a man vpon breach of a statute to be resembled in mine opinion to any action giuen in the lawe imperiall either vpon edictum praetoris plebiscitum or senatusconsultum For as the Pretour so the common people in comitijs tributis the Senatours or nobility in curia vel senatu had power to make lawes wherevpon the Pretour or other Iudges permitted action And euen so our high court of Parlament maketh Statutes against such offēces as are either newly grown or more and more increased and our Iudges intertaine their plees that commence actions against the breakers of them Action is perpetuall or temporall perpetua vel temporalis and that is called perpetuall the force whereof is by no time determined Of which sort were all ciuill actions among the auncient Romaines viz. such as grew from lawes decrees of the Senate or constitutions of the Emperors whereas actions granted by the Pretor died within the yeare de perpet tempor actio in Institut So we haue in England perpetuall and temporarie actions and I thinke all may be called perpetuall that are not expresly limited As diuers Statutes giue actions so they be pursued within the time by them prescribed namely the Statute anno 1. Ed. 6. cap. 1. giueth action for 3. yeares after the offences therein shall be committed and no longer and the Statute anno 7. H. 8. cap. 3. doth the like for foure yeares and that anno 31. Eliz. cap. 5. for one yeare no more But as by the ciuill lawe no actions were at the last so perpetual but that by time they might be prescribed against as actiones in rem decem aut viginti terminantur annis personales verò triginta § 1. de perpet temp actio in Institutio l. 3. Co. de praescript 30. annorum so in our common law though actions may be called perpetual in comparison of those that be expressely limited by statute yet is there a means to prescribe against reall actions within fiue yeares by a fine leuied or a recouerie acknowledged as you may see farther in the word Fine and Recouerie And for this also looke Limitation of assise Action is farther diuided in actionem bona fidei stricti iuris Which diuision hath good vse in our common lawe likewise though the tearmes I find not in any of their writers But of this and such like diuisions because they haue as yet no apparent acceptance amongst our Lawyers but onely a hidden vse I referre the reader to the Ciuilians and namely to Wesenb in his Paratitles Π. De obligatio actio Addition additio is both the English and French word made of the Latine and signifieth in our common law a title giuen to a man ouer and aboue his Christian and surname shewing his estate degree occupation trade age place of dwelling c. For the vse wherof in originall writs of actions personale appeales and indictments it is prouided by Statute anno 1. H. 5. cap. 5. vpō the penaltie therein expressed Tearmes of the lawe Broke farder addeth that it is likewise requisite in townes and gates of townes parishes in great townes and cities where there may be any doubt by reason of more townes gates or parishes of the same name titulo Addition See also M. Cromptons Iustice of peace fol. 95. 96. Adeling was a word of honor among the Angles properly apertaining to the Kings children whereupon king Edward being himselfe without issue and intending to make Eadgare to whome he was great Vnkle by the mothers side his heire to this kingdome called him Adeling Roger Houedine parte poster suorum Annal. fol. 347. a. Adiournment adiurnamentum is almost all one with the French adiounrement i. denunciatio vel diei dictio and signifieth in our commō law an assignement of a day or a putting off vntill another day Adiournment in eyre anno 25. Ed. 3. Statute of pourveyers cap. 18. is an appointment of a day when the Iustices in eire meane to sit againe Adiourn anno 2. Edw. 3. cap. 11. hath the like signification And this whole title in Broke his abridgement proueth the same The bastard Latine word adiurnamentum is vsed also among the Burgundians as M. Skene noteth in his booke De verbo signi verbo Adiurnatus out of Chassaneus de consuet Burg. Ad inquirendum is a writ iudiciall commanding inquirie to be made of any thing touching a cause depending in the Kings court for the better execution of iustice as of bastardie of bondmen and such like whereof see great diuersitie in the Table of the Register iudiciall verbo Ad inquirendum Admeasurement admensuratio is a writ which lyeth for the bringing of those to a mediocritie that vsurpe more then their part And it lyeth in two cases one is tearmed admeasurement of dower admensuratio dotis where the widow of the deceased holdeth from the heire or his guardian more in the name of her dower then of right belongeth vnto her Register orig fol. 171. a. Fitzh nat br fol. 148. The other is admeasurement of pasture admensuratio pasturae which lieth betweene those that haue common of pasture appendant to their free-hold or common by vicenage in case any one of them or more doe surcharge the common with more cattell then they ought Register orig fol. 156. b. Fitzh nat br fol. 125. Administer administrator in our common law is properly taken for him that hath the goods of a man dying intestate committed to his charge 〈…〉 y the ordinary is accountable for the same whensoeuer it shall please the ordinarie to call him thereunto I finde not this word soe vsed in all the civile or canon lawe but more generally for those that haue the gouernment of any thing as the Decrees can 23. quaest 5. c. 26. Administratores plane saecularium dignitatum c. and extrava com ca. 11. Grangias autem alia loca Cisterciensium ordinis aliorum Regalium in quibus Gubernatores seu custodes vel administratores ponuntur c. Howsoeuer the signification of this word grew to be restrained amongst vs it greatly booteth not But there was a statute made anno 31. Ed. 3. ca. 11. whereby power was giuen to the ordinarie to appointe these administratours and to authorize them as fully as executors to gather vp and to dispose the goods of the deceased alway provided that they should be accountable for the same as executors And before that viz. Westm 2. anno 13. Ed. 1. ca. 19. it was ordeined that the goods of those that died intestate should be committed to the ordinarie his disposition and that the ordinarie should be bound to answer his debts so far forth as the goods would extēd as executors And I perswade myselfe that the committing of this burden vnto Bishops to those that deriue ecclesiasticall authoritie from them grew first from the constitution of Leo the Emperour Co. de Episco cleri l. nulli licere 28. Where it is saide that if a man dying
Regale beneficium clementis principis de consilio procerum populis indultum quo vitae hominū status integritati tam salubriter consulitur vt in iure quod quis in libero soli tenemento possidet retinendo duells casum declinare possint homines ambiguum c see the rest This Iury is not vsed onely in circuits of Iustices errant but also in other courts and maters of office as if the Escheatour make inquisition in any thing touching his office he doth it by a Iury or inquest if the Coroner inquire how a subiect found dead came to his end he vseth an inquest the Iustices of peace in ther quarter Sessions the Shyreeue in his county and Turne the baylife of a Hundred the Stewarde of a court Leete or court Baron if they inquire of any offence or descide any cause betweene party and party they doe it by the same maner So that where it is said that all things be triable by Parlament Battell or assise Assise in this place is taken for a Iury or Enquest empaneled vpō any cause in a court where this kind of triall is vsed and though it be commonly deemed that this custome of ending and desciding causes proceede from the Saxons and Brittons and was of fauour permitted vnto vs by the Conquerour yet I finde by the grand Customarie of Normandie cap 24. that this course was vsed likewise in that countrie For Assise is in that Chapter defined to be an assembley of wise men with the Bailife in a place certaine at a time assigned 40. daies before wherby Iustice may be done in causes heard in the court of this custome also and those Knights of Normandie Iohannes Faber maketh mention in the Rubrique of the title de militari testamento in Institut this Iury though it appertaine to most courts of the common law yet is it most notorious in the half yeare courts of the Iustices errants commonlie called the great assises and in the quarter Sessions and in them it is most ordinarily called a Iurie And that in ciuile causes wheras in other courts it is oftener tearmed an enquest and in the court Baron the Homage In the generall Assise there are vsually many Iuries bicause there be store of causes both ciuil and criminall commonly to be tried wherof one is called the Grand Iury and the rest petit Iuries whereof it seemeth there should be one for euery Hundred Lamb. Eirenar l. 4. cap. 3. pa. 384. The Grand Iurie consisteth ordinarily of 24. graue and substantiall gentlemen or some of them yeomen chosen indifferently out of the whole shyre by the Shyreeue to consider of all bils of Inditement preferred to the court which they doe either approoue by writing vpon them these words billa vera or disallowe by writing Ignoramus such as they doe approoue if they touch life and death are farder referred to another Iury to be considered of because the case is of such importance but others of lighter moment are vpon their allowance without more worke fined by the bench except the party travers the Inditement or chalenge it for insufficiencie or remooue the cause to a higher court by certiorarie in which 2. former cases it is referred to another Iurie and in the latter transmitted to the higher Lamb. Eire l. 4. c. 7. presently vpon the allowance of this bill by the Grand Enquest a man is said to be indighted Such as they dissalowe are deliuered to the benche by whome they are forthwith cancilled or torne The petit Iury consisteth of 12. men at the least are Empanelled as well vpon criminall as vpon ciuile causes those that passe vpon offences of life and death doe bring in their verdict either guiltie or not guiltie wherevpon the prisoner if he be found guiltie is said to be conuicted and so afterward receaueth his iudgment and condemnation or otherwise is acquited and sett Free of this reade Fortes cap 27. those that passe vpon ciuile causes reail are all or so many as can conueniently be had of the same hundred where the land or tenement in question doth lie and 4. at the least And they vpon due examination bring in their verdict either for the demaundant or Tenent of this see Fortesc cap. 25. 26. according vnto which iudgement passeth afterward in the court where the cause first began and the reason hereof is because these Iustices of Assise are in this case for the ease of the cuntry onely to take the verdict of the Iurie by the vertue of the writ called nisi prius and so returne it to the court where the cause is depending See Nisi prius Ioyne with this the chapter formerly cited out of the custumary of Normandie and that of King Etheldreds lawes mentioned by Maister Lamberd verbo Centuria in his explication of Saxon words and by these two words you shall perceiue that as well among these Normans as the Saxons the men of this Iuty were associats and Assistants to the Iudges of the court in a kind of equality where as now a daies they attend them in great humility and are as it were at their commaund for the seruice of the court the words set downe by M. Lamberd are these In singulis centuriis comitia sunto atque liberae condicionis viri duodeniaetate superiores vnà cum praeposito sacra tenentes iuranto se adeo virum aliquem innocentem haud condemnaturos sontemve absoluturos to this ioyne also the 69. chapter of the saide custumarie See Enquest See 12. men See Lamberds Eurenarch lib. 4. cap. 3. p. 384. Iuris vtrùm is a writ that lyeth for the incumbent whose predecessour hath alienated his lands or tenements the diuers vses of which writ see in Fitzh nat br fol. 48. Iurisdiction Iurisdictio is a dignity which a man hath by a power to doe Iustice in causes of complaint made before him And there be two kinds of Iurisdictions the one that a man hath by reason of his fee and by vertue thereof doth right in all plaints concerning his see The other is a Iurisdiction giuen by the prince to a baylife this diuision I haue in the Custumary of Normandy cap. 2. which is not vnapt for the practise of our common welth for by him whom they call a baylife we may vnderstand all that haue commission from the prince to giue iudgement in any cause The ciuilians diuide iurisdictionem generally vnderstand in imperium iurisdictionem and imperium in merum mixtum Of which you may reade many especiall tractats writen of them as a mater of great difficulty and importance Iustes commeth of the French Ioustes i. decursus and signifieth with vs contentions betweene Martiall men by speares on horsbacke anno 24. H. 8. cap. 13. Iustice Iusticiarius is a French word and signifieth him that is deputed by the king to do right by way of iudgement the reason why he is called Iustice and not Iudex is because in auncient time the
Realme the land was quieted the king gained greate riches toward the supporting of his wars Inquire farder of the name Baston is thougt by some to be the beame of a paire of Scoales or waights and this is in this place metaphorically applied to the iuste peising of recompence for offences committed My poore opinioÌ„ is that the etymology of this title or addition groweth from the French treilles i. cancelli barres or letises of what thing soeuer a grate with crosse bars or of the singuler treille i. pargula an house arbour a raile or forme such as vines runne vpon and Baston a staffe or pole noting thereby that the Iustices emploied in this commission had authoritie to proceede without any solemne iudgement seate in any place either compassed in with railes or made booth or tent-wise set vp with staues or poales without more worke wheresoeuer they could apprehend the malefactors they sought for See lib. Assisarum fol. 141. 57. Iustices of peace Iusticiarii ad pacem are they that are appointed by the kinges commission with others to attend the peace in the County where they dwell of whom some vpon speciall respect are made of the Quorum because some busines of importance may not be dealt in without the presence or asseÌ„t of them or one of them Of these it is but folly to write more because they haue so many thinges perteining to their office as cannot in fewe words be comprehended And againe Iustice Fitzherberd some time sithence as also M. Lamberd and M. Crompton of late haue written bookes of it to their great commendatioÌ„ and fruitfull benefit of the whole Realme See also Sir Thomas Smith de repub Angl lib 2. cap. 19. They were called Gardians of the peace vntill the 36. yeare of King Edward the third cap. 12. where they be called Iustices Lamb. Eirenarcha lib. 4. cap. 19 pag. 578. There oathe see also in Lambard lib. i. ca. 10. Iustices of peace c. within liberties Iusticiarii ad pacem infra libertates be such in cities and other corporate townes as those others be of any countie and their authoritie or power is all one within their seueral precincts anno 27. H. 8. ca. 25. Iusticies is a writ directed to the Shyreeue for the dispatch of iustice in some especiall cause wherewith of his owne authoritie he cannot deale in his Countie Courte lib. 12. cap. 18. wherevpon the writ de excommunicato deliberando is called a Iusticies in the old nat bre fol. 35. Also the writ de homine replegiando eodem fol. 41. Thirdly the writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Iusticies the Shyreeue may hold plee of a greate summe whereas of his ordinary authoritie he cannot hold plees but of summes vnder 40. shillings Crompt on fo 231. agreeth with him It is called a Iusticies because it is a commission to the Shyreeue ad Iusticiandum aliquem to â—doe aman right and requireth noe returne of any certificat of what he hath done Bracton lib. 4. tracta 6. cap. 13. nu 2. maketh mention of a Iusticies to the Shyreeue of London in a case of Dower See the newe booke of Entries Iusticies Iustification Iustificatio is an vpholding or shewing a good reason in courte why he did such a thing as he is called to answere as to iustifie in a cause of Repleuin Broke titulo Repleuin K E KEeper of the great Seale Custos Magni Sigills is a L. by his office and called Lord Keeper of the great Seale of England c. is of the Kings priuy Councell vnder whose hands passe al charters Commissions and graunts of the King strengthened by the great or broad Seale Without the which Seale all such Instruments by Lawe are of no force for the King is in interpretation and intendment of Law a Corporation and therefore passeth nothing firmely but vnder the said Seale This Lord Keeper by the statute anno 5. Elizabethae Cap. 18. hath the same and the like place authority preeminence Iurisdiction execution of Lawes and all other Customes CoÌ„modities and Aduantages as hath the Lord Chaunceler of England for the time being Keeper of the priuy Seale Custos priuati Sigilli is a Lord by his office vnder whose hands passe all Charters signed by the Prince before they come to the broad or great Seale of England He is also of the Kings priuy Councell He seemeth to be called Clerke of the priuy Seale anno 12. R 2. Cap. 11. But of late daies I haue knowne none to beare this office by reason the Prince thinketh good rather to keepe this Seale in his owne hands and by priuate trust to commit it to his principall Secretary or some such one of his Councell as he thinketh fit for that function Keeper of the Touch. anno 2. H. 6. cap. 14. seemeth to be that officer in the kings mint which at this day is termed the master of the assay See Mint Keeper of the Forest Custos Forestae is also called cheife Warden of the Forest Manwood part pri of his Forest Lawes pag. 156. c. hath the principall gouernmeÌ„t of all things belonging thereunto as also the check of all officers belonging to the Forest And the Lord Cheife Iustice in Eyre of the Forest when it pleaseth him to keepe his Iustice Seate doth 40. daies before send out his generall Summons to him for the warning of all vnder-officers to appeare before him at a day assigned in the Summons This See in Manwood Vbi Supra King Rex is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge signifing him that hath the highest power absolute rule ouer our whole Land and thereupon the King is in intendment of Lawe cleared of those defects that common persons be subiect vnto For he is alwaies supposed to be of full age though he be in yeares neuer so young Cromptons Iurisdictions fol. 134. Kitchin fol. i. He is taken as not subiect to death but is a Corporation in himselfe that liueth euer Crompton ibidem Thirdly he is aboue the Law by his absolute power Bracton lib. pri cap. 8. Kitchin fol. 1. and though for the beter and equall course in making Lawes he doe admitte the 3. estates that is Lords Spirituall Lords temporall and the Commons vnto Councell yet this in diuers learned mens opinions is not of constreinte but of his owne benignitie or by reason of his promise made vpon oath at the time of his coronation For otherwise were he a subiect after a sort and subordinate which may not bee thought without breach of duty and loyaltie For then must we deny him to be aboue the lawe and to haue no power of dispensing with any positiue lawe or of graunting especiall priuiledges and charters vnto any which is his onely and cleare right as Sir Thomas Smith well expresseth lib. 2. cap. 3. de Repub. Anglican and
whereby any preiudice losse hinderance or disherison shall be or grow to the king a. 33. H. 8. c. 33. Master of the horse is he that hath the rule and charge of the kings stable being an office of high accompt and alwaies bestowed vpon some Noble man both valiant and wise This Officer vnder the Emperours of Rome was called comes sacri stabuli The Master of the horse is mentioned anno 39. Eliz. cap. 7. anno prim Ed. 6. cap. 5. Master of the posts is an Officer of the Kings court that hath the appointing placing and displacing of all such through England as prouide post horse for the speedie passing of the kings messages and other businesse in the through-fayre townes where they dwell as also to see that they keepe a certaine number of conuenient horses of their owne and when occasion is that they prouide others wherewith to furnish such as haue warrant from him to take post horses either from or to the seas or other borders or places within the Realme He likewise hath the care to pay them their wages and make their allowance accordingly as he shall thinke meete This officer is mentioned anno 2. Ed. 6. cap. 3. Master of the armorie is he that hath the care and ouersight of his Maiesties armour for his person or horses or any other prouision or store thereof in any standing Armories with command and placing or displacing of all inferiour Officers thereunto appertaining Mention is made of him anno 39. Eliz cap. 7. Master of the Iewel house is an Officer in the Kings houshould of great credit beeing allowed bouge of court that is diet for himselfe and the inferiour Officers viz. Clerks of the Iewell house and a speciall lodging or chamber in court hauing charge of all plate of gold of siluer double or parcell guilt vsed or occupied for the Kings or Queenes board or to any Officer of accompt attendant in court and of all plate remaining in the Tower of London of cheynes and loose Iewels not fixed to any garment Mention is made of this Officer anno 39. Eliz. cap. 7. Master of the Kings houshould magister hospitii is in his iust title called grand Master of the Kings houshould and beareth the same office that he did that was wont to be called Lord Steward of the kings most honorable houshould anno 32. H. 8. ca. 39. Whereby it appeareth that the name of this Officer was then chaunged and Charles Duke of Suffolke President of the Kings Councell then enioying that office was so to be called euer after so long as he should poffesse that office Master of the Ordinance anno 39. El. cap. 7. is a great Officer to whose care all the Kings Ordinance and Artillerie is committed being some great man of the Realme and expert in marshall affaires Master of the Chauncery Magister Cancellariae is an assistant in Chauncerie to the Lord Chaunceler or Lord Keeper of the broad seale in maters of iudgement Of these there be some ordinarie and some extraordinarie of ordinarie there be twelue in number whereof some fit in court euery day thorough each Terme and haue committed vnto them at the Lord Chauncelers discretion the interlocutorie report and sometimes the finall determination of causes there depending Master of the Kings musters is a martiall officer in all royall armies most necessarie as well for the maintaining of the forces complete well armed and treined as also for preuention of such fraudes as otherwise may exceedingly waste the Princes treasure and extreamly weaken the forces He hath the ouersight of all the captaines and bands and ought to haue at the beginning deliuered vnto him by the Lord Generall perfect lists and rolles of all the forces both horse and foot Officers c. with the rates of their allowances signed by the Lord Generall for his direction and discharge in signifying warrants for their full pay This Officer is mentioned in the statue anno 2. Ed. 6. cap. 2. and Muster master generall anno 35. Eliz. cap. 4. who so desireth to reade more of him let him haue recourse to Master Digs his Stratioticos Master of the Wardrobe magster garderobae is a great and principall officer in Court hauing his habitation and dwelling house belonging to that office called the Wardrobe neere Puddle-wharfe in London He hath the charge and custodie of all former Kings and Queenes auncient robes remaining in the Tower of London and all hangings of Arras Tapestrie or the like for his Maiesties houses with the bedding remaining in standing wardrobes as Hampton court Richmond c. He hath also the charging and deliuering out of all either Veluet or Scarlet allowed for liueries to any of his Maiesties seruants of the priuie chamber or others Mention is made of this officer anno 39. Eliz. ca. 7. Mater in deede and mater of record are said to differ old nat br fol. 19. where mater in deede seemeth to be nothing else but a truth to be prooued though not by any Record and mater of Record is that which may be proued by some Record For example if a man be siewed to an exigent during the time he was in the kings warres this is mater in deede and not mater of record And therefore saith the booke he that will alledge this for himselfe must come before the Scire facias for execution be awarded against him For after that nothing will serue but mater of Record that is some errour in the processe appearing vpon the Record Kitchin fol. 216. maketh also a difference betweene mater of Record and a specialitie and nude mater where he faith that nude mater is not of so high nature as either a mater of Record or a speciality otherwise there called mater in deede which maketh mee to thinke that nude mater is a naked allegation of a thing done to be proued only by witnesses and not either by Record or other speciality in writing vnder seale Mauger is shuffied vp of two French words Mal and Gre id est animo iniquo it fignifieth with vs as much as in despight or in despight of ones teeth as the wife mauger the husbande Litleton fol. 124. that is whether the husbund will or not Meane Medius signifieth the middle betweene two extreames and that eitherin time or dignitie Example of the first His action was meane betwixt the disseisin made to him and his recouerie that is in the interim Of the second there is Lord Meane and Tenent See Mesn Mease Mesuagium seemeth to come of the French Maison or rather Meix which word I finde in Cassanaeus de consuetu Burgund pag. 1195. and interpreted by him Mansus what Mansus is see Mansiō It signifieth a house Kitchin fol. 239. and Fitzh nat br fol. 2. C. See Mesuage Medlefe Cromptons Iustice of peace fol. 193. is that which Bracton calleth medletum It. 3. tract 2. ca. 35. It seemeth to signifie quarels scuffling or brawling to be deriued from the French
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the defendant as prolocutor is for the persewer M. Skene de verb. significatione Responsalis as Sigâ—nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ„ is the third officer in that Court who must be a person learned in the lawes of the land being named and assigned by the king At his admission into the office he taketh an oath before the Master of the said court well and truly to serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ— because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto another as to his Lord and also that attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the writ tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ„ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌ„tentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona autē diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 〈◊〉 de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpō an exigēd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari Cromptō in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian thē to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriū is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters patēts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. cōmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where
beneficiū iusve habere in beneficio aut canonicum titulum censebuur vti nec depositarius in re deposita wherof also Petrus Gregorius de beneficiis ca. 10. nu 13. thus writeth In hac quarta divisione potest adds tertium genus beneficii quod citra praescriptionem qualitatis a persona alterius qualitatis quà m beneficium exigat naturâ possidetur sed sine praeiudicio naturae beneficii per dispensationem eo commendato olim ad tempus certum certae personae hodie vt plerunque quà m diu commendatarius vixerit Vocant hoc beneficium commendatum commendam vt si regulare beneficium á Summo Pontisice conferatur nomine commēdae saeculari Nam ideo non mutatur beneficii natura nec fit ideo saeculare c. And a little after Interim annotabimus duplici de causa fieri commendam ecclesiae nempe vel in vtilitatem ecclesiae vel commendatarii In primo commenda titulum non dat beneficii commendatario dicitur potius custodia quae revocari potest quod repugnat naturae beneficii quod est perpetuum In secundo autem casu beneficium censetur in vtilitatem commendatarii commēda facta quam possidere potest quà m diu vixerit c. whome you may also read ca. 2. li. 13. Commissarie cōmissarius is a title of ecclesiasticall iurisdiction appertaining to such a one as exerciseth spirituall iurisdiction at the least so farre as his commission permitteth him in places of the dioces so farre distant from the cheife citie as the chanceler cannot call the subiects to the Bishops principall consistorie without their to great molestation This commissarie is of the canonists termed commissarius or officialis foraneus Lyndwoods provin ca. 1. de accusatio ver bo Mandatum archiepiscopi in glos and is ordeined to this especiall end that he supply the bishops iurisdiction and office in the out places of the dioces or els in such parishes as be peculiars to the bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there be archedeacons that haue iurisdiction within their archdeaconries as in most places they haue there this commissarie is but superfluous and most commonly doth rather vexe and disturb the country for his lucre then of conscience seeke to redresse the liues of offenders And therefore the Bishop taking prestation mony of his archdeacons yearely pro exteriori iurisdictione as it is ordinarily called doeth by superonerating their circuit with a commissarie not onely wrong archdeacons but the poorer sort of subiects much more as common practise daily teacheth to their great woe Cōmission commissio is for the most part in the vnderstanding of the common lawe as much as delegatio with the Civilians See Broke titulo commission and is taken for the warrant or letters patents that all men exercising iurisdiction either ordinarie or extraordinarie haue for their power to heare or determine any cause or action Of these see diuers in the table of the Register originall verbo Commissio yet this word sometime is is extended farder then to maters of iudgement as the commission of purveiours or takers anno 11. H. 4. ca. 28. But with this epitheton high it is most notoriously vsed for the honourable commission court instituted and founded vpon the statute 1. Eliza. ca. 1. for the ordering and reformation of all offences in any thing appertaining to the iurisdiction ecclesiasticall but especially such as are of higher nature or at the least require greater punishment then ordinarie iurisdiction can afford For the world being growne to that loosenes as not to esteeme the censure of excommunicatiō necessitie calleth for those censures of fynes to the prince and imprisonment which doe affect men more neerely Commission of rebellion Commissio rebellionis is otherwise called a writte of rebellion breue rebellionis and it hath vse when a man after proclamation made by the Shyreeue vpon an order of the channcerie or court of Starre chamber vnder penaltie of his allegance to present himselfe to the court by a certaine day appeareth not And this commission is directed by way of commaund to certaine persons to this end that they or three two or one of them doe apprehend or cause to be apprehend the party as a rebell and contemner of the kings lawes wheresoeuer they find him within the kingdome and bring him or cause him to be brought to the courte vpon a day therein assigned The true copie of this commission or writ you haue in Cromptons diuers Iurisdictions Court de Starre chamber as also in West tractat touching proceedings in Chancerie Sectio 24. Commissioner commissionarius is he that hath commission as leters patents or other lawfull warrant to execute any publike office as commissioners of the office of fines and licenses West parte 2. symbol titulo Fines sect 106. commissioners in eyre an 3. Ed. 1. ca. 26. with infinite such like Committee is he to whome the consideration or ordering of any mater is referred either by some court or consent of parties to whome it belongeth As in Parlament a bille being read is either consented vnto and passed or denied or nether of both but referred to the consideration of some certaine men appointed by the house farder to examine it who thereupon are called committees Committee of the King West par 2. symbo titulo Chancerie sect 144. This word seemeth to be something strangely vsed in Kitchin fo 160. where the widow of the kings tenent being dead is called the cōmittee of the king that is one committed by the auncient law of the land to the kings care and protection Common bench bancus communis is vsed some time for the court of common plees anno 2. Ed. 3. ca. 11. So called as M. Camden saith in his Britannia pa. 113. quia communia placita inter subditos ex iure nostro quod communae vocant in hoc disceptantur that is the plees or controuersies tryed betweene common persons Common fine finis communis of this Fleta hath these words Quibus expeditis speaking of the businesse finished by Iustices in eyre consueverunt Iusticiarii imponere villatis iuratoribus hundredis toti comitatui concelamētum omnes separatim amerciare quod videtur voluntarium cùm de periurio concelamento non fuerint convicti sed potius dispensandum esset cumeis quod animas in statera posuerint pro pacis conservatione li. 1. cap. 48. § Quibus And a litle following § Et provisum he hath these words Et provisum est quòd communes misericordiae vel fines comitatuum amerciatorumin finibus itinerum Iusticiariorum ante recessum ipsorum Iustitiariorum per sacramenta militum aliorum proborum hominum de commitatu eodem affidentur super eos qui contribuere debent vnde particulae Iusticiariis liberentur vt cum aliis extractis suis ad Scaccarium liberare valeant These last words of his haue relation to the statute Westminst
pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable as appeareth by the statute called Magna charta cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his readings saith that vntill the time that Henry the third granted the great charter there were but two courts in all called the Kings courts whereof one was the Exchequer and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was cōmanded by thē to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice of the court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the officers belonging to this court are these the custos breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commōs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositiō con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatiōs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas cōmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to
other thing that may be tried by the lawe of the land And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners iure feudi and why it is discontinued see Dyer fo 258. nu 39. Out of this high magistracie saith M. Lamberd were drawen these lower constables which we call constables of hundreds franchises and first ordeined by the statute of Winchester anno 13. Ed. 1. which appointeth for the conseruation of the peace and view of armour two constables in euerie hundred and franchise which in latine are called constabularii capitales And these be nowe a daies called high constables because continuance of time and increase both of people and offenfes hath againe vnder these made others in euery towne called petit constables in latine subconstabularios which are of like nature but of inferiour authoritie to the other as you may read at large in that learned mans treatise before named Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places called by this name as constable of the tower Ssawnf pl. cor fol. 152. anno 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict fo 132. constable of the exchequer anno 51. H. 3. statute 5. Constable of Douer castel Camdeni Britan. pa. 239. Fitzh nat br fo 240. otherwise called castellane Westm i. ca. 7. anno 3. Ed. i. But these be castellani properly as M. Lamberd noteth though conioined in name with the others See the statute anno 32. H. 8. ca. 38. M. Manwood parte prima ca. 13. of his forest lawes maketh mention of a constable of the forest Consuetudinibus seruities is a writ of right close which lyeth against the tenent that deforceth his lord of the rent or seruice dew vnto him Of this see more at large the Old nat br fo 77. Fitzh eodem fo 151. and the Register orig fo 159. Consultation consultatio is a writ whereby a cause being formerly remoued by prohibition from the ecclesiasticall court or court christian to the kings court is returned thither againe For the Iudges of the kings court if vpon comparing the libell with the suggestion of the party they do find the suggestion false or not proued and therefore the cause to be wrongfully called from the court christian then vpon this consultation or deliberation they decree it to be returned againe wherevpon the writ in this case obtained is called a consultation Of this you may reade the Register orig fo 44. 45. c. vsque fol. 58. Old nat br fo 32. Fitzh eodem fo 50. Contenement contenementum seemeth to be the free hould land which lyeth to a mans tenement or dwelling house that is in his owne occupation For in magna charta ca. 14. you haue these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the maner thereof sauing to him his contenement or free hould And a merchant likewise shal be amerced sauing to him his merchandies and any other villaine then owers shal be amerced sauing his wainage if he take him to our mercy And Bracton li. 3. tracta 2. ca. 1 nu 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti seoundùm quod delictum fuit magnum vel parvum saluo contenemento suo mercator verò non nisi salua merchandiza sua villanus nisi saluo Waniagio suo which mercy seemeth to haue bene learned from the ciuile lawe whereby executio non potest fieri in boues aratra aliaue instrumenta rusticorum l. executores Authen Agricultores Co quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei indica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate Π. de verbo significa Quae tamen rusticorum militum scholarium priuilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Iohan. Eimericus in processu indiciario cap. de Executione senten 79. num 11. Continuance seemeth to bee vsed in the common law as prorogatio is in the ciuile lawe For example Continuance vntil the next assise Eitz nat br fol. 154. F. and 244. D. in both which places it is sayde that if a record in the treasurie be alledged by the one partie and denyed by the other a certiorari shall be siewed to the Treasurer and the chamberlaine of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in the Tower the king shall send to the Iustices repeating the certificate and will them to continue the assise In this signification it is likewise vsed by Kitchin fol. 202. 199. and also anno 11. H. 6. cap. 4. Continuall claime continuum clameum is a claime made from time to time Within euery yere and day to land or other thing which in some respect we cannot attaine without daunger For example if I be disseised of land into which though I haue right vnto it I dare not enter for feare of beating it behooueth me to hold on my right of entry to the best oportunitie of me mine heyre by approching as neare it as I can once euery yere as long as I liue and so I saue the right of entry to mine heire Termes of law Againe if I haue a slave or villein broken from me and remaining any where within the auncient demesn of the king being in the handes of the king I cannot maintaine the writ de nativo habendo as long as he continueth there but if I claime him within the yeare and the day and so continue my claime vntill I can find him within that compasse I may lawfully lay hold of him as mine owne Fitz. nat br fol. 79. See more in Litleton verbo Continuall claime And the new booke of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a covenant or agreement with a lawfull consideration or cause West parte prim symbol lib. 1. Sect. 10. and lib. 19. Π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum vt vel vterque invicem vel alteruter obligetur Who so will throughly examine the difference betweene this and pactū and such other words something like in signification let him search the civilians and he shall find worke both pleasant and profitable and well fitting the common lawe also Contra formam collationis is a writ that lyeth against an abbot or his successor for him or his heire that hath giuen land to an Abbey to certaine good vses and findeth that the Abbot or his successour hath made a feofment thereof with the assent of the tenents to
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii aliàs Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius Tilburiensis whose words you may read in him This court is taken from the Normans as appeareth by the grand Custumarie cap. 56. where you may finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta cōmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his tenēt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
guardeyn of the spiritualties may be either Guardeyn in lawe or Iure Magistratus as the Archbishop is of any Dioces within his prouince or guardian by delegation as he whom the Archbishop or Vicar generall doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the iurisdiction of those hauens in the east part of England which are commonly called the Cinque ports that is the fiue hauens who there hath all that iurisdiction that the Admirall of England hath in places not exempt The reason why one Magistrate should be assigned to these few hauens seemeth to be because they in respect of their situation aunciently required a more vigilant care then other hauens being in greater daunger of invasion by our enemies by reason that the sea is narrower there then in any other place M. Camden in his Britannia pag. 238. saith that the Romaines after they had setled themselues and their Empire here in England appointed a Magistrate or gouernour ouer those East partes whom they tearmed Comitem littoris Saxonici per Britanniam hauing another that did beare the same title on the opposite part of the sea whose office was to strengthen the sea coasts with munition against the outrages and robberies of the Barbarians And farder signifieth his opinion that this Warden of the Cinque ports was first erected amongst vs in imitation of that Romaine policie See Cinque ports Gare anno 31. Fd. 3. cap. 8. is a course wooll full of staring haires as such as groweth about the pesill or shankes of the sheepe Garnishment commeth of the French Garnir i. instruere It signifieth in our common lawe a warning giuen to one for his appearance and that for the beter furnishing of the cause and court For example one is siewed for the detinew of certaine euidences or charters and saith that the euidences were deliuered vnto him not onely by the plaintiffe but by another also and therefore prayeth that that other may be warned to pleade with the plaintiffe whether the said conditions bee performed yea or no. And in this petition he is said to pray garnishment New booke of Entries fol. 211. colum 3. Termes of the lawe Cromptons Iurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the court with parties sufficient throughly to determine the cause because vntill he appeare and ioyne the defendant as Fitzh saith is as it were out of the court nat br fol. 106. G. and the court is not prouided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same mind cap. 28. where he saith that contracts be some naked and sans garnment and some furnished or to vse the literall signification of his word appareled but a naked obligation giueth no action but by common assent And therefore it is necessarie or needfull that euery obligation be appareled And an obligation ought to be appareled with these fiue sortes of garnements c. Howbeit I reade it generally vsed for a warning in many places and namely in Kitchin fol. 6. Garnisher le court is to warne the court And reasonable garnishment in the same place is nothing but reasonable warning and againe fol. 283. and many other authours also But this may be well thought a Metonymie of the effect because by the warning of parties to the court the court is furnished and adorned Garrantie See Warrantie Garter Garterium commeth of the french Iartiere or Iartier i. periscelis fascia poplitaria It signifieth with vs both in diuers statutes and otherwise one especiall garter being the ensigne of a great and noble societie of knights called knights of the garter And this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Poeta among the Graecians was Homer among the Romanes Virgill because they were of all others the most excellent This high order as appeareth by M. Camden pag. 211 and many others was first instituted by that famous king Edward the third vpon good successe in a skirmish wherein the kings garter I know not vpon what occasion was vsed for a token I know that Polidore Virgill casteth in an other suspition of the originall but his groundes by his owne confession grew from the vulgar opinion yet as it is I will mention it as I haue read it Edward the third king of England after he had obtained many great victories King Iohn of Fraunce King Iames of Scotland being both prisoners in the tower of London at one time and king Henry of Castile the bastard expulsed and Don Pedro restored by the prince of Wales did vpon no weighty occasion first erect this order in anno 1350. viz. He dauncing with the Queene and other ladies of the court tooke vp a garter that happened to fall from one of them whereat some of the lords smiling the king said vnto them that eare it were long he would make that garter to be of high reputation shortly after instituted this order of the blew garter which euery one of the order is boūd daily to weare being richly decked with gold and pretious stones and hauing these words written or wrought vpon it Honi soit qui mal y pence which is thus commonly interpreted euill come to him that euill thinketh but I thinke it might be better thus Shame take him that thinketh euill See knights of the garter M. Fearne in his glory of generosity agreeth with M. Camden and expressier setteth downe the victories whence this order was occasioned whatsoeuer cause of beginning it had theorder is inferiorto none in the world consisting of 26. martiall and heroicall nobles whereof the king of England is the cheif and the rest be either nobles of the realme or princes of other countries friends and confederates with this realme the honour being such as Emperours and Kings of other nations haue desired and thankfully accepted it He that will reade more of this let him repaire to M. Camden and Polidore and M. Fern. fol. 120. vbi supra The Ceremonies of the chapter proceeding to election of the inuestures and robes of his installation of his vowe with all such other obseruances see in M. Segars new booke intituled Honour militarie and ciuile li. 2. ca. 9. fo 65. Garter also signifieth the principall king at armes among our English Heralds created by king Henry the 5. Stow. pa. 584. Garthman anno 13. R. 2. stat 1. ca. 19. anno 17. eiusd cap. 9. Gavelet is a speciall and auncient kinde of Cessauit vsed in Kent where the custome of Gavill kind continueth whereby the tenent shall forfeit his lands and tenements to the Lord of whome he holdeth if he withdraw from him his due rents and seruices The new Expounder of lawe Termes whom reade more at large I reade this word anno 10. Ed. 2. cap. vnico where it appeareth to be a writ vsed
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
deliberandas quandoque ad vnicam vel duas non plures And by this meanes the Iustices of both benches being iustly to be accounted the fittest of all others and others their assistants as also the Sergeants at law may be imployed in these affaires who as grauest in yeares so are they ripest in iudgement and therefore likest to be voide of prociality for being called to this dignity they giue ouer practise anno 8. R. 2. cap. 3. but this alway to be remembred that neither Iustice of either bench nor any other may be Iustice of Assise in his owne country anno 8. Rich. 2. cap. 2. anno 33. H. 8. cap. 24. lastly note that in these daies though the selfe same men dispatch busines of so diuers natures and all at one time which were wont to be performed by diuers and at seuerall times yet they doe it by seuerall commissions Cromptons Iurisdictions fo 210. For those who be in one word called Iustices of circuit and twice euery yeare passe by two and two through all Englād haue one cōmission to take Assises another to deliuer Goales another of oyer and terminer That Iustices of Assise and Iustices in Eyre did aunciently differ it appeareth an 27. Ed. 3. cap. 5. and that Iustices of Assise Iustices of goale deliuery were diuerse it is euident by anno 4. Fd. 3. cap. 3. The oath taken by Iustices of assise is all one with the oath taken by the Iustices of the kings bench Ould abridgement of statutes titulo Sacramentum Iusticiariorum See Oath Iustices of oyer and terminer Iusticiarii ad audiendum terminandum were Iustices deputed vpon some especiall or extraordinary occasion to heare and determine some or more causes Fitzherberd in his natura beruium saith that the commission d' oyer and terminer is directed to certaine persons vpon any great assembly insurrection hainous demeanure or trespasse committed And because the occasion of granting this commission should be maturely wayed it is prouided by the statute anno 2. Ed. 3. cap. 2. that no such commission ought to be graunted but that they shal be dispatcheo before the Iustices of the one bench or other or Iustices errāts except for horrible trespasses that by the especial fauour of the King The forme of this cōmission see in Fitzh natura breu fol. 110. Iustices in Eyre Iusticiarii itinerantes are so termed of the French Erre i. iter which is an old word as a grand erre i. magnis iteneribus prouerbially spoken the vse of these in auncient time was to send them with commission into divers counties to heate such causes especially as were termed the plees of the crowne and therefore I must imagine they were so sent abroad for the ease of the subiects who must els haue beene hurried to the kings bench if the cause were too high for the countie court They differed from the Iustices of oyer and terminer because they as is aboue said were sent vpon some one or fewe speciall cases and to one place whereas the Iustices in Eyre were sent through the prouinces and counties of the land with more Indefinite and generall commission as appeareth by Bracton lib. 3. cap. 11. 12. 13. and Britton cap. 2. And againe they seeme to differ in this because the Iustices of oyer and terminer as it is before said were sent vncertainly vpon any vproare or other occasion in the country but these in Eyre as M. Gwin setteth downe in the preface to his reading were sent but euery seuen yeare once with whome Horn in his myrrour of Iustices seemeth to agree lib. 2. cap. queux poient estre actours c. and lib. 2. c. des peches criminels c. al suyte de Roy c. and lib. 3. c. de Iustices in Eyre where he also declareth what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fo 313. b. hath of them these wordes Iusticiarij itinerantes constituti per Henricum secundum i. qui diuisit regnum suumin sex partes per quarum singulas tres Iusticiarios itinerantes constituit quorum nomina haec sunt c. Iustices of Gaol deliuery Iusticiarii ad Gaolas deliberandas are such as are sent with commission to heare and determine all causes apperteining to such as for any offence are cast into the Gaol part of whose authoritie is to punish such as let to mainprise those prisoners that by lawe be not bayleable by the statute de finibus cap. 3. Fitzh nat br f. 251. I. These by likelyhoode in auncient time were sent to countries vpon this seuerall occasion But afterward Iustices of Assise were likewise authorised to this anno 4. Ed. 3. cap. 3. Their oath is all one with other of the kings Iustices of either bench Ould Abridgement of statutes titulo Sacramentum Iusticiariorum See Othe Iustices of labourers were Iustices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or haue vnreasonable wages See anno 21. Eduardi 3. cap. primo anno 25. eiusd cap. 8. anno 31. eiusdem cap. 6. Iustices of Nisi prius are all one now a daies with Iustices of Assises for it is a common Adiournment of a cause in the common plees to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas and vpon this clause of Adiournment they are called Iustices of Nisi prius as well as Iustices of Assises by reason of the writ or action that they haue to deale in their commission you may see in Cromptons Iurisdsctious fol. 204. yet M. Crompton maketh this difference betweene them because Iustices of Assise haue power to giue iudgement in a cause but Iustices of Nisi prius only to take the verdict But in the nature of both there functions this seemeth to be the greatest difference because Iustices of Nisi prius haue to deale in causes personall as well as reall wheras Iustices of Assise in strict acception deale only with the possessory writs called Assises Iustices of trial bastō alias of trayl baston were a kind of Iustices appointed by King Edward the first vpon occasion of great disorder growne in the Realme during his absence in the Scottishe and French warres they are called in the ould nat bre f. 52. Iustices of triall Baston but by Holynshed and Stow in Edw. pri of Traile baston of trailing or drawing the staffe as Holinshed saith Their office was to make inquisition through the Realme by the verdict of substantiall Iuries vpon all officers as Mayors Shyreeues Bailifes escheatours others touching extortion briberies and other such greeuances as intrusions into other mens lands and Barratours that vsed to take mony for beating of men and also of them whom they did beate by meanes of which inquisitions many were punished by death many by ransome and so the rest flying the
