it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque paâ—s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an Oâ—fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jusâ— of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convicâ— for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Juâ—y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation the one called the Higher Convocation House where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation House where all the rest of the Clergy sit Anno. 25 Hen. 8. cap. 19. See Proloâ—utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Caâ—â—â—ceners Farticipâ—s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without 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 Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed to the Sheriff to summon four lawful Knights before the Justices of Assise there upon their Oaths to chuse Twelve Knights of the Vicinage c. to pass upon the Grâ—at Assise between A. Plaintiff and B. Defendant Reg. of Writs fol. 8. 〈◊〉 〈◊〉 〈◊〉 The Great Charter Granted in the Ninth year of Henry the Third and confirmed by Edward the First and other Kings The reason why it was so termed was either for the excellency of the Laws and Liberties therein contained or else because there was another Charter called the Charter of the Forest established with it which was the lesser of the two or because it contained more then many other Charters or more then the Charter of King Henry the First Or in regard of the Wars and great troubles in the obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful Anathema's against the infringers of it See Spelmans Gloss on this word at large who calls it Augustissimum Anglicarum libertatum diploma sacra Anchora So Edward Coke says It is Magnum in Parvo and that it hath been above thirty times confirmed On Littl. fol. 81. Mahim Mahemium from the Fr. Mehaigner i. mutilare Signifies a Corporal hurt whereby a Man loseth the use of any Member that is or may be any defence to him in Battel As the Eye the Hand the Foot Scalp of the Head Foretooth or as some say any Finger or Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—n at large lib. 3. tract 2. cap. 24. num 3. The cutting of an Ear or Nose or breaking the hinder Teeth is no Mahim because it is rather a deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor at their Marriage and it was anciently given to the Lord for his quitting the Custom of Marcheta whereby some fancy That he was to have the first Nights Lodging with his Tenants Wife But I rather suppose it be a Fine for the Licence to marry a Daughter Sir Edm. Sawyer is now Lord of this Mannor See Marcheta Maignagium from the Fr. Maignen i. Faber ararius A Brasiers-shop Idem Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— takes away or steals As to be taken with the Manour Pl. Cor. fol. 179. Is to be taken with the thing stoln about him Again fol. 194. it was presented that a Theife was delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying or estoping in such case he shall have Assise where it signifies handy-labour and is but an abbreviation of Mainovery Mainpernable Bailable What Prisoners arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly of Loaves of Bread which in some places the Parishioners pay to the Rector of their Church in recompence for certain Tythes See Waxshot Vicaria de Wragby in Com. Linc. consistit in toto Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise Old Nat. Br. fo 42. Is to commit him to those that undertake his appearance at the day appointed And they that thus undertake for any are called Mainpernors because they receive him into their hands Pl. Cor. fo 178. Hence the word Mainpernable that may be thus bailed For in many cases a Man is not Mainpernable whereof see Brook tit Mainprise And Fitz. Nat. Br. fo 249. Manwood in his 1 Par. For. Laws pa. 167. makes a great difference between Bayl and Mainprise For he that is Mainprised is already said to be at large and to go at his own liberty after the day he is set to Mainprise until the day of his appearance But not so where a Man is let to Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—t or any other Judge until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in Prison all that time So that he that is so bailed shall not be said by the Law to be at large or at his own liberty Thus Manwood Mainprise also is an undertaking in a su 〈…〉 certain Bail answers the condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—uma When Mainprises may be granted and when not see Cromptons Justice of P. fo 136. and Britton fol. 73. The Author of the Mirror of Iustices sayes that Pledges are those that Ball or redeem any thing but the body of a Man and Mainpernors those that free the body That pledges therefore belong properly
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
habent arma habere possunt illuc veniant ad capiendum solidatas nostras Breve Regis Johannis vicecomitatus Angliae Anno 1213. Solinus terrae In Domesday Book contains two Plowlands and sometimes less then a half for there it is said Septem Solini terrae sunt 17 Carucat Soller or Solar Solarium A Chamber or upper room Dedi unam Shoppam cum Solario super aedificato Ex vet carta Solutione feodi militis Parliamenti and Solutione feodi Burgen Parliamenti Are Writs whereby Knights of the Shire and Burgesses may recover their allowance if it be denyâ—d Anno 35 Hen. 8. ca. 11. Sommons See Summons Sontage Was a Tax of forty shillings laid upon every Knights Fee Scow pa. 284. In some places the word is used for course Cloth as bagging for Hops or the like Systema Agriculturae Sorcery Sortilegium Witchcraft or Divination by Lots which is Felony by 1 Jac. ca. 12. Sortilegus quia utitur sortibus in cantationibus Daemonis 3 Inst fo 44. Sorcery devinal sont members de Heresy Mirror ca. 1. Sect. 5. Excepted out of the Act of General pardon 12 Car. 2. ca. 11. Sothale In Bracton Lib. 3. Tract 2. ca. 1. It is written Sothail but both conceived to be mistaken for Scotale which vide Henrici autem tercii aetate hoc sublatum esse constat ex Bracton South-Uicont sub-vicecomes The under-Sheriff Cromp. Jur. fo 5. Sown Is a corruption from the Fr. Souvenu i. Remembred For the Stat. 4 Hen. 5. ca. 7. in the Original French hath des Estreats nient souvenu which by turning the two single u v into w was first made Sowenu afterwards Sown which properly signifies remembred And such Estreats and Casualties as are not to be remembred run not in demand that is are not leviable It is used as a word of art in the Exchequer where Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he may gather 4 Part Inst fo 107. Speaker of the Parliament Is an Officer in that High Court who is as it were the Common-Mouth of the rest of which there are two one termed The Lord Speaker of the House of Peers who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other being a Member of the House of Commons is called the Speaker of the House of Commons The duties of which two you have particularly described in a Book Entituled The Order and usage of keeping the Parliament See Parliament Special matter in evidence See General Issâ—â— and Brooke tit General Issue and Special Evidence Specialitas A specialty is usually taken for a Bond Bill or such like Instrument Presentatum fuit per Juratores quod quidam Johannes de Pratis habuit quandam uxorem amicabilem de cujus specialitate Willielmus filius Henrici Molendinarii similiter quidam alii malefactores fuerunt Ita quod predicti malefactores venerunt ad lectum ipsius Johannis ubi jacebat ipsum traxerunt ab eadem ipsum abinde duxerunt tenuerunt dum praedictus Willielmus concubuit cum ea Pl. coram Rege apud Ebor. Mich. 1 Ed. 3. Rot. 123. Here it seems to be used for special or particular acquaintance Spinster Pollard miles Judic habuit 11 filios gladiis cinctos in tumulo suo totidem filias fusis depictas Spelman in his Aspilogia sayes Antiquis temporibus ipsae Reginae fusis usae sunt unde hodie omnes faeminae Spinsters dictae sunt It is the Addition usually given to all unmarried Women from the Viscounts Daughter downwards Yet Sir Edward Coke sayes Generosa is a good addition for a Gentlewoman and if they be named Spinster in any Original Writ Appeal or Inditement they may abate and quash the same 2 Inst fo 668. Spiritualities of a Bishop Spiritualia Episcopi Are those Profits which he receives as he is a Bishop and not as he is a Baron of the Parliament Stamf. Pl. Cor. fo 132. Such are the duties of his Visitation his benefit growing from Ordaining and Instituting Priests Prestation Money that is subsidium charitativum which upon reasonable cause he may require of his Clergy the benefit of his Jurisdiction c. Joachimus Stephanus de Jurisdict lib. 4. ca. 14. num 14. Spittle-house mentioned in the Act for Subsidies 15 Car. 2. ca. 9. is a corruption from Hospital and signifies the same thing or it may be taken from the Teutonic Spital an Hospital or Almes-house Spoliation Spoliatio Is a Writ that lies for an Incumbent against another Incumbent in case where the right of Patronage comes not into debate As if a Parson be made a Bishop and has dispensation to keep his Rectory and afterwards the Patron presents another to the Church who is instituted and inducted The Bishop shall have against this Incumbent a Writ of Spoliation in Court Christian Fitz. Nat. Br. fo 36. See Benevolence Spullers of Yarn Anno 1 Mariae Parl. 1. ca. 7. Are tryers of Yarn to see if it be well spun and fit for the Loom Sqalley Anno 43 Eliz. ca. 10. See Rewey It is a note of faltines in the making of Cloth Stablestand Stabilis statio vel potius stans in stabulo is one of the four Evidences or Presumptions whereby a Man is convinced to intend the stealing the Kings Dear in the Forest Manwood Par. 2. ca. 18. num 9. the other three are Dogdraw Backbear Bloudy-hand This Stablestand is when a Man is found at his standing in the Forest with a Cross or Long-Bow bent ready to shoot at any Dear or else standing close by a Tree with Greyhounds in a Lease ready to slip Stagnarium Rectius Stannarium A Tin-mine Rex c. Roberto de Curtenay Concessimus Dominae Reginae matri nostrae Cuneum Stagnarium Devon ad se sustinendum Paten Anno 1 Hen. 3. Stagnes Stagna Ponds Pools or standing Waters mentioned Anno 5 Eliz. ca. 21. Stalboat A kind of Fishers-boat Anno 27 Eliz. ca. 21. Stalkers A kind of Fishing-Nets mentioned Anno 13 Rich. 2. Stat. 1. ca. 20. 17 ejusdem ca. 9. Stallage Stallagium From the Sax. stal i. Stabulum statio the liberty or right of pitching or erecting Stalls in Fair or Market or the Money paid for the same Quod si aliquis portaverit res suas ad forum posuerit super Stallas faciet redemptionem pro eis qualibet die Lunae vel semel pro toto anno Ex Registro Priorat de Cokesford See Scavage In Scotland it is called Stallange and among the Romans it was termed Siliquaticum Standard See Estandard Standel Is a young store-Oake-tree which may in time make Timber twelve such are to be left standing in every Acre of Wood at the felling thereof Anno 35 Hen. 8. ca. 17. and 13 Eliz ca 25. Stannaries Stannaria from the Lat. Stannum i. Tin Are the Mynes and Works where this Mettal is got
be in every liberty that has view of Frankpledge for the correction and cooling of Scoldes and unquiet Women Kitchin fo 13. See Cucking-stool Item si aliquis qui in libertatem nostram per assensum consensum Comburgensium nostrorum admissus fuerit fecerit aliquod delictum per quod ad penam publicam seu vile Judicium ut ad Collistrigium vel Tumbrellum vel aliquod aliud hujusmodi adjudicatus fuerit pro perjuro reputabitur ipso facto amittet libertatem suam MS. Codex de LL. Statutis Corfuetud Burgi villae Mountgom fo 11. Tun Is a measure of Oyl or Wine containing twelve score and twelve Gallons or four Hogsheads Anno 1 Rich. 3. ca. 12. 2 Hen. 6. ca. 11. and 12 Car. 2. ca. 4. a Tun of Timber is 40 solid feet a Load 50. Tun-greve Sax. Tungeraefa i. Villae praepositus A Reeve or Bailiff qui in villis quae dicimus Maneriis Domini personam sustinet ejusque vice omnia disponat moderatur Spelman Tunnage al. Tonnage tunnagium tonnagium Is a Custom or Impost due for Merchandise brought or carried in Tuns and such like vessels from or to other Nations after a certain rate for every Tun An. 12 Edw. 4. ca. 3. 6 Hen. 8. ca. 14. 1 Ed. 6. ca. 13. 1 Jac. ca. 33. 12 Car. 2. ca. 4. It is sometimes used for a duty due to the Mariners for unloading their Ship arrived in any Havens after the rate of so much a Tun. Tunnage and Poundage began in the 45th of Edward the third Cottoni posthuma fo 172. See 4 Inst fo 32. Turbary turbaria from turba a turf Is a right or interest to dig turves on another mans ground Kitchin fo 94. And Common of Turbary is a liberty which some Tenants have by prescription to dig turves on the Lords Waste Turbaria is sometimes also taken for the ground where turves are digged Turn turnum Is the Sheriffs Court kept twice every year viz. within a Moneth after Easter and Michaclmas Mag. Charta ca. 35. 3 Edw. 3. ca. 15. From this Court are exempt onely Arch-bishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept Anno 25 Hen. 3. ca. 10. Britton ca. 29. calls it Tour i. ambitus circuitus It is a Court of Record in all things that pertain to it it is the Kings Leet through all the County and the Sheriff is Judge and this Court is incident to his Office See Cromp. Jur. fo 230. and 4 Inst fo 260. Turney or Tournement Fr. Tourney i. Decursorium Signifies a Martial exercise of Knights or Gentlemen fighting on horseback one with another in disport and is thus defined Torneamenta dicuntur nundinae vel feriae in quibus milites ex condicto convenire ad ostentationem virium suarum audaciae temere congredi solent This word is used in the Statute 24 Hen. 8. ca. 13. but the thing it self is now disused Turno vicecomitum Is a Writ that lies for those that are called to the Sheriffs Turn out of their own Hundred Reg. of Writs fo 174. Twaite Signifies a wood grubbed up and turned to Arable Coke on Litt. fo 4. b. Twa nights geste Hospes duarum noctium If he did harm to any his Host was not answerable for it but himself Hoveden parte poster fo 345. b. See Third-nights-awn-hine Twelve men duodecim homines legales otherwise called the Jury or Enquest is a number of twelve persons or upwards to twenty four by whose Oath as to matters of Fact all Trials pass both in Civil and Criminal Causes through all Courts of the Common Law in this Realm In Civil Causes when proof is made of the matter in question the point of the Fact on which they are to give their verdict is deliver'd likewise to them which we call the Issue then they are put in mind of their Oath to do right and are by the Judges summing up the evidence sent out of the Court by themselves to consider upon the Evidence on both sides untill they are agreed which done they return to the Court and deliver their verdict by the Mouth of their Foreman according to which if the matter be not arrested or staid by the discretion of the Judge or the Court the Judgment passeth In Causes Criminal there are two sorts of Enquests one called the Grand Enquest the other the Enquest of life and death The first is so called either because it consists of sixteen at the least or else because all causes Criminal or Penal first pass through them whereas the other Enquest is especially appointed for one or few matters touching life and death Those of the Grand Enquest are called by Bracton 12 Milites because they were wont to be Knights if so many could be had And their Function is to receive all Presentments of any Offence and accordingly to give their general opinion of them by writing either these words billa vera upon the Bill of Presentment which is an Inditement of the Party presented or else Ignoramus which is a doubting of the Fact presented Of this read more in Inditement Assise Jury See the Statute 35 Hen. 8. ca. 6. 37 ejusdem ca. 22. 2 Ed. 6. ca. 32. 5 Eliz. ca. 25. Tymber of skins Is 40 skins Book of Rates fo 18. Tympeny Abbas Monachi Rading Sint quieti de tributis lastagiis stallagiis de Thething-peny Tympeny de summonitionibus de Assisis super assisis c. In Memorand Scacc. de Anno 20 Ed. 3. in t Record de Trin. Rot. 3. I find it elsewhere written Tinpeny Mon. Angl. 1 Par. fo 419. a. Quaere U. VAcation Vacatio Is all the time respectively betwixt the end of every Term and beginning of the next when such times began and ended in our Ancestors dayes See Hovedens Annals Par post fo 343. a. where you shall find that this intermission was called Pax dei Ecclesiae Also the time from the death of a Bishop or other Spiritual person till the Bishoprick or other Dignity be supplyed with another is called Vacation Westm 1. ca. 21. 14 Edw. 3. ca. 4. 5. See Plenarty Uaccarie alias Uaccharie Vaccaria al. Vaccharia and Vacheria Is a House or place to keep Cowes in Fleta lib. 2. ca. 41. Domus sive locus quo vaccae aluntur vel quo negotium quod ad eos attinet perficitur Spelm. A Dairy-house Without warrant no Subject may have a Vaccary within the Forrest Crom. Jur. fo 194. But in the Stat. 37 Hen. 8. ca. 16. Vacchary seems to be a special name of a certain compass of ground within the Forest of Ashdown Uaga See Waga Uagabond Vagabundus One that wanders about and has no certain dwelling an idle Fellow Rogues Vagabonds and sturdy Beggars mentioned in divers Statutes De Vagabundis aliis hominibus mendicantibus qui se
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre