manwood parte pri of his Forest laws pag. 193. and Cromptons Jus risd fol. 146. Woodmote court is the Attachment of the Forest Manwood parte pri of his Forest laws pag. 95. See Attachment Woodward woodwardus is an officer of the Forest whose function you may partly gather by his oath set down in Cromptons jurisd fol. 201 which M. Manwood hath also in his first part of his Forest laws pag. 50. to the same effect but something more at large viz. You shall truly execute the office of a woodward of B. woods within the Forest of W. so long as you shall be woodward there you shall not conceal any offence either in Vert or in Venison that shall be committed or done within your charge but you shall truly present the same without any favour affection or reward And if you do see or know any Malefactors or do find any Deer killed or hurt you shall forthwith do the verderour understand thereof And you shall present the same at the next Court of the Forest be it Swainmote or Court of Attachments so help you God Woodwards may not walk with Bow and Shafts but with Forest bils Manwood parte pri of his Forest laws pag. 189. and more of him pag. 97. Wooldâ—iver anno 2 et 3 Ph. et Ma. cap. 13. be those that buy VVool abroad in the Country of the Sheep masters and carry it by horse-back to the Clothiers or to Market towns to sell it again Woolferh fod Caput Lupinum is the condition of those which were outlawed in the Saxons time for not yeelding themselves to Iustice For if they could be taken alive they must have been brought to the King and if they in fear or apprehension did defend themselves they might be slain and their heads brought to the King For they carried a VVolves head that is to say their head was no more to be accounted of than a VVolves head being a beast so hurtfull unto man See the Laws of King Edward set out by M. Lamberd fol. 127. b. nu 7. The very like whereof Bractâ—n also saith lib. 3. tract 2. cap. 11. See Vtlary Roger Hoveden writeth it Wulvesheved parte poster suorum annalium fol. 343. b. whom read of this matter because you shall there see what it was in those daies to violate the peace of the Church Wool-staple anno 51 H. 3. stat 5. See Staple Wool winders be such as wind up every fleece of Wool that is to be packed and sold by weight into a kind of bundle after it is cleansed in such manner as it ought to be by statute And to avoid such deceit as the owners were wont to use by thrusting locks of refuse Wool and such other drosse to gain weight they are sworn to perform that office truly between the owner and the Merchant See the Statute anno 8 H. 6. cap. 22. et anno 23 H. 8. cap. 17. et an 18 Eliz. cap. 25. Would See Weald Wranglands seem to be mis-grown Trees that will never prove Timber Kitchin fol. 169. b. Wormseed Semen sanctonicum is a medicinal seed brought forth of that Plant which in Latine is called Sementina in English Holy worm wood whereof you may read in Gerards Herbal li. 2. cap. 435. This is a Drug to be garbled anno 1 Jac. cap. 19. WR Wreck wreecum vel wrectum maris is the losse of a ship and the goods therein contained by tempest or other mischance at the Sea The Civilians call it Naufragium This wreck being made the goods that were in the ship being brought to Land by the waves belong to the King by his Prerogative And thereupon in many books of our Common law the very goods so brought to land are called wreck And wreck is defined to be those goods which are so brought to Land Sir Edward Coke vol. 6. relatio fol. 106. a. and the Statute anno 17 Edward 2. cap. 11. in these words Item Rex habebit wreccum maris per tatum Regnum ballenas et sturgeones captas in mart vel alibi infra Regnum except is quibusdam locis privilegiatis per Regem Whereby it appeareth that the King hath them or such as have by Grant this liberty or Privilege of him And that this Statute doth but affirm the antient law of the Land it appeareth by Bracton lib. 2. cap. 5. num 7. hiis verbis Sunt etiam aliae res quae pertinent ad Coronam propter privilegium Regis et ita communem non recipiunt libertatem quin dari possint ad alium transferri Quia si transferantur translatio nussi erit damnosa nisi ipsi Regi sive Principi Et si hujusmodi res alicui concessae fuerint sicut wreccum maris c. The reason of this he toucheth shortly in his first book cap. 12. num 10. where he reckneth these goods jure naturali to be in bonis nullius quia non apparet Dominus eorum sed jure Gentium fieri principis And see him also lib. 2. cap. 24. nu m. 1 et 2. It is worth the asking to know what is a wreck and what not in this stricter signification And the Author of the terms of Law saith that if any person of the Ship come to land it is not a wreck or the wreck is not such that the King ought to have the goods with whom agreeth Sir Edward Coke vol. 6. fol. 107. a. No if either a Dog or Cat escape alive to the Land the goods are the Owners still so he come within a year and a day to claim them And for this the Statute is plain Westm prim cap. 4. anno 3 Edward prim
which doctrine Fitzherbert in his Natura brevium fol. 112. E. extendeth thus far that if any of the goods be cast upon the dry Land by any in the ship it is no wreck subject to the Prerogative for by this some of the Ship are presumed to come to land and still to have a custody of the goods Cook ubi supra This in the Grand Customary of Normanny cap. 17. is called varech and latined veriscum where it appeareth that the like law to ours was in Normandy almost in all points But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative though a just challenge of the goods be made within the year and day The Emperors of Rome made no advantage of this pitifull event as appeareth titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poor sea-mens miseries in this case For he quietum clam evit wreck suis subditis Rog. Hoveden parte poster suerum annâ—l fol. 386. Of this M. Skene de verb. siguif speaketh to this effect wreck signifieth a power liberty and prerogative appertaining to the King or to any person to whom the same is granted by him by feoffment or any other disposition to take up and gain such goods as are ship-broken or fall to him by escheat of the sea Writ breve is that with our Common Lawyers in Sir Thomas Smiths judgement lib. 2. de Repub. Anglorum ca. 9. which the Civilians call Actionem sive formulam But I am rather of his judgement that hath added the marginal note unto him saying that Actio is the parties whole sute and that Breve is the Kings precept whereby any thing is commanded to be done touching the sute or action as the Defendant or Tenent to be summoned a distresse to be taken a disseisin to be redressed c. And these writs are diversly divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original writs be those that are sent out for the summoning of the Defendant in a personal or Tenent in a real action or other like purpose before the sute beginneth or to begin the sute thereby Those be judicial that be sent out by order of the Court where the cause dependeth upon occasion growing after sute begun Old nat brev fol. 51. And Iudicial is thus by one sign known from the Original because the Teste beareth the name of the Chief Iustice of that Court whence it commeth where the Original beareth in the Teste the name of the Prince Then according to the nature of the action they be personal or real and real be either touching the possession called writs of Entry or the property called writs of right Fitz. nat br sparsim per totum Some writs be at the sute of a party some of office Old nat br fol. 147. Some ordinary some of privilege A writ of privilege is that which a privileged person bringeth to the Court for his exemption by reason of some privilege See Procedendo See the new book of Entries verbo Privilegt See Brief Writ of Rebellton See Commission of Rebellion Writer of the Tallies Scriptor talliarum is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writeth upon the Tallies the whole letfers of the Tellers bills Y. YA YArd lands Virgata terrae is a quantity of land called by this name of the Saxon Gyrdlander but not so certain a quantity as that it is all one in all places For in some Countries it containeth 20 acres in some 24. in some 30. as M. Lamberd saith in his explication of Saxon words verbo virgata terrae This Yard land Bracton calleth virgatam terrae lib. 2. cap. 10. et 37. but he expresseth no certainty what it containeth YE Year and day annus et dies is a time thought in construction of our Common law fit in many cases to determine a right in one and to work an usucapion or prescrition in another As in a case of an estray if the owner Proclamations being made chalenge it not within that time it is forfeit So is the year and day given in case of appeal in case of descent after entry or claim of no claim upon a fine or writ of right at the Common law so of a villein remaining in antient demean of the death of a man sore bruised or wounded of Protections Essoins in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law Nam si mortiferè fuerit vulneratus et posteà post longum intervallum mortuus fit inde annum numerabimus secundum Iulianum l. ait lex n. ad legem Aquiâ— Year day and wasto annus dies et vastum is a part of the Kings Prerogative whereby he challengeth the profits of their lands and tenements for a year and a day that are attainted of petit treason or felony whosoever be Lord of the Manor whereunto the lands or tenements do belong and not only so but in the end wasteth the tenement destroyeth the houses rooteth up the woods gardens pasture and ploweth up meadows except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee wherof you may read at large Siawnf prarog cap. 16. fol. 44. et seq YO Yoman seemeth to be one word made by contraction of two Danish words young men which I gather out of Canutus Charter of the Forest set out out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend â—uncupant Dani vero yong men vecaut locati qui curam et onus tum viâ—idâ—s tum veneris suscipiant These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Iugenuos whose opinion the Statute affirmeth anno 6 R. 2. cap. 4 Whereunto adde the Statute anno 20. ejusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our Laws call legalem hominem which as he saith is in English a â—ee man born that may dispend of his own free land in yearly revenue to the sum of 40 shillings sterling Of these he writeth a good large discourse touching their estate and use in this Common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch Yonger yea or not which in the Low-countries signifieth a mean Gentleman or a gay fellow but he that hath added the marginal notes to that book seemeth to draw it from the Saxons Geman which signifieth a maried man M. Verstegan in his restitution of decayed intelligence cap. 10. writeth that Gemen among the antient Teutonicks and Germein among the modern signifieth as much as common and that the first Letter G. is in this word as in many others turned into Y. and so writeth Yemen and that therefore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place between the Sergeant and the Groom as Yoman of the Chaundry and Yoman of the Scullery an 33 Hen. 8. cap. 12. Yoman of the Crown anno 3 Ed. 4. cap. 5. anno 22 ejusdem cap. 1. anno 4 H. 7. cap. 7. This word Yongmen is used for Yomen in the Statute anno 33 H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS