i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit 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 a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke 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 Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
impleaded of certaine lands and I vouch to warrant another against whom the summons ad warrantizandum hath bene awarded and the Shyreeue commeth not at the day giuen then if the demandant recouer against me I shall haue this writ against the vouchee and shall recouer so much in value of the land of the vowchee if he haue so much and if he haue not so much then I shall haue execution of such lands and tenements as descend vnto him in fee-simple or if he purchase afterward I shall haue against him a resummons and if he can nothing say I shall recouer the value And note ye that this writ lyeth before apparence Thus farre goeth the booke Of these and the diuers vses of them see the Table of the Register iudiciall verbo Cape Capias is a writ of two sortes one before iudgement called Capias ad respondendum in an action personall if the Shyreeue vpon the first writ of distresse returne nihil habet in baliua nostra and the other is a writ of execution after iudgement being also of diuers kindes viz. Capias ad satisfaciendum Capias pro fine Capias vtlagatum Capias vtlaga 〈…〉 inquiras de bonis catallis Capias ad satisfaciendum is a writ of execution after iudgement lying where a man recouereth in an action personall as debt or dammages or detinew in the kings court and he against whome the debt is recouered and hath no lands nor tenemēts nor sufficient goods wherof the debt may be leuied For in this case he that recouereth shal haue this writ to the shreue commanding him that he take the body of him against whome the debt is recouered and he shal be put in prison vntill satisfaction be made vnto him that recouered Capias pro fine is where one being by iudgement fined vnto the king vpon some offence committed against a statut doth not discharge it according to the iudgement For by this is his body taken and committed to prison vntill he content the king for his fine Coke li. 3. fo 12. a. Capias vtlagatum is a word of execution or after iudgement which lyeth against him that is outlawed vpon any suite by the which the shyreue vpon the receite thereof apprehendeth the party outlawed for not appearring vpon the exegend and keepeth him in safe custodie vntill the day of returne assigned in the writ and then presenteth him vnto the court there farder to be ordered for his contempt Capias vtlagatum inquiras de bonis catallis is a writ al one with the former but that it giueth a farder power to the shyreeue ouer and beside the apprehension of the body to inquire of his goods and cattels The forme of all these writs see in the ould nat br fo 154. and see the Termes of law verbo Proces Lastly you may finde great variety of this kinde in the table of the Register iudiciall verbo Capias Capias in Withernamium de averijs is a writ lying for catell in Withernam Register orig fo 82. 83. see Withernam Capias in Withernamium de homine is a writ that lyeth for a seruant in Withernam Regist or fo 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking vp of such as hauing receiued prest mony to serue the king slink away and come not in at their time assigned Register orig fo 191. Captaine aliàs capitayne capitaneus commeth of the French capitaine and signifieth with vs him that leadeth or hath charge of a companie of souldiers and is either generall as he that hath the gouernance of the whole host or speciall as he that leadeth one only band The word capitanei in others nations signifieth more generally those that are in latine called principes or proceres because as Hottoman saith in verbis feudalibus tanquā caput reliquo corpori sic hij reliquis civibus praesunt He divideth them into two sorts and to vse his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelligūtur li. 1. feudo tit 1. § 1. ti 7. Alii impropriè qui vrbiū praefecti sunt quibus plebs ab aliquo superiorum gubernanda committitur qui vallasores regit maiores appellantur l. 1. feud tit 1. § 1. tit 7. tit 17. So we haue captaines of castels heere in England and other places as of the Isles of Gearsey and Gearnsey of the Isle of Weight c. Capite is a tenure which holdeth immediately of the king as of his crown be it by knights seruice or socage Broke tit Tenures 46. 94. Dyer fo 123. nu 38. fo 363. nu 18. not as of any Honour castell or maner and therefore it is otherwise called a tenure that holdeth meerely of the king because as the crowne is a corporation and seigneury in grosse as the common lawyers terme it so the King that possesseth the crowe is in accōpt of lawe perpetually King and neuer in his minoritie nor neuer dieth no more then populus doth whose authoritie he beareth See Fitzh nat br fo 5. F. Note by the way that a man may hold of the king and not in Capite that is not immediately of the crowne in grosse but by meanes of some Honour castel or maner belonging to the Crowne wherof I hold my land Whereof Kitchin saith well that a man may hold of the King by Knight seruice and yet not in capite because he holdeth happily of some honour by Knights seruice which is in the kings hands as by descent from his auncesters and not immediately of the king as of his crowne fo 129. with whome agreeth Fitzh nat br f. 5. K. whose words are to this effect So that it plainely appeareth that lands which be held of the king as of an honour castell or maner are not held in capite of the King because that a writ of right in that case shall be directed to the bayliffe of the honour castell or maner c. but when the lande be held of the King as of his crowne then they be not held of honour castell or maner but meerely of the King as King and of the Kings crowne as of a seigneury of it selse in grosse and the cheife aboue all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. n. 37. Author of the new termes verb. Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hould of the person of the King and not in capite His example is this if the King purchas a maner that I. S. houldeth the tenent shall hould as he held before and shall not render liuery or primier seisin nor hould in capite And if the king graunt that maner to W. N. in fee excepting the seruices of I. S. then I. S. holdeth of
5. El. ca. 5. and diuers others Creast Tile See Roofe tile Croft croftum is a litle close or pitle ioyning to a house that sometimes is vsed for a hemp ground sometime for corne and sometime for pasture as the owner listeth It seemeth to come of the ould english word Creaft signifiing handy craft because such groundes are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be vsed by Britton ca. 122. for such as are pilgrimes the reason may be for that they weare the signe of the crosse vpon their garments Of these and their priuileges reade Bracton li. 5. parte 2. ca. 2. parte 5. ca. 29. and the grand custumary of Normandy ca. 45. Vnder this word are also signified the knights of the order of Saint Iohn of Ierusalem created for the defence of pilgrims Grego Syntag. li. 15. ca. 13. 14. Cucking stoole tumbrella is an engine inuented for the punishment of scolds and vnquiet women called in auncient time a tumbrell Lamb. eirenarcha li. 3. ca. 12. po 62. in meo Bracton writeth this word tymborella Kitchin where he saith that euery one hauing view of Erankpledge ought to haue a pillorie and a tumbrell seemeth by a tumbrell to meane the same thing cap. Charge in court leete fol. 13. a. Cuth other vncuth privatus vel extraneus These be old English words not yet worne out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Conthutlaughe Cui ante divortium is a writ that a woman diuorced from her husband hath to recover lands or tenements from him to whome her husband did alienate them during the mariage because during the mariage she could not gainesay it Regist ori fol. 233. Fitzh nat br fol. 204. Cuinage is a word vsed for the making vp of tinne into such fashion as it is commonly framed into for the cariage thereof into other places anno 11. H. 7. cap. 4. Cui in vita is a writ of entrie that a widow hath against him to whome her husband aliened her lands or tenements in his life time which must containe in it that during his life time she could not withstand it Regist orig fol. 232. Fitz. nat br fol. 193. See the newe booke of Entries ver ho. Cut in vita Cuntey cuntey is a kind of triall as appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntye cuntey sicut inter cohaeredes Bracton lib. 4. tra 3. cap. 18. And againe in the same place In brevi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto vbi nec duellum nec magna assisa sed per cuntey cuntey omnino which in mine opinion is as much as the ordinarie Iurie Curfew commeth of two French words couvrir i. tegere and feu i. ignis We vse it for an euening peale by the which the Conquerour willed euery man to take warning for the raking vp of his fire and the putting out of his light So that in many places at this day where a bell customably is rung toward bed time it is said to ring curfew Stowes annals Curia avisare vult is a deliberation that the court purposeth to take vpon any point or points of a cause before iudgement be resolued on For this see the new booke of Entries verbo Curia avisare vult Curia claudenda is a writ that lyeth against him who should fence and close vp his ground if he refuse or deferre to doe it Register orig fo 155. Fitzh nat br fo 127. See also the newe booke of Entrise verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an officer or clerke belonging to the chancerie that maketh out originall writs anno 14 15. H. 8. ca. 8. They be called clerks of course in the oathe of the clerks of the chancerie appointed anno 18. Ed. 3. stat 5. ca. vnico There be of these 2◠in number which haue allotted vnto every of them certaine shires into the which they make out such originall writs as are by the subiect required and are a corporation among themselues Curteyn curtana was the name of king Edward the sainct his sword which is the first sword that is caried before the kings of this land at their cotonation Mathaeus Parisiensan Henrico tertio And I haue heard say that the point thereof is broken which may argue an embleme of mercie Curtilage See Courtelage Custode admittendo Custode amouendo are writs for the admitting or remouing of gardians Register original in indice Custom consuctudo is all one in signification with our common lawyers and Civilians being by them both accounted a part of the lawe Consuetudo quandoque pro lege seruatur faith Bracton in partibus vbi fuerit more vtentium approbata Longaevi enim temporis vsus consuetudinis non est vilis authoritas li. 1. ca. 3. It may be thus not vnaptly defined Custom is a lawe or right not written which being established by long vse and the consent of our awncesters hath beene and is daily practised our awncesters that is maiores and those of our kindred that are vltra tritavum li. 4. § parentem Π. de in ius vocando l. vlt. § parentes Π. de gradibus affini nominibus eorum So that allowing the father to be so much owlder then his sonne as pubertas or the years of generation doe require the grandfather so much elder then him and soe forth vsque ad tritavum we cannot say that this or that is a custom except we can iustifie that it hath continued so one hundred yeares For tritavus must be so much elder then the party that pleadeth it yet because that is hard to proone it is enough for the profe of a custom by witnesses in the common lawe as I haue credibly heard if two or more can depose that they heard their fathers say that it was a custome all their time and that their fathers heard their fathers also say that it was likewise a custome in their time If it be to be prooved by record the continuance of a hundred yeares will serue Custom is either generall or particular generall I call that which is current thorough England whereof you shall read diuers in the Doctor and Student li. pri ca. 7. very worthy to be knowne Particular is that which belongeth to this or that countie as Gavelkind to Kent or to this or that Lordship citie or towne Custom differeth from prescription for that custom is common to more and prescription in some mens opnion is particular to this or that man Againe prescription may be for a farre shorter time then a custom viz. for fiue yeare or for one yeare or lesse Example of fiue yeares prescription you haue in the levying
originall writ of deceite lieth where any deceit is done to a man by another so that he hath not sufficiently performed his bargaine or promise In the writ iudicial he concurreth with the former booke See the Reg. orig fo 112. and the Reg. iudiciall in the table verbo Deceptione Decimis solvendis pro possessionibus alienigenarum is a writ or leters patents yet extant in the Register which laye against those that had fermed the Priors aliens lands of the king for the Rector of the Parish to recouer his tythe of them Regi orig fol. 179. Deciners aliâs desiners aliâs doziners decennarii commeth of the French dizeine i. decas tenne in number or else of disenier i. decearchus It signifieth in the auncient monuments of our lawe such as were wont to haue the ouersight and checke of ten friburgs for the maintenance of the kings peace And the limits or compasse of their iurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also reade Fleta lib. 1. cap. 27 and a touch in the Regist orig fol. 68. b. These seemed to haue la 〈…〉 authoritie in the Saxons time 〈◊〉 king knowledge of causes within their circuite and redressing wrongs by way of iudgement as you may reade in the lawes of king Edward set out by M. Lambard 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 booke in this maner We will that all those which be 14. yeares old shall make oath that they shall be sufficient and loyall vnto vs and that they will be neither felons nor assenting to felons and we will that all be en dozeine plevis per dozeniers that is professe themselues to be of this or that dozein and make or offer suretie of their behauiour by these or those doziniers except religious persons clerks knights and their eldest sonnes and women Yet the same author in his 29. chapter some thing toward the end doth say that all of 12. yeares old and vpward are punishable for not comming to the Turne of the Shyreeue except Earles Prelats Barons religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these wordes The like lawe is where the dozeniers make presentment that a felon is taken for felonie and deliuered to the Shyreeue c. And Kitchin out of the Register and Britton saith thus Religious persons clerkes knights or women 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 his oath of loyaltie to his Prince for suretie none ordinarily findeth at these dayes is setled in the combination or societie of a dozein And a dozein seemeth now to extend so farre as euery leete extendeth because in leetes onely this oathe is ministred by the steward and taken by such as are twelue yeares old and vpwards dwelling within the compasse of the leete where they are sworne Fitz. nat br fol. 161. A. The particulars of this oath you may reade in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the commission of the Iustices being read and the cause of their comming being shewed debent Iusticiarii se transferre in aliquem locum secretum vocatis ad se quatuor vel sex vel pluribus de maioribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum et sic inter se tractatum habeant Iusticiarii ad muicem ostendant qualiter a Domino Rege eius concilio prouisum sit quod omnes tam milites qùam alii qui sunt quindecim annorum ampliùs iurare debent qùod vtlagatos murditores robbatores burglatores non receptabunt neceis consentient nec eorum receptatoribus si quos tales nouerint illos attachiari facient hoc Vicecomiti baliuis suis monstrabunt si hutesium vel clameum de talibus audiverint statim audsto clamore sequantur cum familia hominibus de terra sua Here Bracton setteth downe 15. yeares for the age of those that are sworne to the kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12. yeares See Inlaughe A man may note out of the premisses diuersities betweene the auncient and these our times in this point of law and gouernement as well for the age of those that are to be sworne as also that Decennier is not now vsed for the chief man of a Dozen but for him him that is sworne to the kings peace and lastly that now there are no other Dozens but leetes and that no man ordinarily giueth other security for the keeping of the kings peace but his owne oathe and that therefore none aunswereth for anothers transgression but euery man for himselfe And for the general ground this may suffice See Frankepledge Declaration declaratio is properly the shewing foorth or laying out of an action personall in any suite howbeit it is vsed sometime and indifferently for both personall and reall actions For example anno 36. Ed. 3. c. 15. in these words By the auncient termes and formes of declarations no man shall be preiudiced so that the mater of the action be fully shewed in the demonstration in the writ See the new Termes of lawe See Cownte Dedimus potestatem is a writ whereby commission is giuen to a priuate man for the speeding of some act appertaining to a Iudge The Civilians call it Delegationem And it is graunted most commonly vpon suggestiō that the partie which is to doe something before a Iudge or in court is so feeble that he cannot trauell It is vsed in diuers cases as to make a personall aunswer to a bill of complaint in the Chaunceric to make an Atturney for the following of a suite in the Countie Hundred Wapentake c. Oldnat br fol. 20. To levie a fine West part 2. symbol titulo Fines sect 112. and diuers other effects as you may see by Fitzh nat br in diuers places noted in the Index of the booke In what diuersitie of cases this writ or commission is vsed see the table of the Regist orig verbo Dedimus potestatem Deedes Facta signifie in our commō law wrighungs that containe the effect of a contract made betweene man and man which the ciuilians call literarum obligationem And of deeds there be two sorts deeds indented and deeds poll Which diuision as M. West saith parte i. Simbol lib. 1. sect 46. groweth from the forme or fashion of them the one being cut to the fashion of teeth in the toppe or side the other being plaine And the definition of a deede indented he expresseth thus Sect. 47. A deed iudented is a deede consisting of two partes or more in which it is expressed that the parties to the same deede haue to euery parte thereof interchangeabely or seuerally
vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quà m alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this 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 vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. 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 vsed 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 Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a sword in the ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
tract 3. ca. 3. nu 3. and Cassan de consuet Burg pag. 335. and Tiraquel in his booke De Nobilitate cap. 20. pag. 68. nu 26. See the statute anno 31. H. 8. cap. 8. in prooemio and many excellent men more that handle this point That learned Hotoman in his Francogallia doth vehemently oppugne this ground as some other that write in corners but he is so cleane overborne by the pois of reason that not onely many meaner men for learning triumph ouer him in this case but himselfe as I haue credibly hard vpon the sight of his fault cried God and the world mercie for his offence in writing that erroneous and seditious booke The Emperours of Rome had their semestria consilia their praetorium or place of councell builded by Augustus in his palace and therevpon called palatium afterward termed consistorium where they as in their principall court did both determine the greatest sort of their causes and also made their constitutions And heere had they assisting them many of the wisest of their empire whome 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 enioyed many priuiledges Yet were they but assistants to the Emperour to aduise him not chalenging any power ouer him or equal with him More touching the course and order of this Parlament see in Cromptons Iurisdict fol. pri seqq and Vowell aliâs Hooker in his booke purposely writen of this mater See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is vsed in Kitchin fol. 193. for a plee in court It is also sometime ioyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Persona commeth of the French Personne It peculiarly signisieth with vs the Rector of a church the reason whereof seemeth to be bicause he for his time representeth the church and susteineth the person thereof as well in siewing as being siewed in any action touching the same See Fleta lib. 6. ca. 18. Parson impersonee persona impersonata is he that is in possession of a church whether appropriated or not appropriated for in the new booke of Entries verbo Ayde in Annuity you haue these words Et praedictus A dicit quod ipse est persona praedictae ecclesiae de S. impersonata in eadem ad praesentationem E. patronissae c. So I haue reason to thinke that persona is the patrō or he that hath right to giue the benefice by reason that before the Lateran councell he had right to the tithes in respect of his liberalitie vsed in the erection or endowment of the church quasi sustineret personam ecclesiae and he persona impersonata to whome the benefice is giuen in the patrons right For I reade in the Register Iudiciall personam impersonatam for the Rector of a benefice presentatiue and not appropriated fol. 34. b. and see Dyer fol. 40. nu 72. where he saith that a Deane and chapter be persons impersonees of a benefice appropriated vnto them who also fol. 221. num 19. plainly sheweth that persona impersonata is he that is inducted and in possession of a benefice So that persona seemeth to be termed impersonata onely in respect of the possession that he hath of the benefice or Rectorie be it appropriated or otherwise by the act of another And yet I haue talked with men of good opinion in the common lawe that hold onely the proprietarie of a benefice to be the person personee But if that weare true he should rather be called person parsonnier i. partiarius vel particeps fructuum because the Vicare hath some parte toward his paines in seruing the cure For parsonnier in the french tongue is partiarius or particeps Partes finis nihil habuerunt c. is an exception taken against a fine levied Cookes reports lib. 3. the case of Fines fol. 88. a. b. Parters of gold and siluer See Finours Partitione facienda is a writ that lieth for those which hould lands or tenements Pro Indiuiso and would seuer to euery one his part against him or them that refuse to ioyne in partition as Coparceners and Tenents in Gauel kind ould nat br fol 142. Fitzh nat br fol. 61. Register orig fol. 76. 316. and Register Iudiciall fol. 80. and the new booke of Entrise verbo Partition Part let seemeth to be some part of a mans attire as namely some loose collar of a dublet to be set on or taken of by it selfe without the bodies as mens bands or womens neckirchiefs be which are in some places or at least haue beene within memory called partlets This word is reade in the statute anno 24. H. 8. ca. 13. and seemeth to be a diminutine of the word part Paruo nocumen to is a writ See Nusance Passage Passagium is a French word signifying transitum transitionem meatum It signifieth in our common lawe the hire that a man payeth for being transported ouer sea anno 4. Ed. 3. cap. 7. or ouer any riuer Westm 2. cap. 25. anno 13. Ed. pri Passagio is a writ to the keepers of ports to let a man passe ouer that hath license of the king Register originall fol. 193. b. 194. a. Passeport is compounded of two French words Passer i. perambulare transire and port i. portus It signifieth with vs a license made by any that hath authoritie for the safe passage of any man from one place to another anno 2. Ed. 6. ca. 2. Pasuage pasuagium See Pawnage Patent literae patentes is different from a writ Cromptons Iurisd fol. 126. The Coroner is made by writ and not by patent See Leters patents See also Literae patentes in the table of the Register where you shall finde the forme of diuers patents Patron Patronus is vsed in the Ciule lawe for him that hath manumitted a seruant and thereby is both iustly accompted his great benefactor and challengeth certaine reverence and dutie of him during his life see the title De iure patranatus in the Digest with the Feudists it is vsed pro authore feudi Hotom verbo Patronus in his commentarie de verbis feudal In the canon lawe as also in the feuds and our common lawe it signifieth him that hath the gift of a benefice And the reason is because the gift of churches and benefices originally belonged vnto such good men as either builded them or els indowed them with some great part of the reuenew belonging vnto them De iure patronatus in the Decretals Such might well be called patrons as builded the Church or inriched it but these that now haue the gift of a benefice are more commonly patronized by the Church though against her will alway selling their presentations as deerely as they can and therefore may be called Patroni a patrocinando as
Mons à mouendo Patronum faciunt dos aedificatio fundus saith the old verse Of lay patrons one writeth thus Quod autem a supremis pontisicibus proditum est ca. cùm dilectus extra de iure patronatus laicos ius habere presaentaÌ„di clericos Ordinarois hoc singulari favore sustinetur vt allecteÌ„tur laici inviteÌ„tur inducantur ad constructioneÌ„ ecclesiaruÌ„ c. quoniam eodem Nec omni ex parte ius patronatus spirituale censeri debet sed temporale potius spirituali annexum glos in c. piae mentis 16. qu. 7. These be Corasius words in his paraphrase ad sacerdotiorum materium parte pri cap. 2. and parte 4. cap. 6. in principio he thus writeth of the same mater Patroni in iure Pontificio dicuntur qui alicuius ecclesiae extruendae aut alterius cuiuscunque fundationis ecclesiasticae authores fuerunt ideoque praesentandi offerendi clericum ius habent quem ecclesiae vacanti praeesse in ea collatis reditibus frui velint Acquirunt autem hoc ius qui de Episcopi consensu vel fundant ecclesiam hoc est locum in quo templum extruitur assignant vel ecclesiam aedificant vel etiam constructas ecclesias ante consecrationem dotant vt non valde sit obscurum ius patronatus quo de agimus finire ius esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum qui consentiente Episcopo vel constâ—uxiâ— vel dot avit ecclesiam Pannage Pannagium aliâs pasnagium or pennagium as it is latined in pupilla oculi may be probably thought to come of the French panez or panets which is a roote something like a parsnep but somewhat lesse and ranker in taste which hogs in Fraunce feede vpon though it be eaten by men also and the French may seeme to come of the latine pamcium i. that which men vse in the steede of bread Isodorus or panicium of the French It signifieth in our common law the mony taken by the Agistors for the feede of hogs with the mast of the kings forest Crompton Iurisd fol. 165. Westm 2. cap. 25. anno 13. Ed. pri with whom M. Manwood parte pri of his forest lawes agreeth in these words Agistment is properly the common of herbage of any kinde of ground or land or woods or the money due for the same and pawnage is most properly the mast of the woods or lands or hedge-rowes or the money due to the owner of the same for it But this learned man in his second part cap. 12. where he writeth at large of this driueth the word from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which I thinke he smiled himselfe when he set it downe Lindwood defineth it thus Panagium est pastus pecorum in nemoribus in syluis vtpote de glandibus aliis fructibus arborum syluestrium quarum fructus aliter non solent colligi titulo de decimis ca. sancta verb Pannagiis M. Skene de verborum signf calleth it pannagium and defineth it to be the duty giuen to the king for the pasturage of swine in his forest The French word for the same thing is panage or glandee i. glandatio vel glandium collectio pastio suum ex glandibus And we surely take it from the French whence they had it or what etimologie they make of it let themselues looke Peace pax in the generall signification is opposite to warre or strife But particularly it signifieth with vs a quiet and harmlesse cariage or behauiovr toward the king and his people Lamb. eirenarcha li. 1. ca. 2. pag. 7. And this is one way prouided for all men by oath as you may read in Frank pledge but more especially in case where one particular man or some few goe in daunger of harme from some other For vpon his oath made thereof before a Iustice of peace he must be secured by good bond See Lamb. eirenarcha lib. 2. c. 2. p. 77. See also Cromptons Iustice of peace fol. 118. b. c. vsque f. 129. This amoÌ„g the CiuiliaÌ„s is called cautio de non offendedo Gail de pace publ lib. pri c. 2. nu 〈◊〉 Peace of God and the church pax Dei ecclesiae is aunciently vsed for that rest which the kings subiects had from trouble and suite of law betweene the termes See Vacation Peace of the King anno 6. R. 2. stat pri ca. 13. is that peace and securitie both for life and goods which the King promiseth to all his subiects or others taken to his protection See Suite of the kings peace This pointe of policie seemeth to haue beene borowed by vs from the Feudists for in the second booke of the seuds there is a chapter viz. the 53. chapter intituled thus De pace tenenda inter subditos iuramento firmanda vindicanda de poena iudicibus apposita qui cum vindicare Iustitiam facere neglexerint the contents of which chapter is a Constitution of Fredericke the first as Hotoman there proueth expounding it very learnedly and like himselfe Of this kings peace Roger Houeden setteth downe diuers branches parte poster suorum annalium in Henr. 2. fol. 344. a. b. and fol. 430. b. he mentioneth a sorme of an oth which Hubert Archbishop of Canterburie and chiefe Iustice of EnglaÌ„d in R. the first his daies sent through the whole realme to be taken by the kings subiects See Deciners See Suertie of peace There is also the peace of the Church for which see Sanctuarie And the peace of the kings high way which is the immunitie that the kings high way hath from all annoyance or molestation See Watling street The peace of the plowe whereby the plow and plow catell are secured from distresses For which see Fitz. nat br fol. 90. A. B. So Fayres may be said to haue their peace because noe man may in them be troubled for any debt elsewhere contracted See Fayre Pedage pedagium signifieth money giuen for the passing by foote or horse through any countrey extra de Censibus ca. Innovamus I reade not this word in any English writer but onely the author of the booke called pupilla oculi parte 9. cap. 7. A. D. I thinke we rather vse passage for it Pedagia dicuntur quae dantur â transeuntibus in locum constitutum à principe Et capiens pedagium debet dare saluum conductum territorium eius tenere securum Baldus in vsibus Feudorum de pa. iura fir § Conventionales Cassan de consuetud Burg. pag. 118. hath these wordes Pedagium a pede dictum est quòd à transeuntibus solvitur c. Peere pila seemeth properly to be a fortresse made against the force of the sea for the better securitie of ships that lye at harbour in any hauen So is the peere of Douer described in M. Camd. Brit. p. 259. in meo Peeres pares commeth of the French per. i. par it signifieth in
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
the Custos breuium of the common place before it be ingrossed for afterward it cannot be had and it lieth for the Grauntee of a Reversion or Remainder when the particular tenent will not atturne West parte 2. symbol titulo Fines sect 118. whome see farder See the Register Iudiciall fol. 36. 57. And the newe booke of Entries verbis Quid iuris clamat Quinquagesima Sunday is alway the next Sabbath before Shrouetide so called because it is the fiueteth day before Easter The reasons of this appellation who so desireth to know hee may finde diuers such as they bee in Durandi Rationaeli diuinorum capit De Quinquagesima Sexagesima Sunday is the next Sabbath before Quinquagesima so called in the opinion of the said authour because the number of sixtie consisteth of sixe times tenne sixe hauing reference to the sixe workes of mercie and tenne to the tenne commandements Septuagesima is the next before Sexagesima and isinstituted and so called as Durand likewise saith for three things and to vse his owne words Primò propter redemptionem Sabbathi vel secundum alios quintae feria in quae sancti Patres statuerunt ieiunari Secundò propter repraesentationem quoniam repraesentat septuaginta annos captiuitatis Babilonicae Tertio propter significationem quoniam per hoc tempus significatur deniatio exilium tribulatio totius humani generis ab Adam vsque ad finem mundi quod quidem exilium sub revolutione septem dierum peragitur sub septem millibus annorum includitur But of these three dayes you may reade him at large that haue a mind to learne of him I onely take occasion to note what time of the yeare they be because I find them spoken of in our ancient lawe writers as Britton ca. 53. and such like Quite claime quiete clamantia vel quieta clamantia is a release or acquiting of a man for any action that he hath or might haue against him Bracton lib. 5. tract 5. cap. 9. num 9. lib. 4. tractat 6. cap. 13. num prim Quittance quietantia see Acquitance Quid pro quo is an artificiall speech in the common lawe signifying so much as the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Ciuilians which is a mutuall pretestation or performance of both parties to a contract as a horse and tenne pound betweene the buyer and the seller Kitchin fol. 184. Quinsieme Decima quintae is a French word signifying a fifteenth It is vsed in our common lawe for a taxe laid vpon the subiects by the Prince an 7. H. 7. cap. 5. so tearmed because it is rated after the fifteenth part of mens landes or goods See Fifteenth and Taxe The Fifteenth as Crompton saith in his Iurisdict fol. 21. is leuied more commonly in these dayes by the yards of land and yet in some places by goods also and note also that he there saith that it is well knowne by the Exchequer rolle what euery towne through England is to pay for a Fifteenth Sometime this this word Quinsieme is vsed for the fifteenth â—ay after any feast as Quinsieme of S. Iohn Baptist anno 13. Ed. prim cap. 3. anno decimo octano eiusd capit prim Quòd ei deforciat is a writ that lyeth for the tenent in tayle tenent in dower or tenent for terme of life hauing lost by default against him that recouered or against his heire Exposition of termes See Broke hoc tit See the Regist original fol. 171. and the new booke of Entries verbo Quod ei defortiat Quod permittat is a writ that lyeth for him that is disseised of his commune of pasture against the heire of the disseisour being deade Termes of lawe Britton ca. 8. saith that this writ lyeth for him whose auncestour died seised of commune of pasture or other like thing annexed to his inheritance against the Deforceour See Broke hoc titulo See the Register origin fol. 155 and the new booke of Entries verbo Quod permittat Quod Clerici non eligantur in officio Ballivi c. is a writ that lyeth for a Clerke which by reason of some land he hath is made or in doubt to be made either Bayliffe Bedell or Reeue or some such like officer See Clerico infra sacros c. See the Register orig fol. 187. Fitz. nat br fol. 175. Quòd Clerici beneficiatide Cancellaria c. is a writ to exempt a Clerk of the Chauncerie from contribution toward the Procters of the Clergie in Parlament Register originall fol. 261. a. Quòd personae nec Praebendarii c. is a writ that lieth for spirituall persons that are distrained in their spirituall possessions for the payment of the fifteenth with the rest of the parish Fitz. nat br fol. 176. Quòd non permittat See Consuetudinibus seruiciis Quo iure is a writ that lyeth for him that hath land wherein another chalengeth commun of pasture time out of mind And it is to compell him to shewe by what title he challengeth this commune of pasture Fitzh nat br fol. 128. Of this see Briton more at large cap. 59. see the Register origin fol. 156. and the newe booke of Entries verbo Quo iure Quo minus is a writ that lyeth for him which hath a graunt of housebote and heybote in another mans woods against the graunter making such waste as the grauntee cannot enioy his graunt old nat br fol. 148. Termes of lawe see Brooke hoc titulo See Kitchin fol. 178. b. This writ also lyeth for the Kings fermer in the Exchequer against him to whom he selleth any thing by way of bargaine touching his ferme Perkins Graunts 5. For he supposeth that by the breach of the vendee he is disabled to pay the king his rent Quo warranto is a writ that lyeth against him which vsurpeth any Frawnchis or libertie against the king as to haue wayfe stray faire market court Baron or such like without good title old nat br fol. 149. or else against him that intrudeth himselfe as heire into land Bracton lib. 4. tractat 1. cap. 2. num 3. See Brook hoc titulo You may reade of this also anno 18. Ed. prim Stat. 2. 3. anno 30 eiusdem And the new booke of Entries Quo warranto R RAcke vintage anno 32. H. 8. cap. 14. is a second vintage oâ— voyage for wines by our Merchants into Fraunce c. For rackt wines that is wines clensed and so purged that it may be and is drawne from the leese From this voyage our Merchants commonly returne about the end of December or beginning of Ianuarie Radknights See Rodeknights Ran is a Saxon word signifying so open a spoiling of a man that it cannot be denied Lamb. Archan fol. 125. defineth it thus Ran dicitur aperta rapina quae negari non potest Ransime redemptio commeth of the French rançon or rençon i. redemptio It signifieth properly with vs the summe paid for the redeeming of a Captiue and sometime
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans 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. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners 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 pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
and sould by weight into a kinde of bundle after it is clensed in such maner as it ought to be by statute And to auoide such deceit as the owners were wont to vse by thrusting locks of refuse wooll and such other drosse to gaine weight they are sworne to performe that office truly betweene the owner and the merchant See the statute anno 8. H. 6. cap. 22. anno 23. H. 8. ca. 17. anno 18. Eliza. ca. 25. Would See Weald Wranglands seeme to be misgrowne trees that will neuer prooue timber Kitchin fol. 169. b. Wormseede semen santonicum is medicinal seede browght forth of that plant which in Latine is called Sementina in English holy wormwood whereof you may read in Gerards Herball li. 2. ca. 435. This is a drugge to be garbled anno 1. Iacob cap. 19. Wreck wreccum vel wrectum maris is the losse of a shippe and the goods therein conteined by tempest or other mischaunce at the sea The Ciuilians call it Naufragium This wreck being made the goods that were in the shippe being brought to land by the waues belong to the king by his prerogatiue And therevpon in many bookes of our common lawe 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 Ed. Coke vol. 6. relatio f. 106. a. the statute anno 17. Ed. 2. ca. 11. in these words Item Rex habebit wreccum maris per totum Regnum ballenas sturgiones captas in mari vel alibi infra Regnum exceptis quibusdam locis privilegiatis per Regem Whereby it appeareth that the King hath them or such as haue by graunt this libertie or priuiledge of him And that this statute doth but affirme the auncient lawe of the land it appeareth by Bracton lib. 2. cap. 5. num 7. hiis verbis Suntetiam alia res quae pertinent ad coronā propter privilegium Regis it a communem non recipiunt libertatem quin dari possint ad alium transferi Quia si transferantur translatio nulli erit damnosa nisi ipsi Regi fiue principi Et si huiusmods res alicui concessae fuerint sicut wreccum maris c. The reason of this he toucheth shortly in his first booke cap. 12. num 10. where he reckoneth these goods iure naturali to be in bonis nullius quia non apparet Dominus eorum sed iure Gentium fieri principis And see him also lib. 2. cap. 24. num 1. 2. It is worth the asking to know what is a wreck and what not in this stricter signification And the author of the termes of lawe saith that if any person of the shippe come to land it is not a wreck or the wreck is not such that the king ought to haue the goods with whome agreeth S. Ed. Coke vol. 6. f. 107. a. No if either Dogge or Catte escape aliue to the land the goods are the owners still so he come within a yeare and day to claime them And for this the statute is plaine Westm pri ca. 4. anno 3. Edw. pri which doctrine Fitzh in his nat br fol. 112. 〈◊〉 extendeth thus farre that if any of the goods be cast vpon the drie land by any in the shippe it is no wreck subiect to the prerogatiue for by this some of the shippe are presumed to come to land and still to haue a custodie of the goods Cooke vbi supra This in the Grand Custumarie of Normandie cap. 17. is called varech and latined veriseum where it appeareth that the like lawe to ours was in Normandie almost in all points But some sorts of their pretious Merchandise doe by their lawe appertaine to the Duke by his prerogatiue though a iust challenge of the goods be made within the yeare and day The Emperours 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 poore sea mens miseries in this case For he quietum clamavit wreck suis subditis Rog. Hoveden parte poster suorum annal fol. 386. Of this M. Skene de verb. signif speaketh to this effect wreck signifieth a power liberty and prerogatiue appertaining to the King or to any person to whome the same is graunted by him by feofment or any other disposition to take vp and gaine such goods as are ship broken or fall to him by escheate of the sea Writ breue is that with our common lawyers in Sir Tho. Smiths iudgement lib. 2. de Repub Anglorum cap. 9. which the Civilians call Actionem siue formulam But I am rather of his iudgement that hath added the marginall note vnto him saying that Actio is the parties whole suite and that Breue is the kings precept whereby any thing is comaunded to be done touching the suite 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 diuersly diuided in diuers respects Some in respect of their order or maner of graunting are termed originall and some Iudiciall Originall writs be those that are sent out for the summoning of the Defendant in a personall or Tenent in a reall action or other like purpose before the suite beginneth or to begin the suite thereby Those be iudiciall that be sent out by order of the court where the cause dependeth vpon occasion growing after suite begunne old nat br fol. 51. And Iudiciall is thus by one signe knowne from the Originall because the Teste beareth the name of the chiefe Iustice of that Court whence it commeth where the Orig. beareth in the Teste the name of the Prince Then according to the nature of the action they be personall or reall and reall be either touching the possession called writs of Entrie or the property called writs of right Fitzh nat br sparsim per totum Some writs be at the suite of a party some of office old nat br fol. 147. Some ordinary some of priuiledge A writ of priuiledge is that which a priuiledged person bringeth to the court for his exemption by reason of some priuiledge See Pro cedendo See the new booke of Entrise verbo priviledge See Briefe Writ of rebellion See Commission of rebellion Writer of the talies Scriptor talliarum is an officer in the Exchequer being clerk to the auditour of the receipt who writeth vpon the talies the whole letters of the tellers billes Y YArd land Virgataterrae is a quantitie of land called by this name of the Saxon Gyrdlander but not so certaine a quantity as that it is all one in all places For in some country it conteineth 20. acres in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words verbo virgata terrae This yard land Bracton calleth virgatam terrae lib. 2. cap. 20. 27. but he expresseth no certainty what it conteineth
THE INTERPRETER OR BOOKE CONTAINING the Signification of Words Wherein is set foorth the true meaning of all or the most part of such Words and Termes as are mentioned in the Lawe VVriters or Statutes of this victorious and renowned Kingdome requiring any Exposition or Interpretation A Worke not onely profitable but necessary for such as desire throughly to be instructed in the knowledge of our Lawes Statutes or other Antiquities Collected by IOHN COWELL Doctor and the Kings Maiesties Professour of the Ciuill Law in the Vniuersitie of Cambridge In Legum obscuritate captio HINC LVCEM ET POCVLA SACRA ALMA MATER CANTABRIGA AT CAMBRIDGE Printed by IOHN LEGATE Anno 1607. Collegium Iesu Cantabrigiense 1700 To the most reuerend Father in God his especiall good Lord the Lord Archbishop of Canterburie Primate and Metropolitan of all England and one of his Malesties most Honourable Priuy Councell AFTER long deliberation I hardly induced my selfe to craue your gracious protection toward this simple worke valewing it at so lowe a price as I thinke it hardly woorth the respect of any graue man much lesse the fauourable aspect of so honorable a personage Yet the remembrance of those your fatherly prouocations whereby at my comming to your Grace from the Vniuersitie you first put me vpon these studies at the last by a kind of necessitie inforced me to this attempt because I could not see how well to auoide it but by aduenturing the hatefull note of vnthankfulnesse For I cannot without dissimulation but confesse my selfe perswaded that this poore Pamphlet may proue profitable to the young Students of both Lawes to whose aduancement that way I haue of late addicted mine indeuours else were I more then madde to offer it to the world and to offer it without mention of him that by occasioning of this good more or lesse deserueth the prime thankes were to proue my selfe vnworthie of so graue advice And therefore howsoeuer I accompt this too much boldnesse in respect of the subiect 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 wel cannot perform much must needes reioyce at the good acceptance of that litle which he â—erformeth All I craue for 〈◊〉 at your Graces hands is patience and pardon for this enterprise with the continuance of those your many fauours that hitherto to inygreat comfort I haue enioyed And so my long obseruation of your iudicious disposition hauing caught me what small delight you take in affected complements and verball commendation without more words in all true humblenes I beseech the Almighty long to continue your Grace in health and prospetitie to his glorie and the good of his Church Your Graces at all Commaundment IO. COWELL To the Readers GENTLE Readers I heere offer my selfe to your censures vvith no other desire then by you to be admonished of my faults For though I doe professe the amplifying of their vvorkes that haue gone before me in this kinde and haue both gathered at home and brought from abroade some ornaments for the better embellishing of our English lavves yet am I neither so vaine as to denie mine imperfections nor so passionate as to be offended at your charitable reformation Nay my true ende is the advauncement of knovvledge and therefore haue I published this poore vvorke not onely to impart the good thereof to those young ones that vvant it but also to dravve from the learned the supply of my defects and so by degrees if not my selfe to finish this modell yet at the least by the heate of emulation to incense some skilfuller architect thereunto Yea I shall thinke my paines sufficiently recompensed if they may be found but vvorthy to stirre vp one learned man to amend mine errours The Ciuilians of other nations haue by their mutuall industries raised this 〈◊〉 of worke in their profession to an inexpected excellencie I haue seene many of them that haue bestowed very profitable and commendable paines therin and lastly one Caluinus a Doctor of Heidelberge like a laborious Bee hath gathered from all the former the best iuyce of their flowers and made vp a hiue full of delectable honie And by this example would I gladly incite the le arned in our common lawes and antiquities of England yet to lend their aduice to the gayning of some comfortable lights prospects toward the beautifying of this auncient palace that hitherto hath bene accoumpted howsoeuer substantiall yet but darke and melancholy Whosoeuer will charge these my trauiles with many 〈…〉 sights he shall neede no solemne paines to prooue them For I will easily confesse them And vpon my view taken of this booke sithence the impression I dare assure them that shall obserue 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 Tullie that as no mans errours ought to be folowed because he sayeth some things well so that which a man saith well is not to be reiected because he hath some errours No man no booke is voide of imperfections And therefore reprehend who will in Gods name that is with svveetnes and vvithout reproche So shall he reape hartie thankes at my hands and by true imitation of the most iudicious that euer vvrote more soundly helpe on this pointe of learning to perfection in a fevve monethes then I by tossing and tumbling my bookes at home could possibly haue done in many yeares Experience hath taught me this in mine Institutes lately set forth by publishing vvhereof I haue gained the iudicious obseruations of diuers learned gentlemen vpon them vvhich by keeping them priuate I could neuer haue procured By vvhich meanes I hope one day to commend them to you againe in a more exact puritie and so leaue them to future times for such acceptance as it shall please God to giue them I haue in some tovvardnes a tract de regulis iuris vvherein my intent is by collating the cases of both lavves to shevve that they both be raised of one foundation and differ more in language and termes then in substance and therefore vvere they reduced to one methode as they easily might to be attained in a maner vvith all one paines But my time imparted to these studies being but stolne from mine emploiments of greater necessitie I cannot make the hast I desire or perhaps that the discourse may deserue VVherefore vntill my leisure may serue to performe that I intreate you louingly to accept this One thing I haue done in this booke vvhereof because it may seeme straunge to some I thinke to yeld my reason and that is the inserting not onely of vvords belonging to the art of the lavve but of any other also that I thought obscure of vvhat sort soeuer as Fish Cloth Spices Drugs Furres and such like For in this I follovv the example of our Ciuilians that
a man vpon breach of a statute to be resembled in mine opinion to any action giuen in the lawe imperiall either vpon edictum praetoris plebiscitum or senatusconsultum For as the Pretour so the common people in comitijs tributis the Senatours or nobility in curia vel senatu had power to make lawes wherevpon the Pretour or other Iudges permitted action And euen so our high court of Parlament maketh Statutes against such offēces as are either newly grown or more and more increased and our Iudges intertaine their plees that commence actions against the breakers of them Action is perpetuall or temporall perpetua vel temporalis and that is called perpetuall the force whereof is by no time determined Of which sort were all ciuill actions among the auncient Romaines viz. such as grew from lawes decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the yeare de perpet tempor actio in Institut So we haue in England perpetuall and temporarie actions and I thinke all may be called perpetuall that are not expresly limited As diuers Statutes giue actions so they be pursued within the time by them prescribed namely the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed and no longer and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares and that anno 31. Eliz. cap. 5. for one yeare no more But as by the ciuill lawe no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales verò triginta § 1. de perpet temp actio in Institutio l. 3. Co. de praescript 30. annorum so in our common law though actions may be called perpetual in comparison of those that be expressely limited by statute yet is there a means to prescribe against reall actions within fiue yeares by a fine leuied or a recouerie acknowledged as you may see farther in the word Fine and Recouerie And for this also looke Limitation of assise Action is farther diuided in actionem bona fidei stricti iuris Which diuision hath good vse in our common lawe likewise though the tearmes I find not in any of their writers But of this and such like diuisions because they haue as yet no apparent acceptance amongst our Lawyers but onely a hidden vse I referre the reader to the Ciuilians and namely to Wesenb in his Paratitles Π. De obligatio actio Addition additio is both the English and French word made of the Latine and signifieth in our common law a title giuen to a man ouer and aboue his Christian and surname shewing his estate degree occupation trade age place of dwelling c. For the vse wherof in originall writs of actions personale appeales and indictments it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein expressed Tearmes of the lawe Broke farder addeth that it is likewise requisite in townes and gates of townes parishes in great townes and cities where there may be any doubt by reason of more townes gates or parishes of the same name titulo Addition See also M. Cromptons Iustice of peace fol. 95. 96. Adeling was a word of honor among the Angles properly apertaining to the Kings children whereupon king Edward being himselfe without issue and intending to make Eadgare to whome he was great Vnkle by the mothers side his heire to this kingdome called him Adeling Roger Houedine parte poster suorum Annal. fol. 347. a. Adiournment adiurnamentum is almost all one with the French adiounrement i. denunciatio vel diei dictio and signifieth in our commō law an assignement of a day or a putting off vntill another day Adiournment in eyre anno 25. Ed. 3. Statute of pourveyers cap. 18. is an appointment of a day when the Iustices in eire meane to sit againe Adiourn anno 2. Edw. 3. cap. 11. hath the like signification And this whole title in Broke his abridgement proueth the same The bastard Latine word adiurnamentum is vsed also among the Burgundians as M. Skene noteth in his booke De verbo signi verbo Adiurnatus out of Chassaneus de consuet Burg. Ad inquirendum is a writ iudiciall commanding inquirie to be made of any thing touching a cause depending in the Kings court for the better execution of iustice as of bastardie of bondmen and such like whereof see great diuersitie in the Table of the Register iudiciall verbo Ad inquirendum Admeasurement admensuratio is a writ which lyeth for the bringing of those to a mediocritie that vsurpe more then their part And it lyeth in two cases one is tearmed admeasurement of dower admensuratio dotis where the widow of the deceased holdeth from the heire or his guardian more in the name of her dower then of right belongeth vnto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is admeasurement of pasture admensuratio pasturae which lieth betweene those that haue common of pasture appendant to their free-hold or common by vicenage in case any one of them or more doe surcharge the common with more cattell then they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our common law is properly taken for him that hath the goods of a man dying intestate committed to his charge 〈…〉 y the ordinary is accountable for the same whensoeuer it shall please the ordinarie to call him thereunto I finde not this word soe vsed in all the civile or canon lawe but more generally for those that haue the gouernment of any thing as the Decrees can 23. quaest 5. c. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoeuer the signification of this word grew to be restrained amongst vs it greatly booteth not But there was a statute made anno 31. Ed. 3. ca. 11. whereby power was giuen to the ordinarie to appointe these administratours and to authorize them as fully as executors to gather vp and to dispose the goods of the deceased alway provided that they should be accountable for the same as executors And before that viz. Westm 2. anno 13. Ed. 1. ca. 19. it was ordeined that the goods of those that died intestate should be committed to the ordinarie his disposition and that the ordinarie should be bound to answer his debts so far forth as the goods would extēd as executors And I perswade myselfe that the committing of this burden vnto Bishops to those that deriue ecclesiasticall authoritie from them grew first from the constitution of Leo the Emperour Co. de Episco cleri l. nulli licere 28. Where it is saide that if a man dying
the recouerie of such a rent either out of his land or out of his cofers or to be receiued of his person at a day certaine euery yere not satisfying it according to the graunt Register orig fol. 158. Fitz. nat br fol. 152. The author of the new tearmes of law defineth annuitie to be a certaine summe of money graunted to another in fee simple fee taile for tearme of life or of yeares to receiue of the graunter or his heires so that no Free-hold be charged therewith whereof a man shall neuer haue assise or other action but a writ of annuitie Saintgerman in his booke intituled The Doctor and Student dialogo primo cap. 3. sheweth diuers differences betweene a rent and an annuitie whereof the first is that euery rent be it rent seruice rent charge or rent seck is going out of land but an annuity goeth not out of any land but chargeth onely the person that is to say the graunter or his heires that haue assets by descent or the house if it be granted by a house of religion to perceiue of their coffers The second difference is that for the recouerie of an annuity no action lyeth but onely the writ of annuitie against the graunter his heires or successors but of a rent the same actions lye as do of land as the case requireth The third difference is that an annuitie is neuer taken for assets because it is no Free-hold in lawe neither shall be put in execution vpon a statute Merchant statute Staple or elegit as a rent may Dyer fol. 345. num 2. speaketh also to this effect Annise seede semen Anisi is a medicinall seed not vnknowne so called of the hearbe anisum whereof it is the fruite Of this he that listeth may reade Gerad◠herball li. 2. ca. 397. It is noted among the garbleable drugs and spices anno 1. Iaco. ca. 19. Anoisance aliàs Noisance aliàs Nusance nocumentum commeth of the French nuisance i incommodum noxa and hath a double signification being vsed as well for any hurt done either to a publike place as high way bridge or common river or to a private by laying any thing that may breede infection by incroaching or such like means as also for the writ that is brought vpon this transgression whereof see more in Nusance The word anoysance I finde anno 22. H. 8. ca. 5. Apostata capiendo is a writ that lyeth against one that hauing entred and professed some order of religon breaketh out againe and wandereth the country contrarily to the rules of his order For the Abbot or Prior of the house certifying this into the chawncerie vnder their common seale and praying this writ directed to the Shyreeue for the apprehensiō of such offend our and for the delivery of him again to his Abbot or Prior or their lawful atturney were wont to obtaine the same The forme whereof with other circumstances you shall finde in the Register orig fo 71. 267. and Fitzh nat br fo 233. C. Apparelment commeth of the French pareisement i. similiter perinde itidem and signifieth a resemblance as apparelment of warre anno 2. R. 2. stat 1. ca. 6. Appeale appellum commeth of the French appeller i. accire accersere nominare evocare clamore aliquem flagitare It signifieth in our common lawe as much as accusatio with the civilians For as in the civile lawe cognisance of criminal causes is taken either vpon inquisition denunciation or accusation so in ours vpon indictment or appeale indictment comprehending both inquisition and denunciation And accusation or apeale is a lawfull declaration of another mans crime which by Bracton must be felonie at the least in the common lawe before a competent Iudge by one that setteth his name to the declaration and vndertaketh to prooue it vpon the penaltie that may ensue of the contrary To declare the whole course of an appeale weare to much for this treatise Wherefore for that I must referre you to Bracton li. 3. tract 2. ca. 18. cum sequent Britton ca. 22. 23. 24. 25. and to S. Thomas Smith li. 3. de repub Anglo ca. 3. and lastly to Stawnf pl. cor li. 2. ca. 6. 7. c. vsque 17. An appeale is commenced two waies either by writte or by bill Stawnf vbi supra fo 46. And it may be gathered by him fo 148. that an appeale by writ is when a writ is purchased out of the chauncerie by one to another to this ende that he appeale a third of some felonie committed by him finding pledges that he shall doe it and deliuer this writ to the Shyreeue to be recorded Appeale by bill is when a man of himselfe giueth vp his accusation in writing to the Vicount or Coroner offering to vndergoe the burden of appealing another therein named This pointe of our lawe among others is drawne from the Normans as appeareth plainly by the grand custumarie ca. 68. where there is set downe a solemne discourse of both the effects of this appeale viz. the order of the cōbate of the tryall by enquest of which by the common lawe of England it is in the ioyce of the defendant whether to take See the newe booke of entrise verbo Appel the booke of Assises fo 78. Appel Appeale of mahem appellum mahemij is an accusing of one that hath maymed another But that being no felony the appeale thereof is but in a sort an action of trespas because there is noe thing recouered but dammages Bracton calleth this appellum de plagis mahemio and writeth of it a whole chapter li. 3. tract 2. ca. 24. See S. Ed. Cook 4. vol. fo 43. a. Appeale of wrong imprisonment appellum de pace imprisonamento is vsed by Bracton for an action of wrong imprisonment whereof he writeth a whole itactat li. 3. tractat 2. ca. 25. Appeale appellatio is vsed in our common law diuers times as it is taken in the civile lawe which is a remouing of a cause from an inferiour iudge to a superiour as appeale to Rome an 24. H. 8. ca. 12. an 1. Elix ca. 1. But it is more cōmonly vsed for the priuate accusation of a murderer by a party who had interest in the partie murdered or of any felon by one of his complices in the fact See Approver Appendant appendens is any thing belonging to another as accessorium principali with the Civilians or adiunctum subiecto with the logicians An hospitall may be appendant to a Maner Fitzh nat br fo 142. Common of fishing appendant to a free hold Westm 2. ca. 25. anno 13. Ed. 1. Appertinances pertinentiae commeth of the French appartenir i. pertinere It signifieth in our common lawe things both corporal belonging to another thing as to the more principal as hamlets to a chiefe Maner common of pasture turbarie piscarie and such like and incorporeal as liberties and services of tenents Brit. ca. 39. where I note by the way that he accounteth common
the disherison of the house or church This is founded vpon the statute of Westm 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the author of the Termes of law saith that this is not brought against the tenent or alience Contra formam feoffamenti is a writ that lyeth for the heire of a tenent infeoffed of certain lands or tenements by charter of feofment by a Lord to make certain seruices and suites to his court and is afterward distreined for more then is contained in the said charter Regist orig fol. 176. old nat br fol. 162. and the Tearmes of the lawe Contributione faciendae is a writ that lieth in case where more are bound to one thing one is put to the whole burden Fitz. nat br fo 162. bringeth these examples If tenēts in cōmon or ioynt hold a mill pro indiviso equally take the profits therof the mill falling to decay one or more of thē refusing to contribute toward the reparation therof the rest shall haue this writ to cōpell thē And if there be 3. coparceners of land that owe suite to the lords court the eldest perform the whole then may she haue this writ to compell the other two to a cōtributiō of the charge or to one of them if one only refuse The old nat br frameth this writ to a case where one onely suite is required for land that land being sold to diuers suite is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Regist orig fol 176. Controller contrarotulator cōmeth of the French contrerouleur i. antigraphus gracè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was vsed for him cui id muneris iunctum erat vt observaret pecuniam quam in vsum Principis vel civitatis colligerunt exactores Budaeus in annota prio in pand titulo De officio quaestoris In England we haue diuers officers of this name as controller of the kings house pl. cor fol. 52. anno 6. H. 4. cap. 3. controller of the nauie anno 35. Elizabeth cap. 4. controller of the custome Cromptons Iurisd 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 Chauncerie attending on the Lord Chaunceler or Keeper daily in the terme time and dayes appointed for sealing His office is to take all things sealed from the clerke of the hanaper inclosed in bags of lether as is mentioned in the said clerkes office and opening the bags to note the iust number especiall effects of all thinges so receiued and to enter the same into a speciall booke with all the duties appertaining to his Maiestie and other officers for the same and so chargeth the clerke of the hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice euery yeare to the Shyreeues to levie the Fermes 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 viz. the two chamberlaines clerkes that do or should keepe a controlment of the pell of receipts and goings out And in one word this officer was originally one that tooke notes of any other officers accompts or receipts to the intent to discouer him if he dealt amisse and was ordained for the Princes beter securitie howsoeuer the name sithence may be in some things otherwise applyed To the proofe whereof you may take these few words out of Fleta lib. 1. cap. 18. in prin Qui cùm fuerint ad hoc vocati electi speaking of the coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentēt contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illud tangentibus c. Which contrarollum is nothing else but a paralel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or originall This also appeareth by anno 12. Ed. 3. ca. 3. And this signification it seemeth to haue also in Fraunce For there the king hath his receyuers of taylles in euery prouince and controllers qui ad maiorem fidem susceptoribus accedunt describuntque in tabulis quae colliguntur Gregorii syntagn lib. 3. cap. 6. num 6. Conuentione is a writ that lyeth for the breach of any couenant in writing Register orig fo 185. Old nat br fo 101. Fitzh calleth a writ of couenant nat br fo 145. who deuideth couenants into personall and reall making a sufficient discourse of them both as also how this writ lyeth for both Conuict conuictus is he that is founde guilty of an offence by the verdict of the iurie Stawnf pl. cor fo 186. yet Master Crompton out of Iudge Dyers commentaries 275. saith that conuiction is either when a man is outlawed or appeareth and confesseth or els is founde guilty by the inquest Crompt Iust of peace fo 9. a. Conuiction and attainder are often confounded li. 4. fo 46. a. b. See Attaint Coparceners participes be otherwise called parceners and in common law are such as haue equall portion in the inheritance of their auncestour and as Litleton in the beginning of his third booke saith parceners be either by law or by custome Parceners by law are the issue femall which noe heyre male being come in equality to the lands of their auncestours Bract. li. 2. ca. 30. Parceners by custome are those that by custome of the country chalenge equall part in such lands as in Kent by the custome called Gauel Kinde This is called adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the ciuilians it is tearmed familiae erciscundae iudicium quod inter cohaeredes ideo redditur vt haereditas diuidatur quod alterum alteri dare facere oportebit praestetur Hotoman Of these two you may see Litleton at large in the first and second chapters of his third booke and Britton cap. 27. intituled De heritage diuisable The crowne of England is not subiect to coparcinory anno 25. H. 8. ca. 22. Copie copia commeth from the french copia i. le double de quelqut escripture latinè descriptio graece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an originall writing as the copie of a charter the copie of a court rolle Copia libelli deliberanda is a writ that lyeth in case where a man cannot get the copie of a libell at the hands of the Iudge ecclesiasticall Register orig f. 51. Copiehould tenura per copiam rotuli curiae is a tenure for the which the tenent hath nothing to shew but the copie of the rols made by the steward of
a distinction between those lands that the Lord of a maner hath in his owne hands or in the hands of his leasec dimised vpon a rent for tearme of yeares or life and such other laÌ„d appertaining to the said maner which belongeth to free or copy-houlders Howbeit the copyhold belonging to any maner is also in the opinioÌ„ of many good lawyers accounted Demeines Bracton in his fourth booke tract 3. ca. 9. nu 5. hath these words Item dominicum accipitur multipliciter Est auteÌ„ dominicum quod quis habet admensam suam propriè sicut sunt Bordlands anglie Item dicitur dominicum villenagium quod traditur villanis quod quis tempestiuè intempestiue resumere possit pro voluntate sua reuocare Of this Fleta likewise thus writeth Dominicum est multiplex Est autem Dominicum propriè terra admensam assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiuè pro voluntate domini poterit reuocari sicut est de terra commissa tenenda quam diu commissori placuerit poterit dici Dominicum de quo quis habet liberum tenementum alius vsumfructum etiam vbiquis habet liberum tenementum alius curam sicut de custode dicipoter it curatore vnde vnus dicitur a iure alius quoque ab homine Dominicum etiam dicitur ad differentiam eius quod tenetur in seruitio Dominicum est omne illud tenementum de quo antecessor obiit seisitus vt de feudo nec refert cum vsufructu vel sine de quo si eiect us esset si viueret recuperare posset per assissam nomine disseisina licet alius haberet vsum fructum sicut dici poterit de illis qui tenent in villenagio qui vtuntur fruuntur non nomine proprio sed nomine Domini sui Fleta l. 5. c 5. § DominicuÌ„ auteÌ„ And the reasoÌ„ why copyhold is accouÌ„ted Demeanes is because they that be tenents vnto it are iudged in law to haue nor other right but at the will of the lord Soe that it is reputed still after a sort to be in the Lords hands And yet in common speach that is called ordinarily Demeanes which is neither free nor copy It is farder to be noted that Demaine is sometime vsed in a more speciall signification and is opposite to Franck fee. For example those lands which were in the possession of King Edward the confessor are called auncient Demaine all others be called Franck fee. Kitchin fol 98. and the tenents which hould any of those lands be called tenents in auncient demaine the others tenents in franck fee. Kitchin vbi supra And also tenents at the common lawe West parte 2. Simbol titulo Fines Sect 25. The reason is because tenents in auncient Demaine cannot be syewed out of the Lords court Tearmes of the Lawe verbo Auncient Demaine And the tenents in auncieÌ„t demaine though they hould all by the verge and haue none other euideÌ„ce but copy of court rolle yet they are saide to haue free hould Kitchin fol. 81. See Awncient demaine Demayne cart of an Abbot seemeth to bee that cart which the Abbot vseth vpon his owe Demaine Anno. 6. H. 3. cap. 21. Demurrer Demorare commeth of the French Demeurer i. manere in aliquo loco vel morari It signifieth in our common lawe a kinde of pawse vpon a pointe of difficultie in any action and is vsed substantiuely For in euery action the controversie consisteth either in the fact or in the lawe if in the fact that is tried by the Iurie if in lawe then is the case plaine to the Iudge or so hard and rare as it breedeth iust doubt I call that plaine to the Iudge wherein hee is assured of the lawe though perhaps the partie and his councell yeeld not vnto it And in such the Iudge with his Assessors proceedeth to Iudgement without farder worke but when it is doubtfull to him and his Associates then is there stay made and a time taken either for the court to thinke farder vpon it and to agree if they can or els for all the IuÌ„stices to meete together in the Chequer chamber and vpon hearing of that which the sergeants shall say of both partes to advise and set downe what is lawe And whatsoeuer they conclude standeth firme without farder remedie Smith de Repub. Angliae lib. 2. cap. 13. West calleth it a Demurrer in chauncery likewise when there is question made whether a parties answer to a bille of complaint c. be defectiue or not and thereof reference made to any of the bench for the examination therof report to bee made to the court parte 2. symb tit Chauncery sect 29. Denariata terrae See Farding deale of land Denizen commeth of the French Donaison i. Donatio and signifieth in our common lawe an Alein that is infraÌ„chised here in England by the Princes charter an dinabled almost in all respects to doe as the kings natiue subiects doe namely to purchas and to possesse lands to be capable of any office or dignitie Yet it is saide to be short of naturalisâ—â—ion because a straunger naturalised may inherit lands by descent which a man made onely a denizen cannot And againe in the charter whereby a man is made denizen there is commonly conteined some one claufe or other that abridgeth him of that full benefite which naturall subiects doe inioy And when a man is thus infránchised he is saide to bee vnder the kings protection or esse ad fidem Regis Angliae before which time he can inioy nothing in England Bracton lib. 5. tractat 5. cap. 25. nu 3. Nay hee and his goods might bee seised to the kings vse Horn in his mirrour of Iustices li. 1. ca. de la Venue de franc plege Deodand Deodandum is a thing giuen or forseited as it were to God for the pacification of his wrath in a case of misaduenture whereby any Christian soule commeth to a violent ende without the fault of any reasonable creature For example if a horse should strike his keeper and so kille him if a man in dryuing a cart and seeking to redresse any thing about it should so fall as the cart wheele running ouer him should presse him to death if one should be felling of a tree and giuing warning to one coÌ„ming by wheÌ„ the tree were neere falling to looke to themselues and any of them should bee slaine neuerthelesse by the fall of the tree In the first of these cases the horse in the second the cart wheele carte and horses and in the third the tree is to be giuen to God that is to be sold and distributed to the poore for an expiation of this dreadfull euent though effected by vnreasonable yea sensles dead creatures Stawnf pl. cor lib. 1. ca. 2. whereof also read Bracton lib. 3. tractat 2. cap. 5. and Britton cap. 7. and West parte 2.
H. 3. ca. 7. ca. 9. ca. 12. See old nat breu fol. 71. b. See grand distresse what thngs bee distreinable and for what causes See the newe Termes of lawe verbo Distresse Of this also see more in Attachment Distringas is a writ directed to the Shyreeue or any other ofofficer commanding him to distreine one for a debt to the king c. or for his appearance at a day See great diuersitie of this writ in the table of the Register iudicial verbo Distringas Divise See Devise Dividends in the Exchequer seemeth to be one part of an Indenture anno 10. Ed. 1. ca. 11. anno 28. eiusdem Stat. 3. ca. 2. Dyvorce See Devorce Docket is a brife in writing anno 2. 3. Ph. Mar. ca. 6. West writeth it Dogget by whome it seemeth to be some small peece of paper or parchement conteining the effect of a larger writing Symbol parte 2. titulo Fines sect 106. Doctor and Student is a booke conteining certaine dialogues betweene a D. of Diuinitie and a Student at the common Law wherein are conteined questions and cases as well of the equitie and conscience vsed in the common Lawe as also a comparison of the Civile Canon and common lawe together very worthy the reading The author is said by D. Cosin in his Apologie to bee a gentleman called Saint German The booke was written in the daies of H. 8. To do lawe facere legem is as much as to make lawe 23. H. 6. ca. 14. See Make. Dogge drawe is a manifest deprehension of an offender against venison in the forest There bee foure of these noted by M. Manhood parte 2. of his forest lawes ca. 18. nu 9. viz. Stablest and Dogge drawe Back beare and Bloodie hand Dogge drawe is when one is found drawing after a deere by the sent of a hound that he leadeth in his hand Dogger a kinde of shippe an 31. Ed. 3. Stat. 3. ca. pr◠Doggerfish ibid. c. 2. seemeth to bee fish brought in those ships to Blackcney hauen c. Dogger men anno 2. H. 8. ca. 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 owne house Register originall fol. 153. for this point The ciuilians haue the action de damno infecto Dole fishe seemeth to be that fish which the fisher men yerely imployed in the north sease doe of custome receiue for their allowance See the statute a. 35. H. 8. ca. 7. Donatyue is a benefice meerely giuen and collated by the Patron to a man without either presentation to the Ordinary or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the statute anno 8. R. 2. cap. 4. Of this Petr. Gregor de beneficiis cap. 11. nu 10. hatl these words Si tamen Capellaniae fundatae per Laicos non fuerint a Dioecesano approbatae vt loquuntur spiritualizatae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Ioh. Faber ad § Nullius De rerum divis Ideo fundatores haeredes eorum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profona beneficia Guido Papaeus descis 187. See also Gregorius lib. 15. ca. 29. sui syntagmatis nu 11. I finde in the preface of M. Gwins readings that as the king might of auncient times found a free Chapell and exempt it from the iurisdiction of the Diocesan so hee might also by his leters patents licence a common person to found such a chapell and to ordeine that it shal be donatiue not presentable and that the Chaplaine shall be depriueable by the founder and his heires and not by the Bishop And this is likest to bee the originall of these Donatiues in England Fitzh saith that there be certaine Chauntries which a man may giue by his leters patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were donatiue by the king Coke li. 3. fo 75. b. Doomes day Rotulus Wintoniae domus Dei Coke in Praefatione ad librum suum is a booke that was made in king Ed. the Confessors dayes as the author of the old nat br saith 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 wordes verbo Ius Dacoru c. proueth out of Gervasius Tilburiensis that this booke was made in William the Conquerors time with whome agreeth M. Camden in his Britan. pag. 94. prouing it out of Ingulphus that flourished the same time And for the beter commendation of the booke it is not amisse to set downe the words of Ingulphus touching the contents thereof Totam terram descripsit Nec erat hyda in tota Anglia quin valorem eius possessorem scivit nec lacus nec locus aliquis quin in Regis rotulo extitit descriptus ac eius reditus proventus ipsa possessio eius possessor regiae notitiae manifest atus iuxta taxatorum fidom qui electi de qualibet patria territorium proprium describebant Iste rotulus vocatus est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the Statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regii ratione which seemeth to be taken out of the Booke called Liber rubeus in the Exchequer It is termed liber Iudicatorius and the reason why quia in eo totius Regni descriptio diligens continetur tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia exprimitur Dorture Dormitorium anno 25. H. 8. ca. 11. is the common roome place or chamber where all the friers of one couent slept and lay all night Dote assignanda is a writ that lieth for a widowe where it is found by office that the kings tenent was seised of tenements in fee or fee taile at the day of his death c. and that hee holdeth of the king in cheife c. For in this case the widowe commeth into the Chauncerie and there maketh oath that shee will not mary without the kings leaue Anno 15. Ed. 3. ca. 4. and herevpon shee shall haue this writte to the Escheatour for which see the Register originall fol. 297. and Fitzh nat br f. 263. And this sort of widowes is called the kings widowe See Widowe Dote vnde nihil habet is a writ of dower that lyeth 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 taile in such sort as the issue of them both might haue inhereted it Fitzh
falsi Falsi crimen propriè dicitur quod vtilitatis priuatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requiruntur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est punibilis Hostiensis Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any lands or tenements by vertue of any entayle growing from the statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is called forma donationis or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recouery of lands c. giuen to one and the heyres of his bodie or to a man and his wife and the heyres of their two bodies or to a man and his wife being cosin to the donour in franke mariage and afterward alienated by the Donee For after his decease his heyre shall haue this writ against the tenent or alience Fitz. nat br fol. 211. He maketh three sorts of this formdon in the descender The first is in the maner now expressed the second is for the heire of a coparcener that alienateth and dieth fol. 214 The third is called by him In simul tenuit fol. 216. which lyeth for a coparcener or heire in Gauelkind before partition against him to whome the other coparcener or heire hath alienated and is dead Formdon in the reuerter lyeth for the donour or his heires where land entayled to certaine and their issue with condition for want of such issue to reuert to the donour and his heires against him to whom the Donee alienateth after the issue extinct to which it was entayled Fitzh nat br fol. 219. Formdon in the remainder lyeth where a man giueth landes in tayle the remainder to another in tayle and afterward the former tenent in tayle dieth without issue of his bodie and a stranger abateth then he in the remainder shall haue this writ Fitz. nat br fol. 217. See the Register original fol. 238. 242. 243. of this see the new booke of Entries verb. Formdon Forsechoke seemeth to signifie originally as much as forsaken in our moderne language or derelictum with the Romaines It is especially vsed in one of our statutes for land or tenements seised by the Lord for want of seruices due from the tenent and so quietly held and possessed beyond the yeare and day As if we 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 lawe to recouerthem doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them See the statute anno 10. Ed. 1. cap. vnico Forstall is to be quit of amerciaments and catels arrested within your land and the amerciaments thereof comming New termes of lawe Forstalling forstallatio is partly french for Estaller is in that tongue as much as merces exponere expedire explicare or to shew wares in a market or faire It signifieth in our common law the buying or bargaining for any victuals or wares comming to be sould toward any faire or market or from beyond the seas toward any city port hauen creeke or roade of this realme and before the same be there anno 51. H. 3. stat 6. West parte 2. Simbol titulo indictments sect 64. Forstaller in Cromptons Iurisdiction fol. 153. is vsed for stopping of a deere broken out of the forest from returning home againe or laying betweene him and the forest in the way that he is to returne See Regratours and Engrossers See Cromptons Iustice of peace fol. 69. a. The author of the new terms of law defineth it thus Forstalling Forstallamentum is the buying of corne cattell or other merchandies by the way as it commeth toward the faire or market to be sould to the intent to sell the same againe at a more high and deere price Fleta saith thus of it significat obtrusionem vtae vel impedimentum transitus fugae aueriorum li. 1. cap. 47. Fortescue was a learned Lawyer Lord Chauncelor in Henry the 6. dayes who writ a booke in the commendation of our common lawes Fortlet forteletum commeth nete the french fortelet i. valenticulus forticulus and signifieth in our common lawe a place of some strength old nat br fol. 45. This in other countries is written fortalitium and signifieth castrum Scraderus select practabil quest § 12. nu 7. 8. Fother is a weight of twenty hundred which is a waine or cartloade Speight in his Annot. vpon Chawcer Fourche Assorciare seemeth to come of the french fourcher i. titubare liuguà and signifieth in our common lawe a putting off prolonging or delay of an action And it appeasieth no vnpleasant metaphor for as by stammering we draw out our speech not deliuering that we haue to say in ordinary time so by sourching we prolong a suite that might be ended in a shorter space To sourch by essoine Westm 1. cap. 24. anno 3. Ed. prim where you haue words to this effect Coparceners Ioint-tenants and Tenents in common may not sourch by essoine to essoine seuerally but haue only one essoine as one sole tenent may haue And anno 6. Ed. 1. ca. 10. you haue it vsed 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 balles of great dogges feet in the forest See Expeditate And to be quit of footegeld is a priuiledge to keepe dogges within the forest vnlawed without punishment or controlment Cromptons Iurisdict fol. 197. Manwood parte pri of his forest lawes pag. 86. Fowles of warren See Warren Founder is he that melteth mettall and maketh any thing of it by casting it into a mold c. anno 17. Rich. 2. cap. 1. deriued of the verbe fundere to powre Franchise libertas franchesia commeth of the french franchise so signifiing it is taken with vs for a priuiledge or an exemption from ordinarie iurisdiction and sometime an immunitie from tribute It is either personall or reall Cromp. Iurisd fol. 141. that is belonging to a personimmediatly or else by meanes of this or that place or court of immunitie whereof he is either chiefe or a member In what particular things franchises commonly consist See Britton cap. 19. Franchise royall anno 15. R. 2. cap. 4. anno 2. H. 5. cap. 7. in fine seemeth to bee that where the kings writs runne not as Chester and Durham they are called Seignories royall an 28. H. 6. cap. 4. The authour of the new Termes of lawe saith that franches royall is where the King graunteth to one and his heires that they shall be quit of tolle or such like See franchise in the new booke of Entries See Bracton lib. 2. cap. 5. See Sac.
beast very like the Sable the skinne something courser it liueth in all countries that be not too cold as England Ireland c. and the best be in Ireland Miniuer is nothing but the bellies of Squirels as some men say others say it is a litle vermin like vnto a Wesell milke white and commeth from Muscovie Fitch is that which we otherwise call the Polecat here in England Shankes be the skinne of the shanke or legge of a kind of Kidde which beareth the furre that we call Budge Calaber is a litle beast in bignes about the quantitie of a squirell of colour gray and bred especially in high Germanie G GAbell gabella gablum commeth of the French gabelle i. vectigal and hath the same signification among our old Writers that gabelle hath in Fraunce for M. Camden in his Britannia pag. 213. speaking of Wallingford hath these words Continebat 276. hagas i. domos reddentes novem libras de gablo and pag. 282. of Oxford these Haec vrbs reddebat pro telonio gablo aliis consuetudinibus per annum Regi quidem viginti libras sex sextarios mellis Comiti verò A'garo decem libras Gabella as Cassanaeus defineth it de consuetu Burgund pag. 119. Est vectigal quod solvitur probonis mobilibus id est pro hiis quae vehuntur distinguishing it from Tributum quia Tributum est propriè quod fisco vel Principi solvitur pro rebus immobilibus Gage vadium commeth of the French gager i. dare pignus pignore certare and is it selfe a French word nothing chāged but in pronunciation It signifieth with vs also a pawne o◠pledge Glanvile lib. 10. cap. 6. where he saith thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles and a litle after that thus Invadiatur 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 booke he handleth this only thing Though the word gage be retained as it is a substantiue yet as it is a verbe the vse hath turned the G. into W. so as it is oftener written wage as to wage deliuerance that is to giue securitie that a thing shall be deliuered For if he that distrained being siewed haue not deliuered the catell that were distrained then he shall not onely avow the distresse but gager deliuerance i. put in suretie that he will deliuer the catell distrained Fitzh nat br fol. 74. D. 67. F. whome see also fol. 67. F. G. yet in some cases he shall not by tyed to make this securitie as if the catell died in pound Kitchin fol. 145. or if he claime a propertie in the catell siewed for Termes of the lawe To wage lawe what it is see in his place verbo Lane See Mortgage Gager deliuerance See Gage Gayle See Gaoll Gainage Wainagium is neere to the French Gaignage i. quaestus lucrum and signifieth in our common lawe the land held by the baser kind of Sokemen or villeines Bract. lib. 1. cap. 9. where he hath these words speaking of seruants Et in hoc legem habent contra dommos quòd stare possunt in iudicio contra eos de vita membris propter saeuitiam dominorum vel propter intolerabilem iniuriam Vt si eos distruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And againe lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictū fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in Westm 1. cap. 6. an 3. Ed. prim is called Gaynure and againe cap. 17. and in magna charta cap. 14. it is called wainage I find it in the old nat br fol. 117. called Gainor viz. in these words The writ of Aile was praecipe c. quòd reddat vnam bovatam terrae vnam bovatam marisci and the writ was abated for that the oxegang is alwaies of a thing that lyeth in gainor I thinke this word was vsed of lands vsually plowed because they that had it in occupation had nothing of it but the profit and fruite raised of it by their owne paines toward their suste nance nor any other title but at the Lords will Gainor again in the same booke fol. 12. is vsed for a Sokeman that hath such land in his occupation In the 32. chapter of the Grand Custumarie of Normandie Gaigneurs be ruricolae qui terras eleemozin at as possident and Britton vseth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoueries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13. Ed. 3. fol. 3. nor de selione terrae Ed. 1. for the vncertaintie because a selion which is a land sometime containeth an acre sometime halfe an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13. 8. H. 63. 22. Ed. 4. 13. de virgata terrae 41. 43. 13. Ed. 3. de fodina de minera de mercatu 13. E. 3. for they bee not in demesn but in gaine c. Lastly in the statute of Distresses in the Exchequer anno 51. H. 3. I find these words No man of religion nor other shall be distreined by his beasts that gaine the land Galege galicae seemeth to come of the French galloches which signifieth a certaine kinde of shoo worne by the Gaules in soule weather of old times I find it vsed for some such implement anno 4. Ed. 4. cap. 7. anno 14. 15. H. 8. cap. 9. where it is written plainely Galochet Galingal cyperus is a medicinall herbe the nature and diuersitie whereof is expressed in Gerards herball lib. 1. cap. 22. The roote of this is mentioned for a drugge to be garbled anno 1. Iaco. cap. 19. Gallihalpens were a kind of coine forbidden by the statute anno 3. H. 5. cap. 1. Galloches See Galege Gals Gallae be a kind of hard fruite like a nutte but rounder growing of the tree called in latine galla The diuers kinds and vses whereof Gerard expresseth in his Herball lib. 3. cap. 34. This is a drugge to be garbled anno 1. Iaco. cap. 19. Gaol gaola commeth of the French Geole i. caveola a cage for birds but is metaphorically vsed for a prison Thence commeth Geolier whome we call Gayler or Gaoler Garbe garba commeth of the French garbe aliâs gerbe 1. fascis It signifieth with vs a bundle or sheafe of corne Charta de foresta cap. 7. and garba sagittarum is a sheafe of arrowes Skene de verb. signif verbo Garba Garbling of bow-staues anno 1. R. 3.
Bractons words be these lib. 3. tract 2. cap. 8. vel si sit aliquis qui de concessione Domini Regis talem habeat libertatem sicut sock sack Tolnetum Team Infang thefe Hutfanghhefe qui inuētus fuerit seisitus de alique latrocmio sicut Hondhabende Backberend tales habent regalē potestatē vnde qui tales libertates habēt habebūt prisonam suam de talibus quia possunt tales in Curia sua iudicare Of the which mater he speaketh also in lib. 2. cap. 24. nu 2. 3. and againe lib. 3. tracta 2. cap. 35. But in none of these places he giueth any interpretation of the word Saxon in his description of England defineth Sack to be a forfeiture as doth Rastall vbi supra fol 132. M. Camden in his Britan pag. 415. speaking of Lincoln hath these words Eduardo Confessore regnante erant ex censuali libro loquor 1070. mansiones hospitalae duodecim Lageman habentes socam sacam To all these adde Bracton lib. 2. cap. 5. where he writeth thus Sunt aliaeres quasi sacrae quae personam Regis respiciunt aliquando transferri non possunt nisi Iusticiariis Domini Rogis ficut visus Franciplegii placita de vetito nannio emendatio transgressionis Assisarum Iudicium latronum sicut de illis qui habent sock sack huiusmodi omnia quae pertinent ad pacem per consequens ad Coronam I am informed that the word sack in the Saxon tongue doth properly signifie so much as causa with the Latines whence wee in English haue the word sake as for whose sake M. Skene de verbor signif verbo Sacke writeth thus In some old books it is called placitum emenda de transgressione hominum in Curia nostra In the lawes of king Edward set foorth by M. Lamberd fol. 132. it is written Sacha Sacha autē est si quilibet aliquē nomin atim de aliquo calumniatus fuerit ille negauerit foris factura probationis vel negationis si euenerit sua erit Which may be called the amercement payed by him who denieth that thing which is proued against him to be true or affirmeth that thing the contrarie whereof is true Thus farre M. Skene Fleta of this hath these words Sake significat acquietantiam de secta ad Comitatum Hundredum lib. pri cap. 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 leaue it to beter Antiquaries or Linguists see Rog. H. part poster suorum annaliū f. 345. Saccus cum brochia seemeth to be a seruice of finding a sacke and a broch to the King by vertue of a tenure for the vse of his armie Bract. li. 2. c. 16. n. 6. Sacke of wooll saccus laenae is a quantitie of wooll that containeth 26. stone and a stone fourteene pounds anno 14. Ed. 3. stat 1. cap. 21. See Sarplar Sacramento recipiendo quòd vidua Regis se non maritabit sine licentia Regis is a writ or commission to one for the taking of an oath of the Kings widowe that she shall not marie without the Kings licence Register original fol. 298. a. Safe conduict See Saulf conduict Salus is a coine of gold stamped by king Henry the sixth in Fraunce which onely come with another of Blanes of eight pence a peice was current in those places of Fraunce where King Henry was obeyed Stowes Annals pag. 586. Safe pledge Salvus plegius is a suretie giuen for a mans apparence against a day assigned Bracton lib. 4. cap. 2. nu 2. where it is also called certus plegius Sailing ware anno prim R. 3. cap. 8. Sak See Sac. Sakebere in Britton cap. 15. 29. seemeth to be he that is robbed or by theft depriued of his goods with whome Bracton also agreeth lib. 3. tracta 2. cap. 32. nu 2. iu these words Furtum vero manifestum est vbi latro deprehensus sit feisitus de aliquo latrocini o. sc Hondhabende Backberend insecutus fuerit per aliquem cuius res illa fuerit qui dicitur Sacaburthe c. or Sathaber as Stawnford calleth it pl. cor lib. pri cap. 21. The interpretation of this word I find not Onely M. Skene de verb. interpretatione verbo Sacreborgh thinketh it should rather be written Sickerborgh of Sicker i. Securus and Borgh i. plegius signifiing a sure cautioner or suretie which one findeth to another for theft or slaughter whereof he offereth to accuse him iudicially For in this case it behoueth the persiewer to oblige or binde himselfe into the hands of the officer or before a Iudge competent with Sicker borgh or sure caution that he will persiew in forme of lawe And by this meanes it may be that the accuser was wont with vs to be called Sakbere of a circumstance because in this case he was surely bound to persiew Sycker is also an old english word signifiing as much as sure secure or certaine and see Borowe Salet is a headpeece anno 4. 5. Phil Mar. it seemeth to come from the French Salut i. Salus Salmon sewse seemeth to be the young fry of Salmon quasi salmon issue anno 13. R. 3. stat pri cap. 19. Salva Gardia is a securitie giuen by the King to a straunger fearing the violence of some of his subiects for seeking his right by course of lawe the forme whereof see in the Register originall fol. 26. a. b. Sanctuarie Sanctuarium is a place priviledged by the prince for the safegard of mens liues that are offenders being founded vpon the lawe of mercie and vpon the great reuerence honour and deuotion which the Prince beareth to the place whereunto he graunteth such a priuiledge Of this you may read a sufficient treatis in Stawnf pl. cor lib. 2. cap. 38. This seemeth to haue taken beginning from the Cities of refuge which Moyses appointed them to flie vnto for safegard of their liues that had by casualty slaine a man Exodus cap. 21. In bastardly imitation whereof first the Athenians then Romulus erected such a place of immunity which they he after them called Ayslum Polidor Virg de inuentione rerum lib. 3. cap. 12. The Emperours of Rome made the places of their owne statues or Images a place of refuge as appeareth Cod. lib. 1. titulo 15. De iis qui ad statuas confugiunt as also the Churches eodem titulo 12. De iis qui ad ecclesias confugiunt c. But among all other nations our auncient Kings of England seeme to haue attributed most to these Sanctuaries permitting them to shelter such as had committed both felonies and treasons so that within fourty daies they acknowledged their fault and so submitted themselues to banishment during which time if any man expelled them if he were laye he was excommunicated if a Clerk he was made irregular But after fourty daies noe man might
signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce â—tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br 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 freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actioÌ„ opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
Tollendo but I rather thinke it commeth from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vectigalium redemptio vel etiam vectigalium exactio Fleta hath these words of it Tol significat acquietantiam Theolonii vbique in Regno lib. pri cap. 47. M. Skene de verb. signifi verbo Toll saith it is a custome and that it commeth from the Greeke word of the same signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that he who is infeoffed with Toll is custome free and payeth no custome which is manifest by sundry ould bookes wherein it is writen Toll hoc est quod vos homines vestri de toto homagio vestro sint quieti de omnibus mercantus de Tolneto de omnibus rebus emptis venditis Thus farre he Kitchin fol. 104. maketh mention of Tolle through and Toll Trauers his words be to this effect Custom or prescription to haue Toll through in the high way is not good for it is against the common right But to haue prescription of Tolle Trauers is good In which place the difference betweene the one and the other the newe expositour of lawe terms faith to be that tolletrauers is that mony which is taken for passing ouer a priuate mans ground But this author seemeth to differ from Kitchin touching the lawfulnes of tolle through saying that by reason of a bridge prouided at the cost and charge of the towne for the ease of trauellers he thinketh it resonable that tolle through be exacted toward the maintenance thereof which writer also maketh mention of tolle turn and that he defineth to be tolle paide for beastes driuen to be sold though they be not sold indeede Where I think he must meane a tolle paide in the returne homeward from the faire or market whether they were driuen to be sold Plowden casu Willion fo 236. agreeth in this definition of tolle trauers And this the Feudists call parangariam defining it to be sumptus labores ferendi referendiue alicuiâ—s causa a principe impositi cùm non per viam sed aliò versùm iter suscipitur l. 2. Co. de Episc cleri a graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. transitus per viam transversam Gothofred ad l. 4. § 1. Î . de vetera I finde in Andrew Horns mirrour of Iustices lib. 1. cap. des articles c. that by the auncient lawe of this land the buyers of corne or catell in faires or markets ought to pay tolle to the Lord of the market in testimony of their contract there lawfully made in open market for that priuie contracts were held vnlawfull Toloneum or Breve de essends quietum de Toloneo is a writ that lyeth in case where the Citizens of any Citie or Burgesses of any towne be quit from tolle by the graunt of the kings predecessours or prescription which you haue at large in Fitzh nat br fol. 226. See Telonium Tolt Tolta is a writ whereby a cause depending in a court Baron is remoued into the county court Old nat br fol. 2. The reason of the appellation seemeth â—o come from the verb Tollo v Cooke lib. 3. in praefatione ad lectorem Tonne See Tunne Tonnage is a custome or impost due for merchaÌ„dise brought or caried in tonns and such like vessels from or to other nations after a certain rate in euery tonne anno 12. Ed. 4. ca. 3. anno 6. H. 8. ca. 14. anno pri Ed. 6. cap. 13. anno pri Iacobi cap. 33. I haue heard it also called a duty due to the Mariners for vnloading their ship arriued in any hauen after the rate of euery tonne Torny See Turney Totted anno 42. Ed. 3. cap. 9. anno 1. Ed. 6. ca. 15. is a word vsed of a dept which the forein Apposer or other officer in the Exchequer noteth for a good dept to the King by writing this word Tot vnto it Tourn See Turn Tout temps prist vncore est that is to say in English Alway ready and is at this present this is a kinde of plee in way of excuse or defence vnto him that is siewed for withhoulding any dept or duty belonging to the plaintiffe See of this Brooke his Abridgement fol. 258. Traile baston See Iustices of triall baston Traitor traditor proditor See Treason Transgressione is â—writ called commonly a writ or action of trespas Of this Fitzherbert in his Naturabre hath two sorts one Vicountiel so called because it is directed to the Shyreeue and is not returnable but to be determined in the countie The forme whereof differeth from the other because it hath not these words Quare vi amis c. and this see in Fitzh nat br fol. 85. G. The other is termed a writ of trespasse vpon the case which is to be siewed in the common Bank or the Kings Bench in which are alwaies vsed these words vi armis c. And of this you haue Fitzh nat br fol. 92. E. See Trespas See the diuers use of this writ in the Register originall in the table Transcript anno 34. 35. H. 8. cap. 14. is the copy of any originall writen againe or exemplified Transcripto Recognitionis factae coram Iusticiariis itiner antibus c. is a writ for the certifiing of a Recognisance taken before Iustices in Eire into the Chauncery Register orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifiing of the foote of a fine leuied before Iustices in Eyre c. into the Chauncerie eodem fol. 169. Register Iudiciall fol. 14. Travers coÌ„meth of the French Traverser i. transfigere It signifieth in our common lawe sometime to denie sometime to ouerthrow or vndoe a thing done Touching the former signification take these words in Wests symbol parte 2. titulo Chauncery sect 54. An answer saith he speaking of an answer 〈◊〉 a bille in Chauncerie is that which the Defendant pleadeth or saith in barre to avoide the plantiffes bille or action either by confession and avoiding or by denying and traversing the materiall parts thereof And againe sectio 55. A replication is the plaintifles speech or answer to the Defendants answer which must affirme and persiew his bille and confesse and auoide deny or traverse the Defendants answer And the formall words of this trauers are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmatiue Negatiue In the second signification I find it in Stawnfords praerog cap. 20. through the whole chapter speaking of trauersing an office which is nothing else but to proue that an inquisition made of goods or lands by the Eschetour is defectiue and vntruly made So trauersing of an Inditement is to take issue vpon the chiefe mater thereof which is none other to say then to make contradiction or to deny the point of the Enditement As in presentment against A. for a
sub aliorum testimonio faciet de his rebus This high Officer hath by vertue of his office at this day the nomination of the Escheatours yeerely throughout England and giueth the places of all customers controllers and searchers in all the ports of the Realme He sitteth in the chequer chamber and with the rest of the court ordereth things to the Kings best benefite He with the Barons may by statute stall depts of three hundred pounds and vnder And by commission from his maiestie he with others ioyned with him letteth leases for liues or yeares of the lands that came to the Crowne by the dissolution of Abbeys He by his office giueth warrant to certaine men to haue their wine without impost He taketh declaration of all the money payed into the Receipt of the Exchequer and of all Receiuers accompts Then is there a Treasurer of the kings houshold who is also of the priuie Councell and in the absence of the Steward of the Kings houshold hath power with the Controller and the Steward of the Marshalsea without commission to heare and determine treasons misprisions of treasons murder homicide and bloudshed committed within the Kings pallace Stawnf pl. cor lib. 3. cap. 5. In the statute anno 28. Rich. 2. cap. 18. anno 11. H. 7. cap. 16. mention is made of the Treasurer of Calis In Westm 2. cap. 8. of the Treasurer of the Exchequer anno 27. Ed. 3. stat 2. cap. 18. ann 35. Eliz. cap. 4. Of the Treasurer of the Nauie or Treasurer of the warres or garrisons of the Nauie anno 39. El. cap. 7. Treasurer of the Kings chamber anno 26. H. 8. cap. 3. anno 33 eiusdem cap. 39. Treasurer of the warres anno 7. H. 7. cap. prim anno 3. H. 8. cap. 5. Treasurer of the Chauncerie West parte 2. symbol titulo Fines sect 152. Treasurer of the Kings Wardrobe anno 15. Ed. 3. stat prim cap. 3. anno 25. eiusdem stat 5. cap. 21. whose office you haue well set foorth in Fleta lib. 2. cap. 14. Treasurer of the Countie for poore souldiers anno 35. Eliz. cap. 4. And most corporations through the kingdome haue an officer of this name that receiueth their rents and disburseth their common expences Treate commeth of the French traire i. emulgere and signifieth in the common lawe as much as taken out or withdrawne As a Iurour was chalenged for that hee might not dispend 40. pounds and for that cause he was treate by the Statute old na br fol. 159. that is remoued or discharged Breade of treate anno 51. H. 3. Statute of breade c. what it signifieth I cannot learne Trespas Transgressio is a French word signifiing as much as Mors obitus excessiss The reason whereof I take to be because in interpretation it is a passage from one place or estate to another for in Britton cap. 29. I find trespassants for passengers In our common law and language it is vsed for any transgression of the lawe vnder treason felonie or misprision of treason or of felonie as may be gathered out of Stawnf pl. cor fol. 38. where he saith that for a Lord of the Parlament to depart from the Parlament without the kings licence is neither treason nor felonie but trespasse And againe fol. 31. saying that where it was wont before the statute made anno prim Ed. 2. called Statutum de frangentibus prisonam that the breach of prison was felonie if it were the Kings prison it is sithence but trespasse except the prisoner were committed for felonie But it is most commonly vsed for that wrong or dammage which is done by a priuate man to the King as in his Forest pl. cor lib. 2. cap. 18. or to another priuate man And in this signification it is of two sortes trespasse generall otherwise termed trespasse vi armis and trespasse especiall otherwise called trespasse vpon the case And this seemeth to be without force Termes of the Lawe Action vpon the case as appeareth by Kitchin fol. 176. The former I take to be called generall because it riseth from that generall ground in lawe that whatsoeuer is done by any priuate mans humour vi armis is an offence The later I call especiall because Kitchin calleth the other generall and another reason may be this because it springeth from a particular case or fact not conteined vnder any other generall head And the action lying for this trespasse is otherwise called an action vpon the case as may be gathered out of diuers places vnder the title Trespasse in Brookes his Abridgement How to distinguish the forme of these writs or actions See Fitz. nat br fol. 86. I. 87. H. I. In an action of trespasse this is perpetuall that the plaintiffe sieweth for dammages or the valew of the hurt cone vnto 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 armis and when vpon the case as may well appeare to him that shall peruse this title in Brooke But this is to be left to the experiēce of graue and skilfull pleaders I find moreouer in Kitchin fol. 188 that there is a trespasse locall and trespasse transitorie trespasse locall is that which is so annexed to a place certaine as if the Defendant ioyne issue vpon the place and trauers the place onely by saying Absque hoc that he did the trespasse in the place mentioned in the declaration and averre it it is enough to defeate the action Trespasse transitorie is that which cannot be defeated by the defendants trauers of the place saying without that I cōmitted the trespasse in the place declared because the place is not materiall Examples of both you haue set downe by Kitchin in the place aboue named to this effect trauers by Absque hoc of trespasse in batterie or goods brought in is transitorie and not locall as it is of trees cut or herbes And therefore in trespasse transitorie the place shall not make issue neither is it trauersable no more then is a trespasse vpon a case of an Assumption Bracton in his fourth booke cap. 34. num 6. diuideth transgressionē in maiorem minorem which place reade See also great diuersitie of trespasses in the new booke of Entries verbo Trespasse Triall triatio is vsed in our common lawe for the examination of all causes ciuill or criminall according to the lawes of our Realme 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 furder enacted by the authoritie aforesaid that all trials hereafter to be had awarded or made for any treason shal be had and vsed according to the due order and course of the common lawes of this Realme and not otherwise c. By this word triall saith Stawnf in that place some vnderstand
Yere and day annus dies is a time thought in construction of our common lawe fit in many cases to determine a right in one and to worke an vsucapion or prescription 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 yeare and day giuen in case of appeale in case of descent after entry or claime of no claime vpon a fine or writ of right at the common lawe so of a villein remaining in auncient demeane of the death of a man sore bruised or wounded of protections essoines 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 civile lawe Nam si mortifere fuerit vulneratus postea post lon gum intervallum mortuus sit inde annum numerabimus secundum â—ulianum l. ait lex Î . ad legeÌ„ Aquil. Yeare day and waste annus dies vastum is a part of the Kings prerogatiue whereby he challengeth the profits of their lands and tenements for a yere and a day that are attainted of petit treason or felonie whosoeuer be Lord of the maner whereunto the lands or tenements do belong and not onely so but in the end wasteth the tenement destroyeth the houses rooteth vp the woods gardens pastures and ploweth vp medowes except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee. Whereof you may reade at large in Stawnf praerog cap. 16. fol. 44. seqq Yoman seemeth to be one word made by contraction of two Danish words yong men which I gather out of Canutus Charter of the Forest set out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend nuncupant Dani verò yong men vocant locati qui curam onus tum viridis tum veneris suscipiant These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Ingenuos whose opinion the statute affirmeth anno 16. R. 2. cap. 4. whereunto adde the statute anno 20. eiusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our lawes call legalem hominem which as he saith is in English a Free man borne that may dispend of his owne free land in yerely reuenew to the summe of forty shillings sterling Of these he writeth a good large discourse touching their estate and vse in this common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch yonker yea or not which in the Low countries signifieth a meane Gentleman or a gay fellow But he that hath added the marginall notes to that booke seemeth to draw it from the Saxon Geman which signifieth a maried man M. Versteg an in his restitution of decayed intelligence cap. 10. writeth that Gemen among the auncient Teutonicks and Gemein among the moderne signifieth as much as Common and that the first leter G. is in this word as in many others turned into Y. and so written Yemen and that therfore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place betweene the Serge an t and the Groome as Yoman of the Chaundrie and Yoman of the Scullerie anno 33. H. 8. cap. 12. Yoman of the Crowne anno 3. Ed. 4. cap. 5. anno 22. eius cap. 1. anno 4. H. 7. cap. 7. This word Yongmen is vsed for Yomen in the statute anno 33. H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS