of pasture turbarie and piscary to be things corporal looke Common Apporcuâ—â—ent Apportion 〈…〉 tuÌ„ is a dividing of a rent into parts according as the land whence the whole rent issueth is divided among two or more See the new termes of lawe Apprentice Apprenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with vs one that is bound by couenant in word or writing to serue another man of trade for certaine yeares vpon condition that the artificer or man of trade shall in the meane time endeavour to instruct him in his art or misterie S. Thomas Smith in his booke de rep Ang. li. 3. ca. 8. saith that they are a kinde of bond men differing onely in that they be seruants by couenant and for a time Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention Appropriation appropriatio proceedeth from the French approprior i. apeare acc 〈…〉 re and properly signifieth in the lawe of England a severing of a benefice ecclesiasticall which originally and in nature is iuris diuini in p 〈…〉 nullius to the proper and perpetuall vse of some Religious house or Deane c. and Chapter Bishop rick or Colledge And the reason of the name I take to be this because that whereas persons ordinarily be not accounted domini but vsufructuarij hauing no right of fee simple Littleton titulo Discontinuance these by reason of their perpetuitie are accounted owners of the fee simple and therefore are called proprietarij And before the time of Richard the second it was lawfull as it seemeeth simply at the least by mans lawe to appropriate the whole fruites of a benefice to an abbey or priory they finding one to serue the cure But that King made so euill a thing more tolerable by a lawe whereby he ordeined that in euery licence of appropriation made in chauncerie it should expresly be contained that the diocesan of the place should prouide a conuenient summe of money yearely to be paide out of the fruites toward the sustenance of the poore in that parish and that the Vicar should be well and sufficiently endowed anno 15. Rich. 2. ca. 6. Touching the first institution other things worth the learning about appropriations reade Plowden in Grendons case fo 496. b. seqq as also the new termes of lawe verbo Appropriation To an appropriation after the licence obteined of the King in chauncerle the consent of the Diocesan Patron and incumbent are necessarie if the Church be full but if the Church be voide the Diocesan and the Patron vpon the Kings licence may conclude it Plowden vbi supra To dissolue an appropriation it is enough to present a Clerke to the Bishop For that once done the benefice returneth to the former nature Fitzh nat br fo 35. 〈◊〉 Approvour approbator commeth of the French approuver i. approbare comprobare calculum albo adijcere It signifieth in our common law one that coÌ„fessing felony of him self appealeth or accuseth another one or more to be guilty of the same he is called so because he must prooue that which he hath alleadged in his appeale Stawnf pl. cor fo 142. And that proofe is by battell or by the countrey at his election that appealed The forme of this accusation you may in part gather by M. Cromptons Iustice of peace fo 250. 251. that it is done before the coroner either assigned vnto the selon by the court to take and record what he saith or els called by the felon himselfe and required for the good of the Prince common wealth to record that which he saith c. The oath of the approuer when he beginneth the combate see also in Crompton in the very last page of his booke as also the proclamation by the Herald Of the antiquity of this law you may reade something in Horns myrror of Iustices l. 1. in fine cap. del office del coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approuers of the king Appruatores regis be such as haue the setting of the kings demeasneâ— in smal Manors to the kings best aduantage anno 51. H. 3. stat 5. See Approue Approue appruare commeth of the French approuer i. approbare comprobare calculum albo adiicere it signifieth in the common lawe to augment or as it were to examine to the vttermost For example to approue land is to make the best benefite thereof by increasing the rent c. So is the Substantiue approuement vsed in Cromptons iurisd fol. 153. for the profits them selues So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approued Old nat br fol. 79. So the Sheriffes called themselues the kings approuers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approuers But anno 2. Ed. 3. cap. 12. Approuers be certaine men especially sent into seuerall counties of the Realme to increase the Fermes of hundreds and wapentakes which formerly were set at a certaine rate to the Sheriffes who likewise dimised them to others the countie Court excepted Approuement appruamentum see Approue See the Register iudiciall fol. 8. br 9. a. See the new tearmes of lawe verbo Approuement Arbitratour arbiter may be taken to proceede from either the Latine arbitrator or the French arbitre it signifieth an extraordinarie iudge in one or moe causes betweene party and partie chosen by their mutuall consents West parte 2. Symb. titulo Compromise Sect. 21. who likewise diuideth arbitrement into generall that is including all actions quarels executions and demands and special which is of one or moe matters facts or things specified eodem sect 2. 3. 4. T 〈…〉 vilians make a difference betweene arbitrum arbitratorem l. 76. Î . pro socio For though they both ground their power vpon the compromise of the parties yet their libertie is diuers For arbiter is tyed to proceede and iudge according to lawe with equitie mingled arbitrator is permitted wholy to his owne discretion without solemnitie of processe or course of iudgement to heare or determine the controuersie committed vnto him so it be iuxta arbitrium boniviri Arches court Curia de arcubus is the chiefe and auncientest CoÌ„sistorie that belongeth to the Archbishop of Canterburie for the debating of spiritual causes and is so called of the Church in London dedicated to the blessed Virgin commonly called Bow church where it is kept And the Church is called Bow church of the fashion of the Steeple or clocher thereof whose toppe is raised of stone pillars builded arch-wise like so many bent bowes The Iudge of this Court is
and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra 〈…〉 liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur inveÌ„tus qui nomina coÌ„tinebaâ— debitoruÌ„ Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense foâ—utis conficâ—eâ— antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the AutheÌ„tiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin CoÌ„cilio that this is a greeke word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemeÌ„t by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the coÌ„mon plees in Queene Mar. 〈◊〉 time Cromptons Iustices of peace fo 2â— b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the bâ—rgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull 〈…〉 ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any traÌ„saction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished froÌ„ the rest most coÌ„moÌ„ly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred 〈◊〉 aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptioÌ„ from this tribute
the statute for view of Frankpledge made anno 18. Ed. 1 See Deoennier Leete vew of Frankpledge and Freoborghe That this discipline is borowed by vs of the Romane Emperours or rather Lombards appeareth most manifestly in the second booke of Feuds ca. 53. vpon which if you reade Hotoman with those authors that he there recordeth you will thinke your labour well bestowed Reade more of this viz. what articles were wont to be inquired of in this court in Hornes mirrour of Iustices li. 1. ca. de la veneudes francs pleges and what these articles were in auncient times see in Fleta li. 2. ca. 52. Fredwit See Fletwit Free chapell libera Capella by some opinion is a chapell founded within a parish for the seruice of God by the deuotion and liberalitie of some good man ouer and aboue the mother Church vnto the which it was free for the parishioners to com or not to come ēdowed with maintenance by the founder and therevpon called free I haue heard others say and more probably that those only be free chapels that are of the Kings foundation and by him exempted from the Iurisdiction of the Ordinarie but the King may licence a subiect to found such a chapell and by his charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the iurisdiction of the Diocesan appeareth by the Register originall fol. 40. 41. These chapels were all giuen to the King with chaunteries anno 1. Ed. 6. ca. 14. Free chapell of Saint Martin le grand anno 3. Eduardi 4. capite quarto anno 4. Eduard quarti ca. 7. Free hould liberum tenemētum is that land or tenement which a man holdeth in see see taile or at the least for terme of life Bract. li. 2. ca. 9. The newe expounder of the lawe termes saith that free hold is of 2. sorts Freehould in deede and freehold in lawe Freehold in deede is the reall possession of land or tenements in fee fee tayle or for life Freehould in lawe is the right that a man hath to such land or tenements before his entry or seisure I haue heard it likewise extended to those offices which a man holdeth either infee or for terme of life Britton defineth it to this effect Frank tenement is a possession of the soile or seruices issuing out of the soile which a free man holdeth in fee to him and his heires or at the least for tearme of his life though the soile be charged with free services or others ca. 32. Free hold is sometime taken in opposition to villenage Bract. li 4. ca. 37. 38. M. Lamberd in his explication of Saxon words verbo Terra ex scripto saith that land in the Saxons time was called either Bockland that is holden by booke or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the beter sort of tenents as noble men and gentlemen being such as we nowe call free hould the later was commonly in the possession of clownes being that which wee nowe call at the will of the Lord I finde in the Register iudiciall fol. 68. a. and in diuers other places that he which holdeth land vpon an execution of a Statute merchant vntill he be satisfied the debt tenet vt liberum tenementum sibi assignatis suis and fol. 73. b. I reade the same of a tenent per elegit where I thinke the meaning is not that such tenents be free-houlders but as freehoulders for their time that is vntill they haue gathered profits to the value of their debt Freehoulders in the auncient lawes of Scotland were called Milites Skene de verb. signif verb. Milites The D. Student saith that the possession of land after the lawe of England is called franck tenement or free hould fol. 97. a. Frenchman Francigena was wont to be vsed for euerie out-landish man Bracton lib. 3. tract 2. cap. 15. See Englecerie Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta li. 1. ca. 47. Frendles maen was wont to be the Saxon word for him whome we call an outlawe And the reason thereof I take to be because he was vpon his exclusion from the kings peace and protection denied all helpe of freinds after certaine daies Nam forisfecit amicos Bract. li. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli vtlaugh alio nomine antiquitùs solet nominari sc Frendles man sic videtur quod forisfecit amicos vnde st quis talem post vtlagariam expulsionem scienter paverit receptaverit vel scienter cōmunicaverit aliquo modo vel receptauerit veloccultauerit eadem paenâ puniri debet quâ puniretur vtlagatus ita quòd careat omnibus bonis suis vita nisi Rex et parcat de sua gratia 〈◊〉 Fresh disseisin Frisca disseisina commeth of the french Fraiz 1. recens and disseisir i. posessione eiicere It seemeth to signifie in our common law that disseisin that a man may seeke to defeate of himselfe and by his owne power without the helpe of the king or his iudges Britton ca. 5. that is such disseisin as is not aboue 15. daies olde Bract. li. 4. ca. 5. whome you may reade at large of this mater concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a yeare See him also ca. 44. Fresh fine is that which was levied within a yeare past Westm 2. cap. 45. an 13. Ed. 1. Fresh force Frisca fortia is a force done within 40. daies as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any city or borough or deforced from them after the death of his auncester to whome he is heire or after the death of his tenent for life or in taile he may within 40. daies after his title accrued haue a bille out of the chauncerie to the Mayor c. See the rest Fresh suite recens insecutio is such a present and earnest following of an offendour as neuer ceaseth from the time of the offence committed or espied vntill he be apprehended And the effect of this in the pursuite of a felon is that the partie persiewing shall haue his goods restored him agine whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall finde handled at large what suite is to be accounted fresh and what not And the same author in his first booke cap. 27. saith that fresh suite may continue for seuen yeres See Cookes reportes l. 3. Rigewaies case Fresh suite seemeth to be either within the view or without for M. Manwood saith that vpon fresh suite within the view trespassers in the forest may be attached by the efficers persiewing them though without the limits
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
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
man against another that vpon any cause possesseth or occupieth the thing required or siewed for in his owne name and none other mans and in this onely respect that he possesseth or occupieth the thing and none other Bract. ibid. nu 3. and his reason is this quia habet rem vel possidet quam restituere potest vel dominum nominare This definition reason he farther exēplifieth in the words there following which he that wil may reade at large Action mixt is that which lyeth aswell against or for the thing which we seeke as against the person that hath it and is called mixt because it hath a mixt respect both to the thing the person Bract. lib. 3. cap. 3. nu 5. For example the diuision of an inheritance betweene coheyres or copartners called in the ciuill lawe actio familiae exciscunde secondly the diuision of any particular thing being common to more called likewise actio de communi dividundo this kind of action saith Bracton doth seeme to be mixt because it lyeth as well against thing as the person and indeed so do other excellent Civilians as Cuiacius and Wesenbecius in their Paratitles Π. finium regund And though Iustinian in his first diuision omitteth the third member yet afterward in the same title § 20. he saith as these men do viz. that there be certaine actions naming these and other of like nature that seeme to haue a mixture c. Of this you may also reade Britton at large in his chapter 71. And this diuision of action springeth frō the obiect or matter wherabout it consisteth Wesenb parat 〈◊〉 de actio obliga The author of the new tearmes of law defineth a mixt action to be a suite giuen by the lawe to recouer the thing demaunded and also the dammages for wrong done as in Assise of nouel disseysin the which writ if the diffeisour make a feofment to another the disseiseur shall haue remedie against the disseisour and the feoffer or other land tenant to recouer not onely the land but the dammages also See the rest These words occasion me to shew that actio is by the ciuill lawe called mixta in two respects Nam quaedam mistae sunt quòd in se actionis in rem actionis personalis natur am habeant in iis actor reus vterque sit l. actionis verbo § fina Π. de obliga actio Tales sunt actio familiae ercise communi diuidun finium regun quaedam verò mistae sunt quòd remsimul poenam persequantur vt in actione vi bonorum rapt legis Aquiliae ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta soluere distulerunt And of this later sort is the example that the said author bringeth of a mixt action Action is also by the Civilians divided of the efficient cause in civilem praetoriam Whereof the one riseth out of the common civil lawe the other from some edict of the Pretour Who being cheife Iusticer had authoritie for his yeare to supply the defects of the general law by his especial edicts And a division not vnlike this may be made in the common law of England one growing from the auncient qustomary law the other from some statute Broke tit Action sur le statut Action of the finall cause is divided into civil poenal mixt Cooke vol. 6. fo 61. a. Action civile is that which tendeth onely to the recouerie of that which by reason of any contract or other like cause is due vnto vs as if a man by action seeke to recouer a summe of money formerly lent c. Action penall is that aimeth at some penaltie or punishment in the partie sued be it corporall or pecuniarie As in the action legis Aquiliae in the civile lawe whereby in our common lawe the next frends of a man feloniously slaine or wounded shall persue the law against the murderer or him that wounded him to condigne punishment Bract. li. 3. ca. 4. Action mixt is that which seeketh both the thing whereof we are depriued and a penaltie also for the vniust deteyning of the same as in an action of tithe vpon the statute anno 2. 