Which maketh me to thinke that it rather coÌ„meth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doomâ— pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens coÌ„meth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus coÌ„meth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see Fâ—â— vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or
beneficiū iusve habere in beneficio aut canonicum titulum censebuur vti nec depositarius in re deposita wherof also Petrus Gregorius de beneficiis ca. 10. nu 13. thus writeth In hac quarta divisione potest adds tertium genus beneficii quod citra praescriptionem qualitatis a persona alterius qualitatis quà m beneficium exigat naturâ possidetur sed sine praeiudicio naturae beneficii per dispensationem eo commendato olim ad tempus certum certae personae hodie vt plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam vt si regulare beneficium á Summo Pontisice conferatur nomine commēdae saeculari Nam ideo non mutatur beneficii natura nec fit ideo saeculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in vtilitatem ecclesiae vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia quae revocari potest quod repugnat naturae beneficii quod est perpetuum In secundo autem casu beneficium censetur in vtilitatem commendatarii commēda facta quam possidere potest quà m diu vixerit c. whome you may also read ca. 2. li. 13. Commissarie cōmissarius is a title of ecclesiasticall iurisdiction appertaining to such a one as exerciseth spirituall iurisdiction at the least so farre as his commission permitteth him in places of the dioces so farre distant from the cheife citie as the chanceler cannot call the subiects to the Bishops principall consistorie without their to great molestation This commissarie is of the canonists termed commissarius or officialis foraneus Lyndwoods provin ca. 1. de accusatio ver bo Mandatum archiepiscopi in glos and is ordeined to this especiall end that he supply the bishops iurisdiction and office in the out places of the dioces or els in such parishes as be peculiars to the bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there be archedeacons that haue iurisdiction within their archdeaconries as in most places they haue there this commissarie is but superfluous and most commonly doth rather vexe and disturb the country for his lucre then of conscience seeke to redresse the liues of offenders And therefore the Bishop taking prestation mony of his archdeacons yearely pro exteriori iurisdictione as it is ordinarily called doeth by superonerating their circuit with a commissarie not onely wrong archdeacons but the poorer sort of subiects much more as common practise daily teacheth to their great woe Cōmission commissio is for the most part in the vnderstanding of the common lawe as much as delegatio with the Civilians See Broke titulo commission and is taken for the warrant or letters patents that all men exercising iurisdiction either ordinarie or extraordinarie haue for their power to heare or determine any cause or action Of these see diuers in the table of the Register originall verbo Commissio yet this word sometime is is extended farder then to maters of iudgement as the commission of purveiours or takers anno 11. H. 4. ca. 28. But with this epitheton high it is most notoriously vsed for the honourable commission court instituted and founded vpon the statute 1. Eliza. ca. 1. for the ordering and reformation of all offences in any thing appertaining to the iurisdiction ecclesiasticall but especially such as are of higher nature or at the least require greater punishment then ordinarie iurisdiction can afford For the world being growne to that loosenes as not to esteeme the censure of excommunicatiō necessitie calleth for those censures of fynes to the prince and imprisonment which doe affect men more neerely Commission of rebellion Commissio rebellionis is otherwise called a writte of rebellion breue rebellionis and it hath vse when a man after proclamation made by the Shyreeue vpon an order of the channcerie or court of Starre chamber vnder penaltie of his allegance to present himselfe to the court by a certaine day appeareth not And this commission is directed by way of commaund to certaine persons to this end that they or three two or one of them doe apprehend or cause to be apprehend the party as a rebell and contemner of the kings lawes wheresoeuer they find him within the kingdome and bring him or cause him to be brought to the courte vpon a day therein assigned The true copie of this commission or writ you haue in Cromptons diuers Iurisdictions Court de Starre chamber as also in West tractat touching proceedings in Chancerie Sectio 24. Commissioner commissionarius is he that hath commission as leters patents or other lawfull warrant to execute any publike office as commissioners of the office of fines and licenses West parte 2. symbol titulo Fines sect 106. commissioners in eyre an 3. Ed. 1. ca. 26. with infinite such like Committee is he to whome the consideration or ordering of any mater is referred either by some court or consent of parties to whome it belongeth As in Parlament a bille being read is either consented vnto and passed or denied or nether of both but referred to the consideration of some certaine men appointed by the house farder to examine it who thereupon are called committees Committee of the King West par 2. symbo titulo Chancerie sect 144. This word seemeth to be something strangely vsed in Kitchin fo 160. where the widow of the kings tenent being dead is called the cōmittee of the king that is one committed by the auncient law of the land to the kings care and protection Common bench bancus communis is vsed some time for the court of common plees anno 2. Ed. 3. ca. 11. So called as M. Camden saith in his Britannia pa. 113. quia communia placita inter subditos ex iure nostro quod communae vocant in hoc disceptantur that is the plees or controuersies tryed betweene common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Iustices in eyre consueverunt Iusticiarii imponere villatis iuratoribus hundredis toti comitatui concelamētum omnes separatim amerciare quod videtur voluntarium cùm de periurio concelamento non fuerint convicti sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione li. 1. cap. 48. § Quibus And a litle following § Et provisum he hath these words Et provisum est quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum aliorum proborum hominum de commitatu eodem affidentur super eos qui contribuere debent vnde particulae Iusticiariis liberentur vt cum aliis extractis suis ad Scaccarium liberare valeant These last words of his haue relation to the statute Westminst
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
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.
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the defendant as prolocutor is for the persewer M. Skene de verb. significatione Responsalis as Sigâ—nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ„ is the third officer in that Court who must be a person learned in the lawes of the land being named and assigned by the king At his admission into the office he taketh an oath before the Master of the said court well and truly to serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ— because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto another as to his Lord and also that attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the writ tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ„ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌ„tentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
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
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
dare bellum indicere belli indicenci licentiam alii dare pronunciare ita vt a sententia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae maiestatis legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest ius erigendi scholam quae hodie Vniuersitas vel Academia appellatur etiā ius creādi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones siue notarios ius dandi insignia nobilitatis siue nobiles creandi ius cudendae monetae noua vectigalia instituendi vel instituta vectigalia augendi Sixtinus vbi supra So that those other which are mentioned in libris feudorum and the interpreters of them are at the least for the most part iustly called regalia minora as armandiae viae publicae flumina nauigantia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona quae indignis auferuntur bona eorum qui incestum matrimonium contrahunt bona damnatorum proscriptorum angariae parangariae extraordinariae ad expeditionem imperatoris collationes potestas creandorum magistratuum ad iusticiam exequendam argentarie palatia in ciuitatibus constituta piscationum reditus salinarum reditus bona committentium crimen laesae maiestatis thesaurus inuentus By setting downe these regalities of both sorts as they are accoumpted in the Empire and other forein kingdomes they may be the more easily compared with our kings prerogatiues and so the differences noted betweene vs and them And whereas some things are before reckoned both inter regalia maiora minora the reader must vnderstand that this may be in diuers respects For example the power of raising a tribute or of coyning money is inter maiora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatiues belonging to the king of this land which doe not bring profit to his cofers immediately and therefore may be accoumpted inter regalia maiora or at the least in a middle or mixt nature or inter maiora minora because by a consequent they tend to the increase of the kings exchequer Of these such as I haue obserued in reading I will set downe as they come to my hands without farder curiosity in diuiding It is the kings prerogatiue that he may not be siewed vpon an ordinary writ as tenent to lands but by petition Plowd casu Walsingham fo 553. to haue a cecessary consent in the appropriation of all benefices Idem casu Grendon fol. 499. to waiue and to demurre and to pleade to the issue or to waiue the issue and to demurre vpon the plee of the aduers part yet not to chaunge the issue another terme after he and the aduers part be once at issue Idem casu Willion fol. 23. 6. a. casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an ayde prier Idem casu Dutchry of Lancaster fol. 221. b. to be neuer in nonage eodem fol. 218. b. that a man indicted may not wage battell with him Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession but must be put to suite Dyer fol. 139. nu 33. to seise the lands of his tenents that alienate without licence Plowd casu Mines fol. 322. a. that no subiect may wage his law against him Broke chosein action 9. Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his worde before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies case fol. 79. a. not to finde pledges for the persecuting of any action For he cannot be amerced Fitzh nat br fo 31. F. fo 47. C. to siew in what court he will Fitzh nat br f. 7. B. 32. E. to siew the writ Ne admittas after sixe monethes Regist orig fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare may not be recouered by the writ de natiuo habendo Fitzh nat br fol. 79. A. to graunt an office with the babendum post mortem alterius Dyer fo 295. nu 1. to shorten the ordinary time of summons being 15. daies in writ of right Brit. ca. 121. to giue what honour or place he listeth to his subiects anno 31. H. 8. ca. 10. to be owner of a forest See Forest to haue free warren See Warren Not to be owted of his free hould Cromptons Iustice of peace fol. 59. b. 16. a. to araigne a man being both a Traitor and a Felon rather vpon the treason than vpon the felony because he may haue the whole escheats Idem eodem fol. 99. a. to warrant the day of appearance to his subiect being in his seruice and summoned to appeare at a day certaine Fitzh nat br fol. 17. a. Diuers of these and many others did belong fisco imperatorum which you may finde in the Digest De iure fisci Co. lib. 10. tit 1. Besides these also many moe may be obserued to belong vnto our King out of lawes which I leaue to their collection that are of longer reading and more painefull industry Prerogatiue of the Archbishop of Canterbury or Yorke prarogatiua Archiepiscopi Cantuariensis seu Eboracensis is an especiall preeminence that these Sees haue in certaine cases aboue ordinary Bishops within their Prouinces And that of the Archbishop of Canterburie principally consisteth of these points First in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches as also the consecration of them Next in a power of visiting his whole Prouince of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiuing appeales from their courtes of assigning coadiutours to those Bishops that grow weake and insufficient to discharge their function of appointing Vicars generall to those that haue either none or an insufficient man employed in that office and of dispensing in all ecclesiasticall cases wherein the lawes beare dispensation of taking oath of euery Bishop at his confirmation to performe canonicall obedience vnto the See of Canterburie But thes seem to belong vnto him by an ordinarie archiepiscopall authority Certaine other things there be that appertaine vnto him more then ordinarily to other Archbishops as the originall calling of any person in any cause belonging to spirituall iurisdiction out of any part of his prouince though not appealed But this point is now limited by the Statute made anno 23. Henr. 8. ca. 9. The receyuing of an appeale from the lowest Iudge ecclesiasticall