3. Ed. 6. ca. 13. Action is also according to the forme of petion divided into such as are conceiued to recouer either the simple value of the thing chalenged or the double the triple or quadruple Bract. li. 3. ca. 3. nu 6. So doeth Decies tantum lie against embracers Fitzh nat br fo 171. and against iurours that take mony for their verdict of one part or the other or both And to be short any other action vpon a statute that punisheth any offence by restitution or fine proportionable to the transgression Action is preiudiciall otherwise called preparatorie or els principall preiudiciall is that which groweth from some question or doubt in the principall as if a man sue his younger brother for land descended from his father and it be obiected vnto him that he is a bastard Bract. li. 3. ca. 4. nu 9. For this pointe of bastardie must be tried before the cause can farder proceede therefore is termed preiudicialis quia prius iudicanda Action is either awncestrell or personall Stawnf pl. cor 59. Auncestrel seemeth to be that which we haue by some right descending from our auncester vpon vs and that personall which hath the beginning in and from our selues Action vpon the case actio super casu is a generall action giuen for redresse of wrongs done without force against any man and by lawe not especially provided for For where you haue any occasiō of suite that neither hath a fitte name nor certaine forme alreadie prescribed there the clerkes of the chauncerie in auncient time conceiued a fitte forme of action for the fact in questiō which the Civilians call actionem infactum our common lawyers action vpon the case In factum actiones dicuntur ideo quia quod nomine non possunt exprimere negotium id rei gestae enarratione declarant citra formulā ac solennitatem vllā Cuiacius Gothofredus ad Rubricam de praescriptis verbis And whereas in the civile lawe there are two sorts actionis in factum one tearmed actio in factum ex praescriptis verbis the other actio in factum praetoria We semb parat de praescrip verb. the former growing vpon words passed in contract the other more generally vpon any fact touching either contract or offence formerly not provided against this action vpon the case seemeth in vse to bemore like to the pretours action in factum then to the other because in the perusall of the new booke of entries and Brookes his abridgement heerevpon I perceiue that an action vpon the case lieth as well against offenses as breach of contract Of this see more in the word Trespas Action vpon the statute actio super statuto is an action brought against
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
bequeath any thing to the redeeming of captives c. and appoint one to execute his will in that point the partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices of assises formerly appointed Register orig fol. 206. a. Ad quod damnum is a writ that lyeth to the escheater to inquire what hurt it will be to the King or other person to graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
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
his lords court For the steward as he inrolleth and maketh remembrances of all other things done in the lords court so he doth also of such tenents as be admitted in the court to any parcell of land or tenement belonging to the maner and the transcript of this is called the court rowle the copie whereof the tenent taketh from him and keepeth as his onely euidence Coke li. 4. fo 25. b. This tenure is called a base tenure because it houldeth at the wil of the lord Kitchin fo 80. chap copihoulds Fitzh nat br fo 12. B. C. who there saieth that it was wont to be called tenure in villenage and that this copihould is but a new name Yet is it not simply at the will of the lord but according to the custome of the maner So that if a copiehoulder breake not the custome of the maner and thereby forfeit his tenure he seemeth not so much to stand at the lords courtesie for his right that he may be displaced hand ouer head at his pleasure These customes of maner be infinit varying in one point or other almost in euery seuerall maner First some copiehould is fineable and some certaine that which is fineable the lord rateth at what fine or incom he pleaseth when the tenent is admmitted vnto it that which is certaine is a kinde of inheritance and called in many places custumary because the tenent dying and the hould being void the next of the blood paying the custumarie fine as two shillngs for an acre or such like may not be denied his admission Secondly some copihoulders haue by custome the wood growing vpon their owne land which by law they could not haue Kitchin vbisupra Thirdly copi-holders some be such as hold by the verge in ancient demesn although they hold by copy yet are they in accompt a kind of Free-holders For if such a one commit felonie the king hath annum diem vastum as in case of Freehold Some other hold by common tenure called meere copy hold and they committing felonie their land escheateth to the Lord of the maner foorthwith Kitchin fol. 81. chap. Tenents per verge in auncient demesn What auncient demesn is see in the right place See Tenent by copie of court rolle This is the land that in the Saxons time was called Folk land Lamberd explicat of Saxon words verbo Terra ex scripto West parte prim symbol lib. 2. Sect. 646. defineth a copi-holder thus Tenent by copie of court rolle is he which is admitted tenent of any lands or tenements within a maner that time out of the memory of man by vse and custome of the said maner haue bene dimisable and dimised to such as will take the same in fee in fee-taile for life yeares or at will according to the custome of the said maner by copie of courtrolle of the same maner where you may read more of these things Coraage coraagium is a kinde of imposition extraordinarie growing vpon some vnusuall occasion and it seemeth to be of certaine measures of corne For corus tritici is a certaine measure of corne Bracton libro 2. ca. 16. nu 6. who in the same chapter nu 8. hath of this mater these words Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cùm necessitas interuenerit vel cùm rex venerit sicut sunt hidagia coraagia caruagia alia plura de necessitate ex consensu communitotius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentē suū acquietare nisi se adhoc specialiter obligauerit in charta sua c. Cordiner commeth of the French cordoüannier i. sutor calcearius a shoomaker and is so vsed in diuers statutes as anno 3. H. 8. ca. 10 anno 5. eiusdem ca. 7. and others Cornage cornagium commeth of the French cor i. cornu and in our common law signifieth a kinde of grand sergeantie the seruice of which tenure is to blow a horne when any invasion of the northern enemie is perceiued And by this many men hold their land northward about the wall commonly called the Picts walle Camd. Britan p. 609. hence commeth the word cornuare to blow a horn pupil oculi parte 5. ca. 22. in charta de Foresta This seruice seemeth to haue proceeded from the Romanes For I finde cornicularios mentioned in the ciuile lawe viz. li. 1. Cod. de officio diuerso Iud. 48. lege 3. lib. 12. titulo de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius libro 3. de verbo significat saith thus of them hi militum quoddam genus fuere qui corniculo merebant vnde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horne was an honour reward giuen for seruice in war Corner tile See Gutter tile Corodye corodium commeth of the Latine verb corrodo and signifieth in our common lawe a summe of mony or allowance of meate and drinke due to the king from an abbey or other house of religion whereof he is the founder toward the reasonable sustenāce of such a one of his seruants being put to his pension as he thinketh good to bestowe it on And the difference betweene a corodie and a pension seemeth to be that a corodie is allowed toward the maintenance of any the kings seruants that liueth in the abbey a pension is giuen to one of the kings chaplaines for his better maintenance in the kings seruice vntill he may be prouided of a benefice Of both these read Fitzh nat br fo 230. 231. 233. who there setteth downe all the corodies and pensions certaine that any abbey when they stoode was bound to performe vnto the king There is mention also of a corodie in Stawnf praerogatiue fo 44. And this seemeth to be awncient lawe For in Westm 2. ca. 25. it is ordeined that an assise shall lie for a corodie It is also apparent by the statute anno 34. 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries by the new termes of lawe that a corodie may be due to a common person by graunt from one to another or of common right to him that is founder of a religious house not holden in frank almoyn For that tenure was a discharge of all corodies in it selfe By which booke it appeareth also that a corodie is either certaine or vncertaine and that it may be for life yeares in taile or in fee. Corodio habendo is a writ whereby to exact a corodie of any abbey or religious house See Corodie See the Register originall fo 264. Coronatore eligendo is a writte which after the death or discharge of any coroner is directed to the shyreeue out of the Chācery to call togither the free
spices and drugs to be garbleled 1. Iaco. 19. Day dies is sometime vsed in the lawe for the day of appearance in court either originally or vpon assignation and sometime for the returnes of writs For example daies in bank be daies set downe by statute or order of the court when writs shall be returned or when the partie shall appeare vpon the writ serued And of this you may read the statutes anno 51. H. 3. ca. 1. 2. Marlb ca. 12. anno 52. H. 3. and the statute de anno bissextili anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dismissed with out day is to be finally discharged the court Kitchin fo 193. He had a day by the rolle Kitchin fo 197. that is he had a day of appearance assigned him Day yeere and waste Sea Dies and yeare Deadly feude feuda is a profession of an vnquencheable hatred vntill we be reuenged euen by the death of our enemie It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is vsed anno 43. Eliz. cap. 13. Dead pledge mortuum vadium See Mort gage Deane decanus is an ecclesiasticall magistrate so called of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power ouer ten Canons at the least How be it in England we vse to call him a deane that is next vnder the bishop and cheife of the chapter ordinarily in a cathedrall church and the rest of the societie or corporation we call Capitulum the chapter But this word how diuersly it is vsed read Lindwood titulo de iudiciis ca. pri verbo Decanirurales where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasticall ouer other ministers and parishes neere adioyning assigned vnto them by the Bishop and archdeacon being placed displaced by them As there be two foundations of cathedrall churches in England the old the new the new bethose which Henry the 8. vpon suppression of abbeyes transformed from abbot or prior couēt to deane and chapter so be there two meanes of creating these deanes For these of the old foundation are brought to their dignitie much like Bishops the king first sēding out his congè d' eslire to the chapter the chapter then chusing the king yeelding his royal assēt and the Bishop confirming him and giuing his mandate to installe him Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents without either election or confirmation This word is also applyed to diuers that are the chiefe of certaine peculiar Churches or chapels as the deane of the kings chapell the deane of the Arches the deane of Saint George his chapell in Windsour the deane of Bockin in Essex Debet solet These words are diuers times vsed in the writers of the common lawe and may trouble the minde of a young student except he haue some aduertisement of them For example it is saide in the old nat br fo 98. This writ de secta molendini being in the debet and solet is a writ of right c. and againe fo 69. A writ of Quod permittat may be pleaded in the countie before the shyreeue and it may be in the debet and in the solet or the debet with out the solet according as the Demandāt claymeth wherfore note that those writs that be in this sort brought haue these words in them as formall words not to be omitted And according to the diuersity of the case both debet and solet are vsed or debet alone that is if a man siew to recouer any right by a writ whereof his awncester was disseised by the tenent or his awncester then he vseth onely the word debet in his writ because solet is not fit by reason his awncester was disseised and the custome discontinued but if he siew for any thing that is now first of all denied him then he vseth both these words debet so'et because his awneesters before him and he him selfe vsually imoyed the thing siewed for as suite to a mille or common of pasture vntill this present refusall of the tenent The like may be saide of debet and detinet as appeareth by the Register orig in the writ de debito fo s 40. a. Debito is a writ which lieth where a man oweth to another a certaine summe of mony-vpō an obligation or other bargain for any thing sold vnto him Fitz. nat br fo 119. This writ is made somtime in the Detinet not in the Debet which properly falleth out where a man oweth an annuitie or a certaine quantity of wheat barley or such like which he refuseth to pay old nat br fo 75. See Debet Solet Denelage denelagia is the law that the Danes made heere in England out of which and Merchenlage and West Sexonlage the Conquerour compounded certaine ordinances for his subiects Camdeni Britan. pa. 94. pa. 183. Decem tales See Tales Decies tantum is a writ that lieth a gainst a Iurour which hath taken mony for the giuing of his verdict called so of the effect because it is to recouer ten times so much as he tooke It lieth also against embracers that procure such an enquest anno 38. Ed. 3. ca. 13. Reg. orig fo 188. Fitzh nat br fo 171. New booke of Entrise verbo Decies tantum Deceyte déceptio fraus dolus is a subtile wilie shift or deuiso hauing noe other name Hereunto may be drawen all maner of craft subtiltie guile fraude wilynes slightnes cunning couin collusion practise and offence vsed to deceiue another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decenniers See Deciners Deceptione is a writ that lieth properly against him that deceitfully doth any thing in the name of another for one that receiueth harme or dāmage therby Fuzh. nat br fo 95. This writ is either originall or iudiciall as appeareth by the old nat br fo 50. where you may reade the vse of both For some satisfaction take these words of that booke This writ of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise euill intreated as it appeareth by the Register c. And when it is iudiciall then it lieth out of the rols of record as in case where scire facias is sent to the Shyreeue that he warme a man to be before the Iustices at a certaine day and the Shyreeue returne the writ serued whereas the said man was not warned by which 〈◊〉 partie that sieweth tho scire 〈…〉 as recouereth then the party which ought to haue beene warned shall haue the saide writ against the Shyreeue The author of the termes of lawe verbo Deceite saith that the
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
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
learned men in the lawe reteined of councell with the King in the said court Of this Court M. Gwin in the preface to his readings thus speaketh The court of the Duchy or Countie Palatine of Lancaster grew out of the graunt of king Edward the third who first gaue the Dutchy to his sonne Iohn of Gawnte and endowed it with such royall right as the Countie Palatine of Chester had and for as much as it was afterward extinct in the person of king Henry the fourth by reason of the vnion of it with the Crowne the same king suspecting himselfe to bee more rightfully Duke of Lancaster then king of England determined to saue his right in the Dutchy whatsoeuer should befal of the Kingdome and therefore hee separated the Dutchy from the Crowne and setled it so in the naturall persons of himselfe and his heires as if he had bin no king or Politique bodie at all In which plight it continued during the reigne of K. Henry the 5. and Henry the 6. that were descended of him But when King Edw. the 4. had by recouery of the Crowne recontinued the right of the house of Yorke hee feared not to appropriate that Dutchy to the Crowne againe and yet so that hee suffered the Court and Officers to remaine as he founde them And in this maner it came together with the Crowne to King Henry the 7. who liking well of that policy of King H. the 4. by whose right also hee obteined the Kingdome made like separation of the Dutchy as hee had done and so left it to his posterity which doe yet inioy it Dumfuit infra aetatem is a writ which lyeth for him that before hee came to his full age made a feofment of his land in fee or for terme of life or in taile to recover them againe from him to whome he conveied them Fitzh nat br fol. 192. Dum non fuit compos mentis is a writ that lieth for him that being not of sound memory did alien any lands or tenements in fee simple fee tayle for terme of life or of yeeres against the alienee Fitzh nat br fol. 202. Duplicat is vsed by Crompton for a second leters patent graūted by the Lord Chauncelour in a case wherein he had formerly done the same and was therefore thought void Cromptons Iurisd fol. 215. Dures Duritia commeth of the French dur i. durus vel durete i. duritas and is in our common lawe a plee vsed in way of exception by him that being cast in prison at a mans suite or otherwise by beating or threats hardly vsed sealeth any bond vnto him during his restraint For the lawe holdeth this not good but rather supposeth it to be constrained Brooke in his Abridgement ioyneth Dures and Manasse together i. duritiam minas hardnes and threatning See the newe booke of Entries verbo Dures and the new Termes of law E A EAlderman Aldermannus among the Saxons was as much as Earle among the Danes Camden Britan. pag. 107. If yee goe to the true etimologie of the word mee thinketh it shoud sound more generally so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Graecians or Senator with the Romanes who were rather Councellers at large then bestowed vpon any particular office as Comites were See Countie And that signification we retaine at this day almost in all our Cities and Borowes calling those Aldermen that are Associates to the Chiefe Officer in the common councell of the Towne anno 24. H. 8. ca. 13. or sometime the cheife officer himselfe as in Stawnford Earle Comes in M. Camdens opinion pag. 107. is a word made by the Danes of Ealderman a word of the Saxons M. Lamberd seemeth notwithstanding to acknowledge that Earle is originally a Saxon word Explica of Sax. words verbo Paganus and interpreteth it Satrapam which word the Romaines borowing of the Persians applied to those that were praefecti provinciarum M. Verslegan in his restitution of decaied intelligence deriueth it from two Netherland words ear i. honor and ethel i. nobilis wherein I leaue the reader to his owne iudgement This title in auncient time was giuen to those that were associates to the king in his councels and Marshall actions as Comes was to those that folowed the Magistrates in Roome and executed their offices for them as their deputies and died alwaies with the man Zasius hath of this word thus much Comitū originem in Doctoribus non invenimus sed noveris cam dignitatem vetustissimam esse Nam Cor. Tacitus in libello de Germania scribit apud priscos vsu fuisse receptum vt cuilibet principi seu Duci exercitus duodecim comites assignarentur ideo dictos quia comitarentur eos à Ducum latere non decederent Comitū itaque originē Germanis moribus ortum esse dictus receptissimus autor testis est Quapropter quod in duodecimo libro Codicis aliqui tituli de Comitibus largitionum c. inscribuntur usurpationem Imperatoris ex Germanorum ritibus sumptam credo But the Conquerour as M. Camd. saith gaue this dignitie in fee to his nobles annexing it to this or that countie or province and allotted them for their maintenance a certaine proportion of monie rising from the Princes profits for the pleadings and forfeitures of the province For example he bringeth an aunent Record in these words Henricus 2. Rex Anglie his verbis Comitem creauit Sciatis nos fecisse Hugonet Bigot Comitē de Nortfolk sc de tertio denario de Norwic. Northfolke sicut aliquis comes Angliae liberiùs comitatum suum tenet Which words saith the same author an ould booke of Battell Abbie thus expoundeth Consuetudinaliter per totam Angliammos antiquitùs inoleverat Comites provinciarum tertium denarium sibi obtinere inde Comites dicti And another booke without name more fully Comitatus a Comite dicitur aut vice versa Comes autem est quia tertiam portionem eorum quae de placitis proveniunt in quolibet Comitatu percipit Sed non omnes Comites ista percipiunt sed hii quibus Rex haereditariò aut personaliter concessit You may reade M. Fern in Lacyse nobility something to this effect pa. 12. But he saith that one Duke or Earle had diuers Shires vnder his gouernment as a viceroy and had lieuetenants vnder him in euery particular Shire called a Shyreeue That one Earle was dignified by the appellation or more rhen one Shyreeue it appeareth by diuers of our auncient Statutes as namely by the sentēce of excommunication pronounced by the Bishops against the infringers of the great Charter charter of the forest anno 38. H. 3. Roger Bigot is named Earle both of Northfolke and Southfolke and anno 1. Ed. 3. Thomas Earle of Lancaster and Leycester Humsrey Bohum Earle of Hereford and Essex Dyer fo 285. nu 39. At these daies as long since the kings of England make Earles by their charters of this or that Countie giuing them no
these words saluis omnibus aduantagiis tam ad iurisdictionem Curia quà m ad breue narrationem or such like Britton vseth it for the conference of a Iury vpon the cause committed vnto them ca. 53. See Imparlance Emprouement See Improuement Encheson A. 50. Ed. 3. ca. 3. is a french word signifiing as much as occasión cause or reason wherefore any thing is done See Skene de verbo significa verbo Encheson Encrochement or Accrochemēt commeth of the french Accrocher 1. apprehendere inuncare harpagare and that commeth of Crochure 1. aduncitas or crochu 1. aduncus Encrochement in our common law signifieth an vnlawfull gathering in vpon another man For Example if two mens grounds lying togither the one presseth too farre vpon the other or if a tenent owe two shillings rent seruice to the Lord the Lord taketh three So Hugh and Hugh Spencer encroched vnto them royall power and authoritie annoprim Ed. 3. in prooem Enditement Indictamentum commeth of the French Enditer i. deferre nomen alicuius indicare or from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because M. Lamberd will haue it so Eirenar lib. 4. cap. 5. pag. 468. It signifieth in our common lawe as much as Accusatio in the ciuile lawe though it haue not in all points the like effect West parte 2. symb titulo Inditements defineth it thus An Inditement is a Bill or declaration made in forme of lawe for the benefite of the common wealth of an accusation for some offence either criminall or penall exhibited vnto Iurours and by their verdict found and presented to be true before an Officer hauing power to punish the same offence It is an accusation because the Iury that inquireth of the offence doth not receiue it vntill the party that offereth the Bill appeare so farre in it as to subscribe his name and offer his oth for the truth thereof It differeth from an Accusation in this that the preferrer of the Bill is no way tyed to the proofe thereof vpon any penalty if it be not proued except there appeare conspiracy Wherefore though moued by M. Wests authority I call it an Accusation yet I take it to be rather Denuntiatio because it is of office done by the great enquest rather then of a free intent to accuse Of this you may reade S. Tho. Smith de Repub. Anglor lib. 2. cap. 19. and Stawnf pl. cor lib. 2. cap. 23. 24. 25. 26. c. Vsque 34. and M. Lamberds Eirenarcha li. 4. ca. 5. whence you may receiue good satisfaction in this mater Endowment Dotatio commeth of the french Doüare and signifieth the bestowing or assuring of a Dower See Dower But it is sometime vsed metaphorically for the setting forth or seuering of a sufficient portion for a vickar toward his perpetuall maintenance when the benefice is appropriated See Appropriation And the statute A. 15. R. 2. cap. 6. Endowment de la plus Belle part is where a man dying seised of some lands houlding in knights seruice and other some in socage the widow is sped of her dower rather in the lands houlding in socage then knights seruice Of this reade Litleton more at large li. 1. ca. 5. Enfranchisement cōmeth of the french Franchise 1. libertas and is in a maner a french word of it selfe It signifieth in our common law the incorporating of a man into any societie or body politicke For example he that by charter is made Denizen of England is said to be enfranchised and so is he that is made a citizen of London or other city or Burges of any towne corporate because he is made partaker of those liberties that appertaine to the corporation whereinto he is enfranchised So a villaine is enfranchised when he is made free by his Lord and made capable of the benefites belonging to freemen Englecerie engleceria is an old abstract word signifying nothing else but to be an English man For example if a man bee priuily slaine or murthered he was in old time accompted Francigena which word comprehendeth euery alien vntil Englecerie was proued that is vntill it were made manifest that he was an Englishman A man may maruell what meaning there might be in this but Bracton cleareth the doubt who in his third booke tract 2. cap. 15. num 3. telleth vs that when Canutus the Danish king hauing setled his estate here in peace did at the request of our Barons disburden the land of his armie wherein he accompted his greatest safetie and conditioned with them that his countrimen which remained here should continue in peace and the more to secure that that for euery Francigena vnder which word as is aboue said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be leauied to his Treasurie 66. merkes out of the village where the murder was cōmitted or out of the hundred if the village were not able to pay it and further that euery man murdered should be accompted Francigena except Englecery were proued which how it was to be proued looke the 7. number in the same chapter And see also Horns myrror of Iustices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that afterwarde were perceiued to grow by it was cleane taken away by a statute made anno 14. Ed. 3. capite quarto Enheritance See Inheritance Enquest Inquisitio is all one in writing with the french word and all one in signification both with the French and Latine Howbeit it is especially taken for that Inquisition that neither the Romanes nor French men euer had vse of that I can learne And that is the Enquest of Iurors or by Iurie which is the most vsuall triall of all causes both ciuile and criminall in our realme For in causes ciuill after proofe is made of either side so much as each partie thinketh good for himselfe if the doubt be in the fact it is referred to the discretion of twelue indifferent men empaneled by the Shyreeue for the purpose and as they bring in their verdict so iudgement passeth For the Iudge saith the Iurie findeth the fact thus then is the law thus and so we iudge For the enquest in causes criminall see Iurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An enquest is either of office or at the mise of the partie Stawnf pl. cor lib. 3. cap. 12. Entendment commeth of the French entendement i. intellectus ingenium It signifieth in our common lawe so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayle feudum talliatum commeth of the French entaille i. inscisus and in our cōmon lawe is a substantiue abstract signifying Fee-tayle or Fee-intayled Litleton in the second chapter of his book draweth Fee-tayle from the verbe Talliare which whence it commeth or whether it will I know not whereas in truth it must come from the French taille
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
num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of this oath as it is vsed among the feudists you may reade well expressed by Zasius in his Tractate de feudis part 7. num 15. 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie This fealtie is also vsed in other nations as the Lombards and Burgundians Cassanaus de consuet Burgund pag. 419. 420. And indeed the very first creation of this tenure as it grew from the loue of the lord toward his followers so did it bind the tenent to fidelitie as appeareth by the whole course of the feods And the breach thereof is losse of the fee. Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecius in tract de feudis cap. 15. num 4 seqq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hotoman in his Commentaries De verbis feudalibus sheweth a double fealtie one generall to be performed by euery subiect to his prince the other speciall required only of such as in respect of their fee are tyed by this oath toward their landlords both we may reade of in the grand Customary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Vnde tenentur se ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec eius inimicis praebere contra ipsum consilium vel iuvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Vnde nullus homag ium vel fidelitatem alicuius potest recipere nisi salva Principis fideliiate Quod etiam est in eorum receptione specialiter exprimendum Inter Dominos autem alios homines fides taliter debet obseruari quòd neuter in personam alterius personalem violentiam seu percussionis iniectionem cum violeÌ„tia debet irrogari Si quis eâ—â—m eoruÌ„ ex hoc fuerit accusatus in curia conuictus feudum omne debet amittere c. This fealty speciall is with vs performed either by free men or by villeines The forme of both see anno 14. Ed. 1. stat 2. in these words when a freeman shall doe fealty to his lord he shall hould his right hand vpon a booke and shal say thus Heare you my lord R. that I. P. shal be to you both faithfull and true and shall owe my fealty to you for the land that I hould of you at the terms assigned So help me god and all his saints When a villaine shall doe fealty vnto his lord he shall hould his right hand ouer the booke and shall say thus Heare you my lord A. that I. B. from this day forth vnto you shal be true and faithfull and shall owe you fealty for the land that I hould of you in villenage and shal be iustified by you in body and goods So helpe me god all his Saints See the Register originall fol. 302. a. Fee Feodum aliâs Feudum commeth of the French Fief i. praedium beneficiarium vel res clientelaris and is vsed in our common lawe for all those lands which we hold by perpetuall right as Hotoman well noteth verbo Feodumide verbis fâ—udalibus our auncient lawyers either not obseruing wheÌ„ce the word grew or at the least not sufficieÌ„tly expressing their knowledge what it signified among them from whome they tooke it Feudum whence the word Fief or fee commeth signifieth in the German language beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur Hotoman disput ca. 1. And by this name goe all lands tenements that are held by any acknowledgement of any superioritie to a higher Lord. They that write of this subiect doe diuide all lands and tenements wherein a man hath a perpetuall estate to him and his heires c into Allodium Feudum Allodium is defined to be euerie mans owne land c. which he possesseth meerely in his owne right without acknowledgement of any seruice or paiment of any rent vnto any other and this is a propertie in the highest degree and of some it is called allaudium ab a privatiua particula laudum vel laudatio vt sit praedium cuius nullus author est nisi deus Est enim laudare vel Nouio teste nominare Quod Budaeus docuit ad Modestinum l. Herennius 63. Î . de haere institu Prataeus verbo Allaudium Hotoman in verb. feuda Feudum is that which we hold by the benefite of another and in the name whereof we owe seruice or pay rent or both to a superior lord And all our land here in England the Crowne land which is in the kings owne hands in the right of his crowne excepted is in the nature of Feudum or fee for though many a man hath land by descent from his Auncestors and many another hath dearely boughtland for his money yet is the land of such nature that it cannot come to any either by discent or purchase but with the burtheÌ„ that was laid vpon him who had novel fee or first of all receiued it as a benefite from his Lord to him and to all such to whome it might discend or any way be conueied from him So that if we will reckon with our host as the proverbe is there is no man here that hath directum dominium i. the very propertie or demaine in in any land but the prince in the right of his crowne Camd. Britan pag. 93. for though he that hath fee hath ius perpetuum vtile dominium yet he oweth a dutie for it therefore is it not simply his owne Which thing I take those words that we vse for the expressing of our deepest right in any lands or tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demaine as of fee. Seisitus inde in dominico meo vt de feudo and that is as much as if he said it is my demaine or proper land after a sort because it is to me and mine heires forever yet not simply mine because I hold it in the nature of a benefite from another yet the statute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne but it proceedeth from the ignorance of the nature of this word fee for fee cannot be without fealty sworne to a superiour as you may reade partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman
craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the coÌ„mon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fledâ—it commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemeÌ„t of the king or some of his courts or lastly vpoÌ„ debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasoÌ„ because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on
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.
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâ—â—rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur â—i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmeÌ„t which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secoÌ„d such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth
purchased many of them and againe that many for capitall offences haue forfeited them to the king and that thereby they still remaine in the crowne or are bestowed againe vpon others so that at these daies many be in the hands of mean men such as by their skill in lawe or phisicke by merchaundize grazing or such other good husbandry haue gathered welth and inabled themselues to purchase them of those that by discent receiued thē from their ancestors in greater aboundance then wit to keepe them But who so euer possesseth these maners the liberty belonging vnto them is reall and prediall and therefore remaineth still though the owners be changed In these daies a maner rather signifieth the Iurisdiction and royalty incorporeal then the land or site For a man may haue a maner in grosse as the law termeth it that is the right and interest of a court Baron with the perquisites thereunto belonging and another or others haue euery foote of the land thereunto belonging Kitchin fol. 4. Brooke hoc titulo per totum Bracton lab 4. ca. 31. nu 2. diuideth manerium in capitale non capitale See Bracton lib. 5. tracta 5. ca. 28. nu pri See Fee The new expositor of law terms saith that Manour is a thing compounded of diuers things as of a house land earable pasture meadow wood rent advouzen court Baron and such like And this ought to be by long continuance of time to the contrary whereof mans memory cannot discerne c. Mansion Mansio as Eracton defineth it lib. 5. cap. 28. nu pri is a dwelling consisting of one or more houses without any neighbour And yet he graunteth forthwith that Mansio Mansioni possit esse vicinata I finde it most commonly vsed for the lords cheife dwelling house within his fee whether it haue neighbours adioyning or not otherwise called the capitall mesuage Bracton li. 2. c. 26. or the cheife maner place Mansio amongst the auncient Romans was a place appointed for the lodging of the Prince or souldiers in their iourney furnished with conuenient entertainement by the neighbours adioyning And in this sence we reade primam mansionem for the first nights lodging and so in order It is probable that this word Mansion doth in some construction signifie so much land as Beda calleth familiam in his ecclesiasticall history For Master Lambert in his explica of Saxon words ver Hida terrae saith that that which he calleth familiam others sithence call Manentem vel Mansam Mansus and Mansum I reade of in the Feudists which as Hotoman saith in verbis feudalibus est neque domus neque area neque hortus sed ager certi modi ac mensurae And againe in Commentarus feudorum lib. p. tit 4. vers de Manso Agri deserti inculti certa mensura dabantur cultoribus quasi in emphyteusin vt culti meliorati feudi iure a vasallis possiderentur In contractu autem vasalls nonnunquam incrementum i. meliorationem omnem sibi recipiebant siue per culturam siue per inaedificationem ea melioratio fieret c. And Cassanaeus de consuet Burg. pag. 1195. defineth it thus Mansus est quantum qu is cum vno pari boum laborare possit prouing it out of Bartolus in li. si ita 〈◊〉 de auro argen legato in fine legis Reade M. Skene de verbo sign verbo Mansus I reade the latine word Mansia in the same signification as namely in the charter graunted by King Kanulphus to Ruchin the abbot of Abingdon which Sir Edward Cooke setteth downe in his booke de iure Regis ecclesiastico Manslaughter Homicidium is the vnlawfull killing of a man without prepensed malice as when two that formerly meant no harme one to the other meet togither and vpon some sodaine occasion falling out the one killeth the other West par 2. symb titulo Inditements sect 44. It differeth from murder because it is not done with foregoing malice from chauncemedly because it hath a presēt intēt to kill And this is felony but admitteth clergie for the first time Stawnf pl. cor lib. 1. cap. 9. and Britton ca. 9. It is confounded with murder in the statute anno 28. Ed. 3. ca. 11. Mantyle Mantile commeth of the French Manteau and signifieth with vs a long roabe anno 24. Hen. 8. cap. 13. Manucaptio is a writ that lyeth for a man who taken for supition of felony and offering sufficient Bayle for his appearance cannot be admitted thereunto by the Shyreeue or other hauing power to let to mainprise Fitzh nat br fol. 249. See Mainprise How diuersly it is vsed see the Register originall in the table Manuel Manualis is a thing whereof present profit may be made Stawnf praerogat fol. 54. And a thing not manuell is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission Manumissio is a freeing of a villein or slaue out of his bondage The forme of this in the time of the Conquerour M. Lamb. in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth downe in these words Si quis velit seruum suum liberum facere tradat eum vice-comiti per manum dexteram in pleno comitatu quietum illum clamare debet à iugo seruitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were wont to be manumitted by charter of manumission vide Brooke titulo Villenage fol. 305. The newe expositour of lawe Termes maketh two kinds of manumission one expressed an another implied Manumissiō expressed is when the Lord maketh a deede to his villein to infranchise him by this worde Manumittere The maner of manumitting in old time was thus The Lord in presēce of his neighbours tooke the bondman by the head saying I will that this man be free and therewith shoued him forward out of his hands Manumission implied is when the Lord maketh an obligation for paiment of mony to him at a certaine day or sieweth him where he might enter without suite or granteth him an annuitie or leaseth land vnto him by deede for yeeres or for life and such like Manutenentia is the writ vsed in case of maintenance Register originall fol. 182. 189. See Maintenance Marches Marchia be the bounds and limits betweene vs and Wales or betweene vs and Scotland anno 24. Henry 8. cap. 9. Camd. pag. 453. 606. and the marches of Scotlād are deuided into west and midle marches anno 4. H. 5. ca. 7. anno 22. Ed. 4. cap. 8. It seemeth to bee borowed from the German March i. limes Camd. Britan. pag. 27. or it may be from the French Marque i. signum being the notorious distinction of two diuers countries or territories It is vsed in the statute anno 24. Hen. 8. ca. 12. generally for the precincts of the Kings dominions Marchers be the noble men
exception alledging that he was not tenent the day whereon the writ was purchased Non-tenure generall is then by likelyhood where one denyeth himselfe euer to haue bene tenent to the land in question Non sum informatus See Informatus non sum Non sane memorie Non sane memoriae is an exception taken to any act declared by the plaintife or demaundant to be done by another wherupon he groundeth his plaint or demaund And the contents of this exceptioÌ„ be that the party that did that act being himselfe or any other was not well in his wits or madde when he did it See the new booke of Entries titulo Non sane memory and Dum non fuit compos mentis See also supra Non compos mentis Non terme non terminus is the time of vacation between Terme and Terme It was wont to bee called the times or dayes of the kings peace Lamb. Archaiono fol 126. and what these were in the time of King Edward the Confessour see there This time was called Iusticium or Feriae among the Romanes or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotus iure dicendo vacabat Earum autem aliae solennes erant aliae repentinae Brisson de verb. signif lib. 6. vide Wesenbec paratit De Ferits num 6. Note of a fine nota finis is a briefe of a fine made by the Chirographer before it be engrossed The forme whereof see in West part 2. symbol titulo Fines sect 117. Novell assignement noua assignatio is an assignement of time or place or such like otherwise then as before it was assigned In Brocke you may find these wordes in effect titulo Deputie num 12. See novell assignement of trespasse in a new place after Barre pleaded Broke titulo Trespasse 122. and novel assignement in a writ de eâ—ectione custodiae titulo Eiectione custodiae num 7. See Assignement Nude mater See Mater Nunne Nonna is the French word nonnain or nonne something altered which signifieth a holy or consecrated virgin or a woman that hath by vowe bound her selfe to a single and chast life in some place and company of other women separated from the world and addicted to an especiall seruice of God by prayer fasting and such like holy exercises If we wold know whence this word came into Fraunce S. Hierome maketh it an Egyptian word as Hospinian recordeth of him in his booke De origine progressumonachatus fol. 3. Nuper obtit is a writ that lyeth for a coheire being deforced by her coheire of lands or tenements whereof the graundfather father vncle or brother to them both or any other their common auncesters dyed seised of an estate in fee simple See the forme of the writ origin Regist fol. 226. c. Fitz. nat br fol. 197. If the auncestour dyed seised in fee tayle then the coheire deforced shall haue a Formdon Idem ibid. Nusance nocumentum commeth of the French nuire i. nocere It signifieth in our common lawe not onely a thing done whereby another man is annoyed in his free lands or tenements but especially the Assise or writ lying for the same Fitz. nat br fol. 183. And this writ de Nocumento or of Nusance is either simply De nocumento or de paruo nocumento and then it is Vicountiel old nat br f. 108. 109. Fitzh nat br vbi supra fol. 184. Britton calleth it Nosance whome also reade ca. 61. 62. M. Manwood parte 2 of his forest lawes ca. 17. maketh three sorts of Nusance in the forest the first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale which reade with the rest of that whole chapter See the Register originall fol. 197. 199. Nutmegs nux myristica vel nux muscata is a spice well knowne to all It groweth of a tree like a peach tree and is inclosed in two huskes whereof the inner huske is that spice which we call mace Of this who will may reade more in Gerards herball lib. 3. ca. 145. It is mentioned among spices that are to be garbled anno 1. Iaco. ca. 19. O OBedientiae was a rent as appeareth by Roger Hoveden parte poster suorum annalium fol. 430. in these words vt ergo eis sc regularibus adimatur oportunitas evagandi prohibe 〈…〉 ne reditus quos obedientias vocant ad firmam teneant c. Obedientia in the canon lawe is vsed for an office or the administration of an office ca. cùm ad monasterium 6. extra de statu monacho cano regula And therevpon the word obedientiales is vsed in the provinciall constitutions for those which haue the execution of any office vnder their superiors cap. pri de statu regula For thus saith Lyndwood in his glosse vpon that word Hii sunt qui sub obedientia suorum praelatorum sunt habent certa officia administranda interiùs vel exterius It may be that some of these offices called obedientiâ— consisted in the collection of rents or pensions and that therefore those rents were by a metonymie called obedientiae quia colligebantur ab obedientialibus Oblations oblationes are thus defined in the canon lawe Oblationes dicuntur quaecunque a piâ—s fidelibusque Christianis offeruntur Deo ecclesiae siue res soli siue mobiles sint Nec refert an legentur testamento an aliter donentur cap. clerici 13. quaest 2. Reade more of these in Duarenus De sacr eccl minister ac benefi cap. tertio Obligation Obligatio and Bill be all one sauing that when it is in English it is commonly called a Bill and when it is in Latine an Obligation West parte 1. symbol lib. 2. sect 146. True it is that a Bill is obligatorie but we commonly call that an obligation which hath a condition annexed The former author in the same place saith thus farder An obligation is a deede whereby the obligour doth knowledge himselfe to owe vnto the Obligee a certaine summe of money or other thing In which besides the parties names are to be considered the thing due and the time place and maner of payment or deliuerie Obligations be either by mater in deede or of record An obligation by mater in deede is euery obligation not acknowledged made in some court of record Hitherto M. West Occupauit is a writ that lieth for him which is eiected out of his land or tenement in time of warre as a writ of Novel disseisin lieth for one eiected in time of peace Ingham § Bref de novel disseisin Octo tales See Tales See Brooke tit Octo tales Odio atia anno 3. Ed. 1. ca. 11 is a writ sent to the vndershyreeue to inquire whither a man being committed to prison vpon suspition of murder be committed vpon malice or euill will or vpon iust suspition Register originall fol. 133. b. See Bracton li. 3. parte 2. ca. 20. Office Officium doth signifie not onely that function by
vertue whereof a man hath some imploiment in the affaires of another as of the King or other common person but also an Inquisition made to the Kings vse of any thing by vertue of his office who inquireth And therefore wee oftentimes reade of an office found which is nothing but such a thing found by Inquisition made ex officio In this signification it is vsed anno 33. H. 8. cap. 20. and in Stawnfords praerog fol. 60. 61. where to trauers an office is to trauers the inquisition taken of office And in Kitchin fol. 177. to returne an office is to returne that which is found by vertue of the office see also the newe booke of Entries verbo Office pur le Roy. And this is by a metonymie of the effect And there be two sorts of offices in this signification issuing out the exchequer by commission viz. an office to intitle the King in the thing inquired of and an office of instruction which reade in Sir Edw. Cokes reports vol. 6. Pages case fol. 52. a. b. Office in fee is that which a man hath to himselfe and his heires anno 13. Ed. 1. ca. 25. Kitchin fol. 152. See Clerk Official officialis is a word very diversly vsed For by sundry Ciuilians of other countries that write in these daies it appeareth to be applyed in many places to such as haue the sway of temporall iustice Aegidius Bossius in pract crim tit De officialibus corruptis c. But by the auncienter ciuile lawe it signifieth him that is the minister or appparitor of a magistrate or Iudge l. 1. § si quis vltro Π. de quaestio Co. de filiis officialium c. li. 12. In the Canon lawe it is especially taken for him to whome any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in euery Dioces is officialis principalis whome the statutes and lawes of this Kingdome call chanceler anno 32. H. 8. cap. 15. The rest if there be more are by the canō law called officiales foranei glos in clem 2. de Rescriptis but with vs termed Cōmissaries Commissarii as in the statute of H. 8. or some times Commissarii foranei The difference of these 2. powers you may reade in Lyndwood titulo de sequestra posses ca. 1. verbo Officialis But this word officiall in our statutes and common lawe signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute aboue mentioned and many other places Officiariis non faciendis vel amovendis is a writ directed to the magistrates of a corporatiō willing them not to make such a man an officer and to put him out of the office he hath vntill enquirie be made of his maners according to an inquisition formerly ordeined Register originall fol. 126. b. Onerando pro rata portionis is a writ that lieth for a ioint tenent or tenent in common that is distreined for more rent then the proportion of his land cōmeth vnto Reg orig f. 182. a. Open Lawe Lex manifesta Lex apparens is making of Lawe which by Magna charta ca. 28. Bayliffes may not put men vnto vpon their owne bare assertions except they haue witnesses to proue their imputation Orchel anno 1. R. 3. ca. 8 Orchall anno 24. H. 8. ca. 2. anno 3. 4. Ed. 6. ca. 2. seemeth to be all one with cork Ordinance of the forest Ordinatio Forestae is a statute made touching forest causes in the 34. yeare of Edward 1. See Assise Ordinarie Ordinarius though in the ciuil lawe whence the word is taken it doth signifie any iudge that hath authoritie to take knowledge of causes in his owne right as he is a magistrate and not by deputation yet in our common lawe it is most commonly and for ought I remember alway taken for him that hath ordinarie Iurisdiction in causes ecclesiasticall See Brooke hoc titulo Lindwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo aliis superioribus qui soli sunt vniuersales in suis iurisdictionibus sed sunt sub eo alii ordinarii hii viz. quibus competit Iurisdictio ordinaria de iure privilegio vel consuetudine c. v. c. Ordinatione contra seruientes is a writ that lieth against a servant for leauing his master against the statute Register originall fol. 189. Ordael Ordalium is a Saxon word signifiing as much as Iudgement in some mens opinions compounded of two Saxon words or a priuatiue as α in greeke and dael i. pars It signifieth as much as expers but it is artificially vsed for a kind of purgation practized in auncient times whereby the party purged was iudged expers criminis called in the canon lawe purgatio vulgaris and vtterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were vsed in it Of this you may likewise read Holinshed in his description of Britanie fol. 98. and also M. Manwood parte pri of his forest lawes pag. 15. But of all the rest Hotoman especially disput de feud ca. 41. where of fiue kinde of proofes which he calleth feudales probationes he maketh this the fourth calling it explorationem huius furiosae probationis 6. genera fuisse animadvertit per flammam per aquam per ferrum candens per aquam vel gelidam vel feruentem per sortes per corpus Domini of all which he alledgeth seuerall examples out of historie very worthie the reading See M. Skene also de verbor significatione verbo Machamiū This seemeth to haue bene in vse here with vs in Henry the seconds dayes as appeareth by Glanvile lib. 14. cap. 1. 2. Reade also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seqq Orfgild aliâs Cheapegild is a restitution made by the Hundred or Countie of any wrong done by one that was in plegio Lamberd Archaion pag. 125. 126. Orgeis anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now adaies called Organ ling. Oredelfe is a liberty whereby a man claimeth the Ore found in his soyle New exposition of Termes Ortelli is a word vsed in the booke termed pupilla oculi in the chapter containing the charter of the Forest parte 5. cap. 22. and signifieth the clawes of a dogges foote being taken from the French orteils des pieds i. digiti pedum the toes Osmonds anno 32. Henr. 8. cap. 14. Oath of the King Iuramentum Regis is that which the King taketh at his Coronation which in Bracton is set downe in these words Debet Rex in coronatione sua in nomine Iesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse
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
our common lawe plurally those that are empaneled in an Enquest vpon any man for the conuicting and clearing him of any offence for the which he is called in question And the reason thereof is because the course and custome of our nation is to trie euery man in this case by his equals West prim cap. 6. anno 3. Ed. prim So Kitchin vseth it fol. 78. in these wordes Mais si le amerciament soit affirre per pares And this word in this signification is not in vse with vs onely but with other nations also For pares sunt conuasalli quorum sententiá vasallus propter feloniam est condemnatus Barklaius de Regno lib. 4. cap. 2. Et pares sunt qui ab eodem domino feudum tenent lib. prim Feudor cap. 26. But this word is most notoriously vsed for those that be of the Nobilitie of the Realme and Lords of the Parlament and so is it vsed in Stawnf pl. of the Crowne lib. 3. cap. Triall per les Peeres being the first The reason whereof is because though there be a distinction of degrees in our Nobilitie yet in all publike actions they are equall as in their voices in Parlament and in passing vpon the triall of any Noble man c. This appellation seemeth to be borowed from Fraunce and from those twelue Peeres that Charles the Great or Lewis the younger in some mens opinion instituted in that kingdome which be next vnto the King and are of like dignitie among themselues touching their power in publike affaires Of whome you may reade Vincentius Lupanus de magistrat Fraunciae lib 1. cap. Pares Fraunciae So that we though we haue borowed the appellation and applied it with some reason to all that are Lords of the Parlament yet haue wee no sett number of them because the number of our Nobles may be more or lesse as it pleaseth the King Pelota is a word vsed in the booke called pupilla ocult parte 5. cap. 22. signifying the ball of the foot of the French pelote i. pila Peru fort dure See Pain for dure Pelt wooll is the woll pulled off the skinne or pelt of dead sheepe anno 8. H. 6. cap. 22. Penon anno 11. R. 2. cap. prim is a Standard Banner or Ensigne caried in warre It is borowed from Fraunce for pennon in the French language signifieth the same thing See Baneret yea reade this word anno 21. R. 2. cap. 1. Penne See Baye Peper piper is a spice known in a manner to euery childe beeing the fruite of a plant that is betweene a tree and an herbe of whose diuersities and nature you may reade Genards herball lib. 3. cap. â—46 This is set among merchandize that are to be garbled anno 1. Iacob cap. 19. Peper lowse anno 32. H. 8 cap. 14. Per. cui post See Entrie Perambulatione facionda is a writ that is siewed out by two or more Lords of manets lying neere one another and consenting to haue their bounds seuerally knowne It is directed to the Shyreeue commanding him to make perambulation and to set downe their certaine limits betweene them Of this reade more at large in Fitz. nat br fol. 133. See Rationabilibus diuisis See the Regist orig fol. 157. and the new booke of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is vsed with vs for a Rodde or Pole of 16. foote and a halfe in length Where of 40 in length and foure in bredth make an acre of ground Cromptons Iurisd fol. 222. Yet by the custome of the countrie is may be longer as he there saith For in the Forest of Sheerewood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Roode of land where he hath also these wordes in effect Three beere cornes without tayles set together in length make an inch of the which cornes one should be taken of the midde ridge one of the side of the ridge another of the furrow Twelue inches make a foot of measure three foote and an inch make an elne sixe elnes long make one fall which is the common lineall measure and sixe elnes long and sixe broade make a square and superficiall fall of measured land And it is to be vnderstood that one rod one raip one line all fall of measure are all one for each one of them containeth sixe elnes in length Howbeit a rod is a staffe or pole of wood a raipe is made of tow or hempe And so much land as falleth vnder the rod or raipe at once is called a fal of measure or a lineal fall because it is the measure of the line or length onely Like as the superficiall fall is the measure both of length and bredth Item tenne fals in length and foure in bredth make a Roode foure Roodes make an acre c. This is the measure of Scotland where of you may reade more in the same place Perdonatio vtlagariae in the Register iudiciall fol. 28. is the forme of pardon for him that for not comming to the kings court is outlawed and afterward of his owne accord yeldeth himselfe to prison Peremptorie peremptorius commeth of the verb perimere to cut of and ioyned with a substantiue as action or exception signifieth a finall and determinate act without hope of renewing So Fitzh calleth a peremptory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q. R. fol. 108. D. G. and non-suite peremptorie idem eodem fol. 5. N. F. fol. 11. A. peremptory exception Bracton li. 4. ca. 20. Smith de rep Anglorum li. 2. ca. 13. calleth that a peremptory exception which can make the state and issue in a cause Perinde valere is a dispensation graunted to a clerk that being defectiue in his capacity to a benefice or other ecclesiasticall function is de facto admitted vnto it And it hath the appellation of the words which make the faculty as effectuall to the party dispensed with as if he had bene actually capable of the thing for which he is dispensed with at the time of his admissioÌ„ Perkins was a learned Lawyer fellow and bencher of the inner Temple that liued in the daies of Edward the 6. and Queene Mary He writ a booke vpon diuers points of the common law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexae cum ecclesia praebenda is a writ to an Ordinary commaunding him to admit a clerk to a benefice vpon exchaunge made with another Register orig fol. 307. a. Pernour of profits commeth of the French verb prendre i. accipere and signifieth him that taketh as pernour of profits anno 1. H. 7. ca. pri Pernour de profits and cesti quevse is all one Coke li. i. casu Chudley fol. 123. a. See Pernour anno 21. R. 2. ca. 25. Per quae seruitia is a writ iudiciall issuying from the note or fine and
lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries verâ—â— Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere 〈◊〉 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar 〈…〉 Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariuÌ„ Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis 〈◊〉 deferatur quoniam denarius hic Rogis eleemmoz 〈…〉 est Iusticia verò faciat denarium 〈◊〉 dere foriffacturam Episcopiâ— Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paulâ— denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉 ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p 〈…〉 at Lammas yearly See Romes 〈…〉 Petit Cape See Cape Petit Larceny parvum latr 〈…〉 nium See Larcenye Petit treason parua traditio in true French is petit trahizon 〈…〉 proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indiâ—ements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Stawâ—f pl. cor lib. 1. cap. 12. See also Crom 〈…〉 Iustice of peace fol. 2. where he addeth diuers other examp 〈…〉 those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit 〈◊〉 fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp
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
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
releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to FlauÌ„ders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the SerpliaÌ„the Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persolâ—antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth
of common-plees where the common lawe of England is most strictly obserued These are made by the Kings mandat or writ directed vnto them commaunding them vpon a great penaltie to take vpon them that degree by a day certaine therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to pleade for him in all his causes as namely in causes of treason pl. cor lib. 3. cap. prim And of these there may be more if it so please the King This is called in other Kingdomes Aduocatus Regius Cassan de consuet Burgund pag. 850. With what solemnitie these Sergeants be created reade Fortescue cap. 50. This word Sergeant seemeth to be vsed in Brition for an Officer belonging to the Countie who in his first chapter speaking of Appeales made before the Corones hath these words in effect And then let the Coroner cause his appeale to be entred and the names of his sureties And afterward let commaundement be giuen to the Sergeant of the countrie where the felonie was committed that he haue the bodie of the persons appealed at the next Countie And it is probable that this officer was all one with him whom Bracton in his fifth booke cap. 4. num 2. calleth Seruientem Hundredi of whome he hath these words Post probationem defaltae faciet seruiens Hundreds incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in auncient time was called the Bayliffe of the Hundred who as is declared in Baylife had the like authoritie in his Hundred that the shyreeue had in the Countie though inferiour to him and to be controlled by him as appeareth by diuers auncient presidents set downe by Kitchin in his tractat of Returns in Court Hundred Court Baron c. I read also in Bracton lib. 3. tractat 2. ca. 28. Of the Kings Sergeant who is like to be also an officer in the County in these words speaking of a woman ranished and what shee ought to doe for the persuite of the Rauisher sic ire debet ad praepositum Hundredi ad seruientem Domini Regis ad coronatores ad vice-comitē ad primū comitatū faciat appellū suum And againe eod li c 32. in these words si sine secta cognouerit se inde esse latronem coram vicecomite vel coronatore vel seruiente Domini Regis c. And againe lib. 5. tractat 3. cap. 4. nu 8. in these words Quid si seruiens Domini Rogis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this terme was generall to the Shyreeue Coroner and Bayliffes of Counties who in his sixth booke cap 3. § 1. hath these worde Cum quis igitur senserit dominum suum vel curiam suam sibi de recto defecisse tunc ostenso hoc vicecomiti statim praecipiat balliuo Hundredi vel itineranti vel alteri seruienti Regis quòd assumptis sibi liberis legalibus hominibus de vicineto illo ad curiam illius domini si quem habuerit accedat c. And to helpe this probability I finde that the steward of a maner is termed seruiens manerii Coke Vol 4. Copyhould cases fo 21. a. Then is there a Sergeant at armes seruiens ad arma whose office is to attend the person of the King anno 7. H. 7. ca. 3. to arrest traitours or men of worth or reckoning that doe or are like to contemne messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in Iudgement vpon any Traytour and such like pl cor lib. 3. cap. pri Of these by the statute anno 13. R. 2. cap. 6. there may not be aboue thirtie in the Realme This sort is called del espee In the custumary of Nor. ca. 5. which read There be also some two of these Sergeants of the Parlament one for the vpper another for the lower house whose office seemeth to serue for the keeping of the doores and the execution of such commaundements especially touching the apprehension of any offender as either house shall thinke good to inioyne them See Cromptons Iurisdictions fol. nono See also Vowels aliâs Hookers booke of the order of the Parl. There is one of these that belongeth to the Chauncery who is also called a Sergeant of the Mace as the rest may be because they cary Maces by there office He of the Chauncery attendeth the Lord Chaunceler or Keeper in that court for the meanes to call all men into that court is either by this officer or by sub poena West pa. 2. sym tit Chauncery Sect. 17. Then be there sergeants that be the chiefe officers in their seuerall functions within the kings houshould which be chiefe in their places of which sort you may read many named in the statute anno 33. H. 8. ca. 12. There is also a more base kinde of sergeant of the Mace whereof there is a troupe in the City of London and other townes corporate that serue the Maior or other head officer both for mesniall attendance and mater of Iustice Kitchin fol. 143. And these are called Seruientes ad clauā New book of Entries ver scire facias in Mainperners f. 538. c. 3. Sergeantie Seriantia commeth of the French Sergeant i. satelles fignifieth in our cōmō law a seruice due to the King frō his tenēt holding by such seruice For this seruice cannot be due to any L. from his Tenēt but to the King onely And this is either grand or petit as you shall find at large set downe in Chivalrie Of this also you may read Bra l. 2. c. 16. c. 37. n. 5. 4. Brit. c. 66. n. 1. 2. See Seruice M. Skene de ver signifi calleth this Sergeanterie defining and diuiding it as we doe in England Servientibus are certaine writs touching seruants and their Masters violating the statutes made against their abuses which see in the Regist orig fol. 189. 190. 191. Service seruitium though it haue a generall signification of dutie toward them vnto whome we owe the performance of any corporall labour or function yet more especially in our common lawe it is vsed for that seruice which the tenent by reason of his see oweth vnto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Seruitium est munus obsequii clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. § 8. It is sometime called seruage as anno i. R. 2. cap. 6. This seruice is either militarie and noble commonly called Knights seruice or clownishe base commonly called socage of both which reade Chiualry as also socage and Bracton lib. 2. cap. 16.
Seruice is divided by Britton into personall and reall cap. 66. where he maketh wards mariags homage Releifs and such like to be reall seruices personall I imagine may those be called that are to be performed by the person of the Tenent as to follow his Lord into warre c. The Ciuilians diuide munera in this sort either in personalia or patrimonalia Then Bracton vbi supra num 7. distributeth seruitium in intrinsecum extrin secum aliás forinsecum medium Seruitium intrinsecū is that which is due to the capitall Lord of the maner Forinsecum is that which is due to the King and not to the capitall Lord but when he goeth in his owne person to serue or when he hath satisfied the king for all seruices whatsoeuer And againe in the same place he saith it is called Fornisecum quia fit capitur foris sive extra seruitium quod fit Domino capitali see Forein seruice Of this reade him vbi supra more at large and Fleta lib. 2. ca. 14. § Continetur Seruitia quae nec intrinseca nec forinseca sunt Bract. handleth in the same chap. n. 8. saying thus sunt etiam quaedam consuetudines quae nec dicuntur intrinsecae nec forinsecae sed sunt quaedam seruitia concomitantia sicut seruitia regalia militaria etiam homagia ideo in chartis non sunt exprimenda Quia si homagium praecesserit regale seruitium sequitur exinde quòd ad capitalem Dominum pertinebit Releuium custodia maritagium siue seruitium sit militare vel seriantia propter exercitum c. Here then Reliefe Ward and Mariage be those seruices which he calleth nec intrinseca nec forinseca sed concomitantia Seruice is also divided into frank seruice and base or villenous seruice the one Bracton calleth liberum seruitium the other seruitium villanum or villenagium lib. 2. cap. 8. nu pri This villenagium is Socage in base tenure as to dung the Lords ground to serue him so many daies in haruest to plash his hedges c. or els copy hould All other seruices seeme to be frank Seruice consisteth some in seisance some in render Perkins Reseruations 696. Seruice seemeth also to be diuided into continuall otherwise annuall and casuall or accidentall An example of the former is the seisin of rent and of the other seisin of reliefe Sir Ed. Cookes reports lib. 4. Bevils case fol. 9. a. See Copy hould See Socage see Ayde Seruice secular anno 1. Ed. 4 ca. 1. which may be contrary to spirituall viz. the seruice diuine commaunded to spirituall men by their founders Servitours of bils seeme to be such seruāts or messengers of the marishall belonging to the kings bench as were sent abroad with bils or writs to summon men to that court being now more ordinarily called Tip. stafs Servitiis acquietandis is a writ Iudiciall that lieth for one distreined for seruices by Iohn which oweth and performeth to Robert for the acquitall of such seruices Register Iudicial fol. 27. a. 36. b. Sessions Sessiones signifieth in our common lawe a sitting of Iustices in court vpon their commission as the sessions of oyer and terminer pl. cor fol. 67. Quarter sessions otherwise called generall sessions anno 5. Elizab. cap. 4. or open sessions ibidem Opposite wherevnto are especiall otherwise called priuie sessions which are procured vpon some speciall occasion for the more speedie expedition of Iustice in some cause Cromptons Iustice of peace fol. 110. what things be inquirable in generall sessions see Cromptons Iustice of peace fol. 109. Petit sessions or statute sessions are kept by the high Constable of euery Hundred for the placing of seruants anno 5. Eli. cap. quart in fine Sessour anno 25. Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of wages at this day Set clothes anno 27. Henric. 8. cap. 13. Setwell Valeriana is a medicinal herb the nature and diuers kinds whereof you haue in Gerards herball lib. 2. cap. 424. The roote of this is mentioned among drugs to be garbled anno 1. Ia. cap. 19. Seuerance is the singling of two or more that ioyne in one writ or are ioyned in one writ For example if two ioyne in a writ de libertate probanda and the one afterward be non-suite here seuerance is permitted so that notwithstanding the non-suite of the one the other may seuerally proceede Fitzh nat br fol. 78. I. K. Of this see Brooke titulo severance summons fol. 238. For it is harder to knowe in what cases seuerāce is permitted then what it is There is also seuerāce of the tenents in an Assise when as one or two or more disseisours appeareth vpon the writ and not the other New booke of Entries fo 81. col 4. seuerance in attaints eod fol. 95. col 2. And seuerance in debt verbo debt fol. 220. col 1. see the saide booke verbo Seuerance Severall taile tallium separatum is that whereby land is giuen and entayled seuerally to two For example land is giuen to two men and their wiues and to the heires of their bodies begotten the Donees haue ioynt estate for their two liues and yet they haue seuerall inheritance because the issue of the one shall haue his moyety and the issue of the other the other moyetie Kitchin ibidem Severall tenancie tenura separalis is a plee or exception taken to a writ that is laide against two as ioynt which are seuerall Brooke titulo Severall tenancie fol. 237. Sewantly wouen an 35. El. c. 10. Sewar hath two significations with vs one applied to him that issueth or commeth in before the meate of the King or other great personage and placeth it vpon the table the other to such passages or gutters as carie water into the sea or riuer in lawyers Latine called Sewera an 6. H. 6. c. 5. which is also vsed in common speach for commissioners authorised vnder the broad seale to see draines and ditches well kept and maintained in the marish and fenne countries for the better conueyance of the water into the sea and the preseruing of the grasse for feede of catell stat anno 6. H. 6. cap. 5. It is probable to bring this word from the French issir or issue as if we should call them Issuers because they giue issue or passage to the water c. And the latine word suera sometime vsed in these commissions for these draines is a competent reason of this coniecture see Eitzh nat br in oyer and terminer Yet I finde in an old French booke conteining the officers of the King of Englands court as it was aunciently gouerned that he whom in court we now call Sewer was called Asseour which may seeme to come from the French Asseour wherein his office in setting downe the meat vpon the table is well expressed And Sewer as it signifieth an officer is by Fleta latined Assessor li. 2. ca. 15. All which argueth that the descent of
businesse See Association And Fitz. nat br fol. 185. 111. C. and Register origin fol. 202. 206. 124. Si recognoscant is a writ that lyeth for a Creditour against his depter for money numbred that hath before the shyreeue in the Countie court acknowledged himselfe to owe vnto his creditor such a summe receiued of him in numeratis pecunits The forme of the writ is this Rex Vicecomiti salutem Praec tibi quod si A. recognoscat se debere R. 40. solid fine vlteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old nat br fol. 68. Skawe anno 4. Ed. 4. cap. 1. Skyvinage anno 27. H. 6. cap. 2. a proper name signifying the precincts of Caleis Sluse exclusa is a frame to keepe or let water out of a grounde Soc Soca is a word signifiing a power or libertie of Iurisdiction as appeareth by these words out of Bracton Sunt quidam Barones alii libertatem habentes sc soc sac Tol Thean Infangthefe Vtfangthefe isti possunt iudicare in Curia sua eum qui inuentus fuerit iufra libertatem suam seisitus de aliquo latrocinio manifesto li. 3. tractat 2. cap. 8. In the lawes of King Edward set out by M. Lamberd fol. 132. you haue these words Socha est quod si aliquis quarit aliquid in terra sua etiam furtum sua est Iusticia si inuentum fuerit an non Saxon in the description of Britany cap. 11. saith that Sock is a suite of Court and that thereof commeth Soken But the signification of the word as I haue bene credibly informed is as much as Inquisitio which we in moderne English terme seeking Of this Sok Skene de verborum signifie speaketh to this effect Sok is an ould word vsed in Charters and feofments which in sundry old bookes conteining the municipiall law of this Realme is called Secta de hominibus suis in curia secundum consuetudinem Regni So after my opinion he that is infeoffed with Sck. which now we call Soit but we in England Suite hath power to hould courts within his owne Baronie in which homines sui should giue Soyt Thus farre M. Skene Of this Fleta hath these words In huiusmodi verò maneriis speaking of the Kings maners erant olim liberi homines liberè tenentes quorum quidam cum per potentiores è tenementis suis eiecti fuerant eadem postmodum in villenagium tenenda resumpserūt quia huiusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies ne sectas facerent ad comitatus vel hundredōs vel ad aliquas inquisitiones assisas vel iuratas nisi in manerio tantùm dum tamen pro terra quorum congregationem tunc socam appellarunt hinc est quòd Socmanni hodie dicuntur esse A soco enim deriuantur quorum tonementa sunt villenagium domini privilegiatum ideo dicuntur glebae ascriptitii eo quòd ab huiusmodi glebis amoueri non deberent quam diu soluerent debitas pensiones nec compelli poterunt ad buiusmodi tenementa tenenda contra suas voluntates eo quòd corpora sua sunt libera Nec obstabit longa seruitutis possessio ad libertatē extinguendam quamuis ad merchetum sanguinis sui compulsus fuerit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinē in seruitute reducere non magis quam liberum tenementum potest servum in libertatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kinde of tenents in any place within the maner or libertie wherefore he that hath soc may seeme to haue such a maner such tenents and such a libertie belonging to his maner and tenents as is here described Here you see diuersities of opinions touching this word one saying that it is a power or libertie to seeke after theeues stollen goods within a maner or fee and to doe iustice vpon such inquisition others that it is a libertie onely to haue suiters to his court other as Fleta that it conteineth both the former significations and furder that it is taken for the company of tenents which liue within such a liberty and are exempled from those common seruices of the Prince and country wherunto subiects are ordinarily tied This kinde of liberty is in diuers places at this day in England and commonly knowne by the name of soke or soken See Soke and Sockmans Soccage soccagium commeth of the French Soc. i. vomer a plowshare or coulter It signifieth in our common lawe a tenure of lands by or for certaine inferiour or husbandly seruices to be performed to the Lord of the fee. See Instituts of common lawe 31. As I haue shewed in Chivalrie all seruices due for land is either knights seruice or socage So then whatsoeuer is not knights seruice is soceage Bracton in his 2. booke cap. 35. num primo describeth it thus Dici poterit soccagium à Socco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quòd deputati sunt vt videtur tantummodo ad cultur am quorum custodia maritagia ad propinquiores parentes iure san guinis pertinebit Et si aliquando inde de facto capiatur homagium quòd pluries contingit non tamen habebit propter hoc Dominus capitalis custodiam maritagium Quia non semper sequitur homagium licet aliquando sequatur M. Skene de verborum significatione verb. Sockmanria saith that Sockage is a kinde of holding of lands when a man is infeoffed freely without any seruice ward reliefe or mariage and paieth to his Lord such dutie as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenche ferme siue nomine albae firmae opponitur militi qui tenet per seruitium militare Out of the place aboue named in Bracton you may finde a diuision of Soccage wherby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est vbi fit seruitium in denariis Dominis capitalibus nihil inde omnino datur ad scutum seruitium Regis Where I gather that to be free soccage which paieth a certaine summe of money to the chiefe Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nu 9. c. vnde si tantum in denariis sine scut agio vel seriantiis vel si ad duo teneatur sub disiunctione sc ad certam rem dandam pro omni seruitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
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
Idem eodem Tenent vpon sufferance Idem fol. 165. Tenent of state of inheritance Stawnf praerog fol. 6. Sometime they containe a relation toward the Lord of whom he houldeth as Tenent in cheife i. he that houldeth of the King in the right of his crowne Fitz. nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honour eodem Very tenent i. he that houldeth immediately of his Lord. Kitchin fol. 99. For if there be Lord Mesn and Tenent the Tenent is very Tenent to the mesn but not to the Lord aboue Tenent parauaile pl. cor fo 197. Fitzh nat br fol. 136. D. is the lowest tenent and fardest distant from the Lord Paramont It seemeth to be tenent per auaile See Diers commentaries fol. 25. nu 156. Noe tenent in right to the Lord but Tenent as for the avowrie to be made Litleton fol. 96. Sometime they haue a relation betweene Tenents and Tenents in seuerall kindes as ioynt tenents i. they that haue equall right in lands and tenements and all by vertue of one title Litleton li. 3. ca. 3. Tenents in common be they that haue equall right but hold by diuers titles as one or more by gift or descent and others by purchase Idem eod cap. 4. Particular tenent Stawnf praerog fol. 13. that is he which holdeth onely for his terme as tenent in dower tenent by the courtesie or otherwise for life West parte 2. symbol titulo Fines sect 13. G. See anno 32. H. 8. ca. 31. and Cooke in Sir William Pellams case lib. 5. fol. 15. a. they be termours for yeares or life See Plowden casu Colthirst fol. 23. b. Sole tenent Kitchin 134. i. he that hath none other ioyned with him If a man and his wife hold for both their liues and the man dyeth he dieth not sole tenent Idem eodem Seuerall tenent is opposite to ioynt tenents or tenents in common See Seuerall tenencie Tenent al praecipe is he against whom the writ Fraecipe is to be brought Cookes Reports lib. 3. the case of fines fol. 88. a. Tenent in demesn anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice Tenent in feruice an 20. Ed. 1. stat pri is he that holdeth by seruice v. Britton cap. 79. in principie ca. 96. Car fealte c. vel quaere whether he may be termed tenent in demesne that holdeth some of the Demeanes howsoeuer and he tenent in seruice which is a freehoulder to a maner houlding by seruice for the free houlds of a manner are not accounted of the demesne but onely that which the Lord keepeth in his owne hand or letteth out by copie according to the custome of the maner Tenent by execution an 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute recognisance c. Tendeheved decanus vel caput decem familiarum of this see Roger Hoveden parte poster suorum annalium fol. 346. a. See Frank pledge Tenement Tenementum is diuersly vsed in the common lawe Most properly it signifieth a house or home stall but in a larger signification it is taken for either house or land that a man holdeth of another And ioyned with the adiectiue Frank in our lawyers French it conteineth generally lands or houses yea or offices wherein we haue estate for terme of life or in fee. And in this signification Kitchin fol. 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton vse it through his whole 27. chapter as also Bracton doeth the latine liberum tenentum lib. pri cap. 5. 6. and many other places Tenentibus in assisa non onerandis c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour haue wherewith to satisfie them him selfe Register orig fol. 214. b. Tenths Decimae is that yearely portion or tribute which all liuings ecclesiasticall doe yeeld to the king For though the Bishop of Rome doe originally pretend right vnto this revenewe by example of the high preist among the Iewes who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem yet Iread in our Chronicles that these were often graunted to the King by the Pope vpon diuers occasions sometime for one yeare sometime for more vntill by the statute anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown See Disms It signifieth also a taske leuied of the temporalty Holinshed H. 2. f. 111. Tenore indictamenti mittendo is a writ whereby the Record of an indictment and the proces thereupon is called out of another court into the chauncerie Register orig fol. 169. a. Tenure Tenura commeth of the Norman Teneure as appeareth by the Grand Custumarie cap. 28. where it is defined to this effect Tenure is the maner whereby tenements are houlden of their Lords What may make a tenure and what not see Perkins Reseruations 70. And in that chapter shall you finde the most of those tenures recited that be now vsually in England In Scotland I finde that there be foure maner of tenures which they call halding of land the first is pura eleemozina which is proper to spirituall men paying nothing for it but deuot a animarum suffragia the second they call Few or few ferme which houldeth of the King Church Barons or others paying a certaine duty called Feudi firma The third is a hould in Blench as they terme it by payment of a peny rose paire of guilt spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by seruice of ward and relieue where the heire being minor is in the gard or custody of his Lord togither with his lands c. And land houlden in this fourth maner is called there feudum de Hauberk or Haubert or feudum militare or feudum Hauberticum or feudum loricatum because it is giuen vpon condition that the vassall possessor therof shall come to the host with a lack or Haubert which is a coate of maile M. Skene de verb significa verbo Haubert Tenure in grosse is the Tenure in Capite For the Crowne is called a Seignory in grosse because it consisteth as a corporation of and by it selfe not tyed to any honour or maner See Cromptons Iurisd fol 206. See the new booke of Entries verbo Tenure Term Terminus signifieth with vs commonly the bounds and limitation of time as a lease for terme of life or terme of yeares Bracton lib. 2. cap. 6. nu 4. But most notoriously it is vsed for that time wherein the Tribunals or places of Iudgement are open to all that list to complaime of wrong or to seeke their right by course of law or
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
as well the inquest that indicteth a man as the enquest vpon the arraignment that attainteth or acquiteth him For these two make but one entire triall that euery man is to haue when he is impeached of treason But others haue answered to this that triall in common speech is the triall that a man is to haue after he is indicted and not before For in lawe the inditement is nought but the accusation against him which he is to make answer vnto and that being tried it either attainteth or acquiteth him So that the triall is the issue which is tried vpon the Inditement not the Inditement it selfe For that is no part of the thing which trieth but the thing which is tried and the offence And so is this word Triall vnderstood in the statute anno 33. H. 8. cap. 23. where it saith thus must be indighted within the shires or places where they committed their offences and also tried by the Inhabitants or feeeholders So he putteth a differen ce betwene Inditement and Triall as he doth also afterward in these words There to be indited and tried of their offences c. Thus far Stawnf Sir Tho. Smith de Rep. Anglo li 2. ca 5. saieth that by order and vsage of England there are three trialls that is 3. waies and maners whereby absolute and definite Iudgement is giuen by Parlament which is the highest and most absolute by battell and great Assise which he seuerally describeth in 3. chapters folowing though not so fully as the thing requireth But of the great Assise he speaketh at large in the 23. chapter of the same booke And of these trials see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he deuideth the great Assise into two sorts one proper to Baroâ— of the Parlament which is by 20. or 18. of their Peeres the other common to others of lower condition which is by 12. men that be neighbours to the place where the offence was committed And of those you may read him at large in the saide chapters there following See Twelue men See the new booke of Entrise verbo Triall Trihing Trihinga vel Trithinga seemeth by a place in Edward the confessours lawes set out by M. Lamberd nu 34. to be the third part of a shire or prouince otherwise called Leth which we now call Leete The same lawe doth M. Camden also mention pag. 102. 103. This court is ahoue a court Baron and inferiour to the Shire or countie This word is also vsed in the sentence of excommunication vpon the great Charter and charter of the Forest denounced in the daies of Edward the first as it is latined in the booke called pupilla oculi parte 5. cap. 22. A. I. in these words Visus autem de franco plegio sic fiat sc quòd pax nostra teneatur quod Trihing a integra sit sicut esse consueuit c. Of this Fleta lib. 2. cap. 61. § final writeth thus Sciendum est quod alâ—â— potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars prouinciae qni verò super eas dominabantur trithingreves vocabantur quibus deferebantur causa quae non in Wapentakiis poterant definiri in Schiram Sicque quòd vocatur Hundredum iam per variationem locorum idiomatis Wapentakie appellatur tria vel quatuor velplura Hundreda solebant trithinga vocari quod in trithingis non poterant diffiniri in shiram i. in comitatum deferebatur terminanduÌ„ Modernis autem temporibus pro vno eodeÌ„ habentur apud homines Hundreda Wapentakia trithinga Learne whether those diuisions in Yorke-shire called ridings be not quasitrithings Of this Roger Houeden parte post suorum annal fo 346. b. hath the same words in effect Treswell of double soled shooes anno 2. 3. Ed. 6. cap. 9. which as I haue heard should rather be written creswel signifieth the broad edge or verge of the shoe sole round about Trinitie honse is a certaine house at Deptford which belongeth to a companie or corporation of sea-faring men that haue power by the Kings Charter to take knowledge of those that destroy sea markes and to redresse their doings as also to correct the faults of saylers c. and to take care of diuers other things belonging to nauigation and the seas v. anno 8. Elizab. ca. 13. anno 35. eiusdem ca. 6. Trink is a kind of net to fish withall anno 2. H. 6. cap. 15. Triours be such as be chosen by the court to examine whether a challenge made to the panell or any of the panell be iust yea or not Brooke titulo Chalenge f. 122. ould na br f. 158. Tritis aliás Tristis is an immunitie from that attendance in the forest whereby euery man dwelling in the forest is tyed to be readie houlding of a Greyhound when the Lord of the Forest is disposed to chace within his Forest at such place as he shall be appointed or els to be amerced for dis default Manwood parte pri of his forest lawes pag. 86. and Cromptons Iurisdict fol. 192. 197. Tronage Tronagium is a kind of tolle Westm 2. cap. 25. anno 13. Ed. 1. taken as it seemeth for weying For I find in Fleta li. 2. cap. 12. § Item vlnas that trona is a beame to weigh with See Weight Trover commeth of the French Trouver i. Invenire It signifieth in our common lawe an action which a man hath against one that hauing found any of his goods refuseth to deliuer them vpoÌ„ demaund See the new bookof Entries ver Trover Troy weight Pondus Troiae See Weight Tumbrell Tumbrellum is an engine of punishment which ought to be in euery libertie that hath view of frank pledge for the coertion of skowldes and vnquiet women Kitchin fo 13. a. Newe booke of Entries Franchise 2. Quo warranto 〈◊〉 See Cucking stoole Tunne is a measure of oile or wine conteining twelue score and twelue gallons anno 〈◊〉 R. 3. cap. 12. that is 4. hogsheads Tunnage See Tonnage Turbarie Turbaria is an interest to digge turves vpon a common Kitchin fol. 94. old not br fol. 70. It commeth of the rude Latine word Turba which is vsed for a turfe Lynd in provin de deâ—imis cap. finaliâ— Turmerick Turmerica is a certaine roote of an herb growing in Arabia as I haue bene informed very wholsome for diuers diseases in horses and sometime vsed for man also in the case of ieandes It is reckoned among the garbleable drugs anno 1. Iaco. ca. 19. Turne Turnum is the Shyreeues court kept euery yeare twice once after Faster and againe after Micheelmas Magna charta cap. 35. and that within one moneth after each feast anno 3. Ed. 3. c. 15. from this court are exempted onely Archbishops Bishops Abbots Priors Earles Barons all religious men and women and all such as haue Hundreds of their owne to be kept And these are not bound
in the receipt that the Lord Treasurer doth He nominateth the two Praysers of all goods seised as not customed and ordereth whether the partie shall haue them at the price or not He appointeth the Steward Cooke and Butler for the prouision of the Starre-chamber But this Officer in other mens iudgment is farre more auncient then Henry the seuenths dayes yet named Treasurer of the Exchequer in the Statutes vntill Queene Elizabeths time where he is tearmed Vnder-treasurer of England Neuerthelesse anno 35 Eliz. he is also written Treasurer of the Exchequer Read the Statutes anno 18. Ed. 3. stat 2. cap. 17. 27. eiusdem Stat. 2. cap. 18. 1. Rich. 2. cap. 5. 4. Hen. 4. cap. 18. 8. H. 6. cap. 17. 27. H. 8. cap. 11. with diuers other places that seeme to approue this to be true Vnion vnio is a combining or consolidation of two Churches in one which is done by the consent of the Bishop the Patron and the Incumbent And this is properly called an Vnion Howbeit that there be two other sortes as when one Church is made subiect to the other and when one man is made Prelate of both and when a conuentual is made Cathedrall as you may reade in the Glosse of the chapter Licet De locato conducto in Lyndwoods Prouincials § Et quia versu Appropriationis Touching Vnion in the first signification there was a statute an 37. H. 8. cap. 21. that it should be lawfull in two Churches wherof the value of the one is not aboue sixe pounds in the Kings bookes of the first fruites and not aboue one mile distant from the other Vnion in this signification is personall that is for the life of the Incumbent or reall that is perpetuall whosoeuer be Incumbent Vnitie of possession is called consolidatio vsus fructus proprietatis in the Ciuill lawe signifying a ioynt possession of two rights by seuerall titles For example I take a lease of land from one vpon a certaine rent afterward I buy the Fee-simple This is an vnitie of possession wherby the lease is extinguished by reason that I which had before the occupation only for my rent am become Lord of the same and am to pay my rent to none but my selfe Also an Abbot being seated within a certaine parish afterward obtaineth an appropriation of the tythes belonging to that Church for the vse of his house Here is an vnity of possession by reason that the tythes which before were to be paid to the Incumbēt are now to be paid to none but himselfe by vertue of the appropriation Vniversitie Vniuersitas is by the Ciuill lawe any bodie politicke or corporation but in our language it is at the least most ordinarily taken for those two bodies that are the Nourishes of learning and the liberall Sciences Cambridge and Oxford endowed with great fauours and priuiledges for their beter maintenance as appeareth not onely by an 2. 3. Ph. Mar. c. 15. a. 13. El. c. 21. a. 18. eius c. 6. but much more by their seuerall charters graunted vnto them by diuers godly and magnanimous Kings of this land Vnlawfull assembly Illicita congregatio illicita assemblata is the meeting of three or more persons together with force to commit some vnlawfull act and abiding stil not indeuouring the execution thereof as to assault or beate any person to enter into his house or land c. West parte 2. symb titulo Inditements sect 65. M. Lam. in his Eirenarcha cap. 19. saith thus An vnlawfull assembly is the companie of three persons or more gathered together to do such an vnlawfull act although they do it not indeed So saith Kitchin in effect fol. 20. Vnques prist is word for word alwaies readie And it signifieth a Plee whereby a man professeth himselfe alway ready to do or performe that which the Demaundant requireth therby to auoide charges For example a woman sieweth the tenent for her Dower and he cōming in at the first day offereth to auerre that he was alway ready and still is to performe it In this case except the Demaundant will auerre the contrarie he shall recouer no dammages When this Plee will serue to auoide Charges and when not see Kit. fol. 243. See Vncore prist Voydance vacatio is a want of an Incumbent vpon a benefice and this voydance is double either in law as when a man hath more benefices incōpetible or indeed as when the Incumbēt is dead or actually depriued Brooke titulo Quareimpedit n. 51. Voucher Aduocatio is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby New booke of Entries verbo voucher voucher de garantie Brit. ca. 75. in latine Aduocatio ad war antizandum is a petition in court made by the Defendant to haue him called of whom he or his Auncester bought the land or tenement in question and receiued warranty for the secure inioying thereof against all men Britton of this writeth a long chapter vbi supra intituling it Garant voucher But Bracton writeth a large tractate of it lib. 5. tracta 4. per totum Litleton also handleth it not minsingly in the last chapter of all his Tenures Of this you may read Fitzh also in his nat br fol. 134. De warantia chartae All this law seemeth to haue bene brought into England out of Normandy For in the Grand Custumary you haue likewise a chapter intituled vouchement de garant cap. 50. id est vocamentum Garanti where it is set downe what time ought to be giuen for the appearance of the warrant called in this case how many warrants may be vouched one calling in another and diuers other points touching this doctrine All which and many more you may read in Bracton vbi supra A common voucher a double voucher Coke lib. 2. Sir Hughe Cholmleis case fol. 50. b. This is very aunswerable to the contract in the Ciuill lawe whereby the buyer bindeth the seller sometime in the simple value of the thing bought sometime in the double to warrant his secure enioying of the thing bought But this difference I find betweene the Ciuill lawe and ours that whereas the Ciuill lawe bindeth euery man to warrant the securitie of that which hee selleth ours doth not so except it be especially couenanted The party that voucheth in this case is called the Tenent the partie vouched is tearmed the Vouchee The writ whereby he is called is termed Summoneas ad warrantizandum And if the Shyreeue return vpō that writ that the party hath nothing whereby he may be summoned then goeth out another writ viz. Sequntur sub suo periculo See Termes of the lawe verbo Voucher And Lamb. in his Explication of Saxon wordes verbo Advocare See Warrantie I reade in the new booke of Entries of a forain voucher which hath place properly in some Franchise Countie Palatine or other where one voucheth to warrantie one not dwelling within the Franchise fol. 615.
princeps eum advocabit nec tuebitur cum fuerit rite Waiviata sicut fit de masculo qui secundum legem terrae ritè fuerit vtlagatus c. To the same effect writeth Fitz h. in his na br fo 161. viz And because women be not sworne in leetes to the King as men be of the age of 12 yeares or vpward it is said when a woman is outlawed that shee is waiued but not out-lawed for shee was neuer vnder the law nor sworne vnto it More of this you may reade in Bracton lib. 3. tracta 2. cap 12. 13. and then in the 14. how an outlaw is inlawed againe and restored to the Kings peace and protection See also Fleta lib. 1. cap. 28. per totum Virum See Assise Viter Baristers be such as for their longe study and great industry bestowed vpon the knowledge of the common lawe be called out of their contemplation to practise and in the face of the world to take vpon them the protection and defence of clients These are in other countries called Licentiati in iure How be it in modestie they still continue themselues hearers for diuers yeares like the scholers of Pythagoras that for the first fiue yeres neuer aduentured to reason or discourse openly vpon any point of their masters Doctrine which their silence a cohibendo sermone was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas and Zenedorus doe report Vtlepe significat escapium latronum Fleta lib. 1. ca. 47. W VVAge vadiare proceedeth of the French Gager i. dare pignus pignore certare and signifieth in our common lawe the giuing of securitie for the performing of any thing as to wage lawe to wage deliuerance which see before in Gage None wageth lawe against the King Brooke tit Chose in action num 9. The substantiue of this verb is Wager in the latine vadium which some Feudists call wadium as testifieth Hotoman in his Commentaries de verbis feudalibus verbo Wadium See Lawe Wainage Wainagium aliâs Wannagium signifieth as much as peculium servorum of the Saxon word wouen i. habitare woeuing i. habitatio See Gainage Waiue waiuiare Register orig fol. 277. a is to forsake habere pro derelicto as the Ciuilians terme it Waiviare feudum suum Bracton lib. 2. cap. 7. that is to forsake Many of the Kings liege people to be outlawed and many waiued by erroneous proces anno 7. H. 4. ca. 13. See Vtlawrie To waiue the company of theeues Stawnf pl. cor fol. 26. To waiue his benesit Idem fol. 46. to waiue the aduantage Idem praerog fol. 17. Persons attainted or waiued West parte 2. simbol titulo Fines sect 13. D. This word waiued waiuiata properly belongeth to a woman that being siewed in law contemptuously refuseth to appeare as outlawed doth to a man Registerorig fo 132. b. 277. a. The reason whereof see in Fitzh nat br fol. 161. A. See Weif Wales Wallia is a part of England on the west side inhabited by the ofspring of the auncient Britons chased thither by the Saxons being called hether by them to assist them against the might of the Picts The reason of the appellation commeth from the Saxon wealh 1. exterus vel peregrinus for so the Saxons both called them and held them though now to the great quiet of this kingdome they be incorporated vnto vs See M. Lamb explication of Saxon words verbo Wallus Walkers seeme to be those that are otherwise called Foresters Crompton in his Iurisdictions fol. 154. hath these words in effect There be Foresters assigned by the King which be walkers within a certeine space assigned them to looke vnto Waiuiaria mulieris is as much as vtlagatio viri Register originall fol. 132. b. See Waiue Wapentake Wapentakium is all one with that which we call a Hundred as appeareth by Bracton lib. 3. tract 2. ca. pri nu pri in fine Conuocentur saith he postmodum seruientes Baliui Hundredorum per ordinem irrotulentur Hundredarii siue wapentakia nomina seruientium quorum quilibet affidabit quod de quolibet Hundredo eliget quatuor milites qui statim veniant coram Iusticiariis ad faciendum preceptum Domini Regis qui statim iurabunt quòd eligent duodecim milites vel liberos legales homines si milites non inueniantur c. M. Lamberd in his explication of Saxon words verbo Centuria is of the same minde and farder saith that this word is especially vsed at this day in the countries be north the riuer Trent And in the lawes of King Edward set forth by him nu 33. it is most plaine in these words Et quod Angli vocant Hundredum supradicti comitatus vocant wapentakium But there he nameth some shires of this side Trent as Warwick shire Leicester shire and Northhampton-shire In the words there folowing there is a reason giuen of this appellation in these words Et non sine causa Cum quis enim accipiebat praefecturam wapentakii die statuto in loco vbi consueuerant congregari omnes maiores contra eum conueniebant descendente de equo suo omnes assurgebant ei Ipse verò erecta lancea sua ab omnibus secundum morem foedus accipiebat Omnes enim quotquot vtnissent cum lanceis suis ipsius hastam tangebant ita confirmabant per contractum armorum pace palam concessa Anglicè enim arma vocantur waepun taccare confirmare quasi armorum confirmatio Vel vt magis expressè secundum linguam anglicanam dicamus waepentak armorum tactus est waepun enim arma sonant tac tactus est Quamobrèm poterit cognosci quòd hac de causa totus ille conuentus dicitur wapentae eò quòd per tactum armorum suorum ad inuicem confoederati sunt Thus farre the booke goeth word for word With whom Fleta agreeth sauing that Fleta saith that this word is vsed in all counties be north Watlinstreete li. 2. ca. 61. § vniuersimode Take Sir Tho Smithes opinion also whose words in his second booke de Rep Anglo ca 16. be these Wapentak I suppose came of the Danes or peraduenture of the Saxons For that so many townes came by there order then into one place where was taken a mouster of there armour and weapons in which place from them that could not finde sufficient pledges for their good abearing their weapons were taken away The statute anno 3. Henrici 5. ca. 2. anno 9. H. 6. cap. 10. anno 15. H. 6. ca. 7. T. maketh mention of Stainctife Wapentake and Frendles Wapentake in Crauen in the County of Yorke See Roger Houeden parte poster suorum annalium fo 346. b. Wards and Liueries wardi liberaturae is a Court first erected in King Henry the eighth his time and afterward augmented by him with the office of Liueries and therefore called by him as now it is the Court of wards and Liueries The chiefe of this Court is called
to vs reliefe he shall haue inheritance by the old Reliefe that is to say the heire or heires of an Earle for one whole Earldome one hundred pound the heire or heires of a Baron for one whole Baronie one hundred merkes the heire or heires of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall giue lesse according to the old custome of the fees Reade also Glanvile lib. 9. cap. 4. fol. 68. who saith that in his dayes the Reliefe of a Baronie was not certaine The heire in francke soccage when he commeth to his full age after the death of his auncester shall double the rent that he was wont to pay to the Lord and that shall be in place of reliefe old nat br fol. 94. Somewhat more hereof you may reade in anno 28. Ed. prim statut prim and Kitchin fol. 145. ca. Reliefe and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutioest quaedam extrinseca praestatio à consuetudine introducta quae non inest feudo quodque soluitur proconsirmatione seu renouatione investiturae possessionis See Heriot This Leo the Emperour Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the auncienter ciuile lawe it is termed introitus l. penult § Alumno Πde legatis Skene de verb. signif saith that Reliefe is a French word from the Latine relevare which is to releeue or take vp that which is falen For it is giuen by the tenent or vassall being of perfect age after the expiring of the wardeship to his Lord of whome he holds his land by Knights seruice that is by ward and reliefe and by payment thereof he relieues and as it were raiseth vp againe his lands after they were fallen downe into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our common law a power or hope to inioy lands tenements or rents after the estate of another expired For example a man may let land to one for terme of his life and the Remainder to another for terme of his life Litleton cap. Atturnment fol 113. And this Remainder may be either for a certaine terme or in fee simple or fee taile as might be proued by many places in the law writers But in steed of the rest take Brooke titulo Done Remainder fol 245. Glanuile lib. 7. ca. pri in fine hath these words Not andum quod nec Episcopus nec Abbas quiaeorum Baroniae sunt de eleemozina Domini Regis antecessorum eius non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Demini Regis Where it appeareth that Dare ad remanentiam is to giue away for euer To the same effect doth he vse it cap. 9. eiusdem libri in these words speaking of the Lords of mancrs during the minority of their wards Nihil tamen de haereditate de iure alienare possunt ad remanentiam In the like sort doth Bracton vse it lib. 2. cap. 23. in fine and also lib. 4. tracta 2. cap. 4. nu 4. See the new booke of Entries verbo Remainder Remembrancers of the Exchequer Rememoratores be three officers or clerks one called the Kings Remembrancer anno 35. El. cap. 5. The other the Lord Treasurers Remembrancer vpon whose charge it seemeth to lye that they put all Iustices of that court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and delt in for the Princes behoofe The third is called the Remembrancer of the first fruites Of these you may read something anno 5. Rich. 2. stat pri cap. 14. 15. to the effect aboue specified These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance It seemeth that the name of this officer is borowed from the Ciuilians who haue their Memoriales qui sunt notarii Cancellariae in regno subiects officio Questoris Lucas de penna C. lib. 10. tit 12. nu 7. The kings Remembrancer entreth in his office all recognicances taken before the Barons for any the Kings debts for apparences or for obseruing of orders He taketh al bonds for any of the kings debts or for apparance or for obseruing of orders and maketh proces vpon them for the breach of them He writeth proces against the collectors of customes subsidies and fiueteenthes for their accompts All informations vpon penall statutes are entred in his office And all maters vp on English bils in the Exchequer chamber are remaining in his office He maketh the bils of compositions vpon penall lawes taketh the stalments of debts maketh a record of a certificate deliuered vnto him by the clerk of the Starre-chamber of the fines there set and sendeth them to the pipe He hath deliuered vnto his office all maner of indentures fines and other euidences whatsoeuer that concerne the assuring of any lands to the Crowne He yearely in crastino animarum readeth in open court the statute for the elections of Shyreeues and giueth those that chuse them their oath he readeth in open court the oath of all the officers of the court when they are admitted The treasurers remembrancer maketh proces against all Shyreeues escheators receiuers and bayliffs for their accoumpts He maketh proces of fieri facias and extent for any debts due to the King either in the pipe or with the auditors He maketh proces for all such reuenew as is due to the King by reason of his tenures He maketh a record whereby it appeareth whether Shyreeues and other accountants pay their profers dew at Easter and Michelmas He maketh another record whereby it appeareth whether Shyreeues and other accountants keepe their daies of prefixion All extreats of fines issues and amerciaments set in any courts of Westminster or at the assises or sessions are certified into his office and are by him deliuered to the clerk of extreats to write proces vpon them He hath also brought into his office all the accoumpts of customers controllers and other accoumptants to make thereof an entry of record The Remembrancer of the first fruites taketh all compositions for first fruites and tenthes and maketh proces against such as pay not the same Remittere commeth of the French remettre i. restituere reponere and signifieth in our common law a restitution of one that hath two titles to lands or tenements and is seised of them by his later title vnto his title that is more auncient in case where the later is defectiue Fitz. nat br fol. 149. F. Dyer fol. 68. nu 22. This in what case it may be graunted to any man see in Brooke titulo Remitter and the terms of law The Doctor and Student of this mater hath these words if land discend to him that hath right to that land before heshalbe remitted to his beter title if he will capite nono fol. 19. b.