anno 1. Iac. cap. 33. conteineth 12. dozen of hides or skins Latitat is the name of a writ whereby all men in personall actions are called originally to the Kings bench Fitz. nat br fo 78. M. And it hath the name from this because in respect of their beter expedition a man is supposed to lurke and therefore being serued with this writ he must put in securitie for his appearance at the day for latitare est se malitiosè occultare animo fraudandi creditores suos agere volentes l. Fulcinius § Quid sit latitare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quibus ex causis in possessionem eatur But to vnderstand the true original of this writ it is to be knowne that in auncient time whilest the kings bench was moueable and followed the court of the King the custome was when any man was to be siewed to send forth a writ to the Shyreeue of the county where the Court lay for the calling him in and if the Shyreeue returned non est inventus in baliva nostra c. then was there a second writ procured foorth that had these words testatum est eum latitare c. and thereby the Shyreeue willed to attach him in any other place where he might be found Now when the tribunall of the Kings bench came to be setled at Westminster the former course of writ was kept for a long time first sending to the Shyreeue of Midlesex to summon the party and if he could not be found there then next to apprehend him wheresoeuer But this seeming too troublesome for the subiect it was at last deuised to put both these writs into one and so originally to attache the party complained of vpon a supposall or fiction that he was not within the county of Middlesex but lurking else where and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a writ directed to the Shyreeue of the county where he is suspected to be and by this writ a man being brought in is committed to the Marshall of that court in whose custodie when he is then by reason he is in the same countie where the Kings bench is he may be siewed vpon an action in that court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that court I haue bene enformed that the bringing of these actions of trespas so ordinarily to the kings bench was an inuention of Councelers that because onely Sergeants may come to the common plees barre found a meanes to set themselues on worke in that court The forme of this writ is such Iacobus Dei gratia Angliae Francis Scotiae Hiberniae Rex fidei defensor c. Vicecomiti Cantabrigiae salutem Cum Vicecomitinostro Midlesexiae nuper praeceperimus quod caperet Thomam T. Wilielmum W. si inuenti fuissent in balliua sua eos saluo custodiret ita quòd haberet corpora eorum coram nobis apud Westminster die veneris proximo post octavas Sanctae Trinitatis ad respondendum Roberto R. de placito trangressionis cumque vicecomes noster Midlesexiae ad diem illum nobis returnauerit quod praedicti Thomas T. Wilielmus W. non sunt inuenti in balliua sua super quo ex part praedicti Roberti in curia nostra coram nobis sufficienter testatum est quòd praedicti Thomas Wilielmus latitant discurrunt in comitatu tuo Idcirco tibipraecipimus quòd capias eos si inveÌ„tifuerint in balliua tua eos salvo custodias it a quod habeas corpora eorum coram nobis apud Westminster die Martis proximo post tres septimanas eodem Trinitatis ad respondendum praefato Roberto deplacito praedicto habeas ibi tunc hoc breve Teste Iohanne Pâ—pham apud Westminster Roper Launcegay anno 7. Rich. secundi cap. 13. Law lex cometh of the Saxon lah the generall significatioÌ„ is plaine only this I thought to note that the law of this land hath beene variable For first Dunwallo Mulmutius otherwise Molincius a Brittaine that being Duke of Cornwall reduced the whole land formerly seuered by ciuile wars into the state of a Monarchy made certaine wholsome lawes which long after were called Mulmutius lawes and by Gyldas translated out of the Bryttish tongue into latine Stow in his Annals pag. 16. Of these there remaine yet certaine heads recorded by our historiographers as followeth 1. vt Deorum templa ciuitates hominum consequantur tantam dignitatem ne quis illò confugiens extrahipossit antequà m ab eo quem laeserat veniam impetraverit 2. vt huiusmods privilegium immunitatis habeant etiam ipsae viae quae ducunt ad templa ad vrbes 3. Imo iumenta quoque illa quae res rusticae subueniunt 4. Denique colonorum aratra ipsa tali praerogativa libertatis perfruantur 5. Hoc amplius vt ne quaterra vacaret culturâ neve populus inopia reifrumentariae premeretur aut ea minueretur si pecora sola occuparent agros qui ab hominibus coli dobent 6. Constituit quot aratra quaelibet dioece sis haberet ac poenam statuit iis per quos ille numerus aratrorum foret diminutus 7. Item vetuit bovem aratorâ—m pro debito pecuniae assignari debitoribus si alia bonae debitoris essent Ita fore ne compendii causa homines pecuarii agros incultos redderent sic etiam fore ne quid carum rerum quas natura praebet hominibus vsquam deesse posset Rich. Vitus historiarum Britanniae li. 3. nu 1. And of these lawes we finde no obscure remanets in our lawes now in vse See Magna charta ca. 1 câ— 14. See Sanctuary See Peace Then was there a lawe called Merchenlage whereby the Mercians were gouerned being a kingdome in the heart of the land conteining those countries that be nowe called Northampton shire Leycester shire Rutland shire Lincolne shire Nottingham shire and Derby shire Camd. Britan. pag. 94. whose power was great in the Heptarchy of the Saxons vntill at the last they were conquered by the west Saxons and made subiect to them Polydor. in Angl. Hist lib. 5. But whereas the name of these lawes sauoureth of the Saxons time it is reported by others that Martia a very learned Queene and wife to Quintelinus a Britton king was the author of them long before the Saxons set foote in England Rich. Vitus histo Britan. li. 3. nu 14. who also saith that Alphred the Saxon King translated both these and also those of Mulmutius into the English or Saxon tongue Thirdly there was the lawe of the west Saxons called west Saxenlage and the lawe of the Danes when they set foote into the Realme called Denelage And of these lawes Edward made one lawe as some write whereby he ruled his kingdome But M. Camd. vbi supra speaking nothing of
time exhorting them ne merces tam viles tanti emerent Parke parcus commeth of the French parquer i. vallo vel fossa circundare It signifieth with vs a peece of grounde inclosed and stored with wild beastes of chase Which a man may haue by prescription or the kings graunt Cromptons Iurisd fol. 148. M. Manwood parte pri of his Forest lawes pag. 148. defineth it thus A parke is a place of priuiledge for wilde beastes of venerie and also for other wild beasts that are beasts of the Forest and of the chase tam syluestres quam campestres And all those wild beastes are to haue a firme peace and protectioÌ„ there So that no man may hurt or chase them within the park without licence of the owner of the same Who also fol. 149. saith thus A parke is of another nature then either a chase or a warren is For a parke must bee inclosed and may not lye ope for if it doe that is a good cause of seisure of the same into the hands of the king as a thing forfeited as a free chase is if it be enclosed And moreouer the owner cannot haue action against such as hunt in his park if it lye open See Forest See Chase See Warren This word Parke Baldwinus deriueth a paradiso eumque locum esse dicit in quo varia animalia ad vsum voluptatis aut venationis includuntur possidentur adempta naturali libertate Ad tit de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a pound and taketh out beasts thence which for some trespas done vpon another mans ground are lawfully impounded Register originall fol. 166. Fitzh nat br fol. 100. Parish parochia commeth of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Accolarum conuentus accolatus sacra vicinia it is vsed in the Cannon law some time for a Bishoprick But in our common law it signifieth the particular charge of a secular priest For euery church is either Cathedrall Couentuall or Parochiall Cathedrall is that where there is a Bishop seated so called a Cathedra Conuentuall consisteth of Regular clerks professing some order of religion or of Deane and chapter or other colledge of spirituall men Parochiall is that which is instituted for the saying of diuine seruice and ministring the holy Sacraments to the people dwelling within a certaine compas of ground neare vnto it Our Realme was first diuided into parishes by Honorius Archb of Canterbury in the yeare of our Lord. 636. Camden Britan. pag. 104. Of these parish churches I finde there were in England in the daies of H. 8. the number of 45000. Hotoman in his disputations de feudis ca. 2. maketh mention of this word parochia out of Pomponius Laetus in these words Nam sic quoque Pomponius Laetus veterem consuetudinem fuisse scribit eamque ab Imperat 〈…〉 Constantino repetitam vt Duc 〈…〉 praefectis Tribunis qui pro augendâ— Imperio consenuerant darentur agri villaeque vt necessaria suppet 〈…〉 quoad viuerent quas paroehias cabant And a litle after ver 〈…〉 inter feuda parochias hoc 〈…〉 est quod hae plerumque senibus 〈…〉 veteranis plerisque emeritae 〈…〉 dabantur qui cum de Rep. bene meriti essent publico beneficio reliquum vitae sustentabant aut si quod bellum nasceretur euocati non tam milites quà m magistri milituÌ„ viderentur Feuda vero plurimum Iâ—â—enibus robustis primo flore aetatis qui militiae munus sustinere poteraÌ„t imo verò vt posseÌ„t vt velleÌ„t c. Parlament parlamentum is a French word signifiing originally as much as Collocutio or colloquium but by vse it is also taken for those high courts of Iustice throughout the kingdome of Fraunce where mens causes and differences are publikely determined without farder appeale Whereof there be seuen in number as Paris Tolouse Gresnoble in Daulphene Aix in Prouence Bordeaux Diion in Bourgogine and Roan in Normandy Vincentius Lupanus de Magistrat Franc. lib. 2. cap. Parlamentum num 28. whereunto Gerard de Haillon addeth the eighth viz. Rhenes in Brettagne In England we vse it for the assembly of the king and the three estates of the Realme videlicet the Lords Spirituall the Lords Temporall and commons for the debating of maters touching the common wealth and especially the making and correcting of lawes which assembly or court is of all other the highest and of greatest authoritie as you may reade in Sir Thomas Smith de Repub. Anglo lib. 2. cap. 1. 2. Camd. Britan. pag. 112. and Cromptons Iurisd fol. pri seqq The institution of this court Polydor Virgil lib. 11. of his Chronicles referreth after a sort to Henry the first yet confessing that it was vsed before though verie seldome I find in the former prologue of the Grande Custumarie of Normandie that the Normans vsed the same meanes in making their lawes And I haue seene a monument of Antiquite shewing the maner of houlding this parlament in the time of King Edward the sonne of King Etheldred which as my note saith was deliuered by the discreeter sorte of the Realme vnto William the Conquerour at his commaundement allowed by him This writing beginneth thus Rex est caput principium finis parlamenti ita non habet parem in suo gradu Et sic ex Rege solo primus gradus est Secundus gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per BaroniaÌ„ tenentibus Tertius gradus est de procuratoribus cleri Quartus gradus est de Comitibus Baronibus aliis Magnatibus Quintus gradus est de militibus Comitatuum Sextus gradus est de civibus Burgensibus ita est parlamentum ex sex gradibus sed sciendum licet aliquis dictorum quinque graduum post Regem absens fuerit dum tamen omnes praemoniti fuerint per rationabiles summonitiones parlamentum nibilo minus censetur esse plenum Touching the great authoritie of this court I finde in Stowes Annalls pag. 660. that Henry the sixth directing his priuie seale to Richard Earle of Warwicke thereby to discharge him of the Captainship of Cales the Earle refused to obey the priuie seale and continued forth the said office because he receiued it by Parlament But one example cannot make good a doctrine And of these two one must needes be true that either the king is aboue the Parlament that is the positiue lawes of his kingdome or els that he is not an absolute king Aristotle lib. 3. Politico cap. 16. And therefore though it be a mercifull policie and also a politique mercie not alterable without great perill to make lawes by the consent of the whole Realme because so no one part shall haue cause to complaine of a partialitie yet simply to binde the prince to or by these lawes weare repugnant to the nature and constitution of an absolute monarchy See Bracton lib. 5.
tract 3. ca. 3. nu 3. and Cassan de consuet Burg pag. 335. and Tiraquel in his booke De Nobilitate cap. 20. pag. 68. nu 26. See the statute anno 31. H. 8. cap. 8. in prooemio and many excellent men more that handle this point That learned Hotoman in his Francogallia doth vehemently oppugne this ground as some other that write in corners but he is so cleane overborne by the pois of reason that not onely many meaner men for learning triumph ouer him in this case but himselfe as I haue credibly hard vpon the sight of his fault cried God and the world mercie for his offence in writing that erroneous and seditious booke The Emperours of Rome had their semestria consilia their praetorium or place of councell builded by Augustus in his palace and therevpon called palatium afterward termed consistorium where they as in their principall court did both determine the greatest sort of their causes and also made their constitutions And heere had they assisting them many of the wisest of their empire whome Augustus first called consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enioyed many priuiledges Yet were they but assistants to the Emperour to aduise him not chalenging any power ouer him or equal with him More touching the course and order of this Parlament see in Cromptons Iurisdict fol. pri seqq and Vowell aliâs Hooker in his booke purposely writen of this mater See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is vsed in Kitchin fol. 193. for a plee in court It is also sometime ioyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Persona commeth of the French Personne It peculiarly signisieth with vs the Rector of a church the reason whereof seemeth to be bicause he for his time representeth the church and susteineth the person thereof as well in siewing as being siewed in any action touching the same See Fleta lib. 6. ca. 18. Parson impersonee persona impersonata is he that is in possession of a church whether appropriated or not appropriated for in the new booke of Entries verbo Ayde in Annuity you haue these words Et praedictus A dicit quod ipse est persona praedictae ecclesiae de S. impersonata in eadem ad praesentationem E. patronissae c. So I haue reason to thinke that persona is the patrō or he that hath right to giue the benefice by reason that before the Lateran councell he had right to the tithes in respect of his liberalitie vsed in the erection or endowment of the church quasi sustineret personam ecclesiae and he persona impersonata to whome the benefice is giuen in the patrons right For I reade in the Register Iudiciall personam impersonatam for the Rector of a benefice presentatiue and not appropriated fol. 34. b. and see Dyer fol. 40. nu 72. where he saith that a Deane and chapter be persons impersonees of a benefice appropriated vnto them who also fol. 221. num 19. plainly sheweth that persona impersonata is he that is inducted and in possession of a benefice So that persona seemeth to be termed impersonata onely in respect of the possession that he hath of the benefice or Rectorie be it appropriated or otherwise by the act of another And yet I haue talked with men of good opinion in the common lawe that hold onely the proprietarie of a benefice to be the person personee But if that weare true he should rather be called person parsonnier i. partiarius vel particeps fructuum because the Vicare hath some parte toward his paines in seruing the cure For parsonnier in the french tongue is partiarius or particeps Partes finis nihil habuerunt c. is an exception taken against a fine levied Cookes reports lib. 3. the case of Fines fol. 88. a. b. Parters of gold and siluer See Finours Partitione facienda is a writ that lieth for those which hould lands or tenements Pro Indiuiso and would seuer to euery one his part against him or them that refuse to ioyne in partition as Coparceners and Tenents in Gauel kind ould nat br fol 142. Fitzh nat br fol. 61. Register orig fol. 76. 316. and Register Iudiciall fol. 80. and the new booke of Entrise verbo Partition Part let seemeth to be some part of a mans attire as namely some loose collar of a dublet to be set on or taken of by it selfe without the bodies as mens bands or womens neckirchiefs be which are in some places or at least haue beene within memory called partlets This word is reade in the statute anno 24. H. 8. ca. 13. and seemeth to be a diminutine of the word part Paruo nocumen to is a writ See Nusance Passage Passagium is a French word signifying transitum transitionem meatum It signifieth in our common lawe the hire that a man payeth for being transported ouer sea anno 4. Ed. 3. cap. 7. or ouer any riuer Westm 2. cap. 25. anno 13. Ed. pri Passagio is a writ to the keepers of ports to let a man passe ouer that hath license of the king Register originall fol. 193. b. 194. a. Passeport is compounded of two French words Passer i. perambulare transire and port i. portus It signifieth with vs a license made by any that hath authoritie for the safe passage of any man from one place to another anno 2. Ed. 6. ca. 2. Pasuage pasuagium See Pawnage Patent literae patentes is different from a writ Cromptons Iurisd fol. 126. The Coroner is made by writ and not by patent See Leters patents See also Literae patentes in the table of the Register where you shall finde the forme of diuers patents Patron Patronus is vsed in the Ciule lawe for him that hath manumitted a seruant and thereby is both iustly accompted his great benefactor and challengeth certaine reverence and dutie of him during his life see the title De iure patranatus in the Digest with the Feudists it is vsed pro authore feudi Hotom verbo Patronus in his commentarie de verbis feudal In the canon lawe as also in the feuds and our common lawe it signifieth him that hath the gift of a benefice And the reason is because the gift of churches and benefices originally belonged vnto such good men as either builded them or els indowed them with some great part of the reuenew belonging vnto them De iure patronatus in the Decretals Such might well be called patrons as builded the Church or inriched it but these that now haue the gift of a benefice are more commonly patronized by the Church though against her will alway selling their presentations as deerely as they can and therefore may be called Patroni a patrocinando as
if they thinke good And the later course is taken most commonly where there is feare of strife and contention betweene the kindred and freinds of the party deceased about his goods For a will proued only in common forme may be called into question any time within 30. yeares after by common opinion before it worke prescription Procedendo is a writ whereby a plee or cause formerly called from a base court to the Chaūcerie Kings bench or commō plees by a writ of priuiledge or certiorare is released and sent downe againe to the same court to be proceded in there after it appeareth that the defendant hath no cause of priniledge or that the mater comprised in the bille be not well proned Brooke hoctitulo and Termes of lawe Cooke vol. 6. fol. 63. a. See anno 21. R. 2. cap. 11. in fine leters of procedendo graunted by the keeper of the priuie scale See in what diuersitie it is vsed in the table of the originall Register and also of the Iudiciall Proces Processus is the maner of proceeding in euery cause be it personall or reall ciuile or criminall even from the originall writ to the end Britton fol. 138. a. where in there is great diuersitie as you may see in the table of Fitzh br verbo Proces and Brookes Abridgement hoc titulo And whereas the wtitings of our common lawyers sometime call that the proces by which a man is called into the court and no more the reason thereof may be giuen because it is the beginning or the principall part thereof by which the rest of the busines is directed according to that saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diucrs kinds of proces vpon Inditements before Iustices of peace See in Cromptons Iustice of peace fol. 133. b. 134. 135. But for orders sake I referre you rather to M. Lamberd in his tractat of ptocesses adioyned to his Eirenarcha who acording to his subiect in hand diuideth criminall proces either into proces touching causes of treason or selonie and proces touching inferiour offēces the former is vsually a capias capias aliâs exigi facias The second is either vpon enditement or presentment or information that vpon enditement or presentment is all one and is either generall and that is a venire facias ' vpon which if the partie be returned sufficient then is sent out a Distringas infinite vntill he come if he be returned with a Nibil habet then ifsueth out a Capias Capias aliâs Capias pluries and lastly an Exigifacias The speciall proces is that which is especially appointed for the offēce by statute for the which he referreth his reader to the 8. Chapter of his 4. booke being very different Processium continuando is a writ for the continuance of a proces after the death of the cheife Iustice in the writ of oyer and terminer Register originall fol. 128. a. Prochein Amy Proximus amicus vel propinquior is word for word a neere freind It is vsed in our common lawe for him that is next of kinde to a childe in his nonage and is in that respect allowed by lawe to deale for him in the managing of his affaires as to be his Gardian if he hold of any in socage and in the redresse of any wrong done vnto him be it by his Gardian if he be ward and hold in Chiualrie or any others Statut. West pri cap. 48. 3. Ed. pri and Westm 2. cap. 15. anno 13. Ed. pri Profe aliâs Prove is vsed for an Enquest anno 28. Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publikely giuen of any thing whereof the King thinketh good to advertise his subiects So it is vsed anno 7. Rich. 2. ca. 6. Proclamation of rebellion is a publike notice giuen by the officer that a man not appearing vpon a Sub poena nor an attachment in the Starre Chamber or Chauncerie shal be reputed a rebell except he render himselfe by a day assigned Cromptons Iurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notice openly and solemnly giuen at all the Assises that shall be holden in the Countie within one yeare after the ingrossing of the fine and not at the foure generall quarter sessions And these proclamations be made vpon transcripts of the fine sent by the Iustices of the Common plees to the Iustices of Assise and the Iustices of peace West parte 2. symbol titulo Fines sect 132. where also you may see the forme of the proclamarion Proclamare est palā valde clamare vsed by Tullie Liuie and the Civilians Π. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causam agit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamatorem aut rabulam hoc sermone conquirimus c. I reade in Fitzh nat br fol. 85. C. that the kings proclamation is sufficient to stay a subiect from going out of the Realme See the force of proclamations anno 31. H. 8. cap. 8. see also Proclamations in diuers cases Newe booke of Enteries verbo Proclamation Procters of the clergie procuratores cleri are those which are chosen and appointed to appeare for cathedrall or other Collegiat churches as also for the common clergie of euery Dioces at the Parlament whose choice is in this sort First the king directeth his writ to the Archebishop of each province for the summoning of all Bishops Deanes Archdeacons cathedrall and collegiat churches and generally of all the clergie of his prouince after their best discretion and iudgement assigning them the time and place in the said writ Then the Archebishops proceede in their accustomed course One example may serue to shew both The Archebishop of Canterbury vpō his writ receiued directerh his leters to the Bishop of London as his Deane provincial 1. § statuimui de poenis verb. tanquam in glos first citing himselfe petemptorily and then willing him to cite in like maner all the Bishops Deanes Archedeacons cathedrall and collegiate churches and generally all the Clergie of his Prouince to the place and against the day prefixed in the writ But directeth withal that one Proctor sent for euery Cathedrall or Collegiat Church and two for the bodie of the inferiour Clergie of each Diocesse may suffice And by vertue of these leters authentically sealed the said Bishop of London directeth his like leters seuerally to the Bishop of euery Diocesse of the Prouince citing them in like sort and commaunding them not onely to appeare but also to admonish the said Deanes and Archdeacons personally to appeare and the Cathedral 〈…〉 and collegiat Churches as also the common Clergie of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and euery so monished by them in a shedule annexed to their leters certificatorie The Bishops proceed accordingly and the
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
either Bench Barons of the Exchequer Iustices of peace c. And those that be meere recognisances are not sealed but inrolled And execution by force thereof is of all the recognisours goods and chatels except his draught beasts and implements of husbandrie and of the moitie of his lands West parte prim symb lib. 2. titulo Recognisances sect 149. And of these you may see there great diuersitie of presidents Note farder that a Recognizance though in the speciall signification it do but acknowledge a certaine debt and is executed vpon all the goods and halfe the lands of the recognisour yet by extention it is drawne also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register original fol. 146. 151. 252. and by West vbi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these wordes in the statute West 1. c. 36. anno 3. Ed. 1. It is prouided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with roberie of any maner of goods or moueables by recognisance of Assise of nouel disseisin the iudgement shall c. In which place it is vsed for the verdict of the twelue men empaneled vpon an Assise which twelue are also called recognitours of the Assise Litleton fol. 72. So also Bracton calleth them lib. 5. tractat 2. cap. 9. num 2. in these words In essonio verò reddendo exigentur omnes illi quos causa tetigerit sicut particeps Warantus alii vt supra Recognitores in Assisis Iuratores in Iuratis Inquisitores in Inquisitionibus c. And againe lib. 3. tract prim cap. 11. num 16. See the Statute anno 20. Ed. prim stat 4. See the newe book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the common Bench for the sending of a record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appeare it may be disanulled Register original fol. 183. a. b. Recognitours recognitores is a word vsed for the Iurie empaneled vpon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongs signifieth an authenticall or vncontroulable testimonie in writing Britton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the Grand Custumarie of Normandie there are seuerall Chapters of diuers records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. chapter where you haue wordes to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he haue one other witnesse This record may he and other make if he himselfe will not make it it may be made by three others And his person may not bee impeached or excepted against either in this or any other thing The next chapter viz. the 103. sheweth how many persons suffise to make a record in the Exchequer The next how many in an assise c. I find not that wee in our Courts especially the Kings Courts stand much vpon the number of recorders or witnesses for the strength of the testimonie which the record worketh but that we take it sufficient which is registred in each Court Glanvile lib. 8. cap. 8. Bracton lib. 3. tract 2. cap. 37. num 4. Britton in the Proeme of his booke saith that the Iustices of the Kings Bench haue a record the Coroner Vicount Iustices of the Exchequer Iustices of Goale deliuerie the Steward of England Iustices of Ireland Iustices of Chester Iustices assigned by the Kings leters patents in those causes they haue commission to take knowledge of All which as I take it must be vnderstood with that caueat of Brooke titulo Record num 20 22. that an act committed to writing in any of the Kings Courts during the terme wherein it is written is alterable and no record but that terme once ended and the said act duly enrolled it is a record and of that credit that admitteth no alteration or proofe to the contrarie Yet see Sir Edward Cookes Reports lib. 4. Rawlins case fol. 52. b. ann 12. Ed. 2. cap. 4. It is said that two Iustices of either Bench haue power to record Non suites Defaults in the countrey It appeareth by Bracton lib. 5. tract 2. c. 1. 11. that quatuor milites babent recordum being sent to view a partie essoined de malo lecti and lib. 5. tract 1. cap. 4. nu 2. that Seruiens Hundredi habet recordum in testimonio proborum honinum And in the Statute of Carleil made anno 15. Ed. 2. it is said that one Iustice of either Bench with an Abbot or a Prior or a Knight or a man of good same and credence hath a record in the view of one that is said by reason of sicknesse to be vnable to appeare personally for the passing of a fine And anno 13. H. 4. cap. 7. anno 2. H. 5. cap. 3. that two Iustices of peace with the Shyreeue or Vndershyreeue haue power to record what they find done by any in a ryot or route c. That which is before mentioned out of Britton touching the Shyreeue seemeth to be limited by Fitzh nat br fol 81. D. Who alloweth him a Record in such maters onely as he is commaunded to execute by the Kings writ in respect of his office And thence it commeth that Kitchin fol. 177. saith that the Escheatour and Shyreeue be not Iustices of record but officers of record In which words he signifieth that their testimony is authenticall onely in some certaine things that are expresly inioyned them by vertue of their Commission as ministers to the King in his higher Courts whereas Iustices of record haue in generality a record for all things within their cognisance done before them as Iudges though not expresly or particularly commaunded Fitzherbert in his Nat br fo 82. in principio something explaneth this point writing to this effect Euery act that the Shyreeue doth by vertue of his commission ought to be taken as mater of record no lesse then the Iustices of peace His reasons be two the former he cause his patent is of record the other because he is a conseruatour of the peace And then he addeth that the plees held before him in his County be not of record Yet is the county called a Court of record Westm 2. ca. 3. anno 13. Ed. 1. But it seemeth by Britton cap. 27. that it is onely in these causes whereof the Shyreeue houldeth plee by especiall
for so as the partie who in equitie hath wrong can haue none ordinary remedie by the rules and course of the common lawe West part 2. symbol titulo Proceedings in Chauncerie sect 18. where you may reade many examples of such cases as sub poena lyeth in There is also a sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chauncerie as in orher courts And the name of both these proceede from words in the writ which charge the partie called to appeare at the day and place assigned sub poena centum librarum c. I find mention of a common sub poena in Cromptons Iurisdict fol. 33. which signifieth nothing else but such a sub poena as euery common person is called by into the Chauncerie whereas any Lord of Parlament is called by the Lord Chauncelers leters giuing him notice of the suit intended against him and requiring him to appeare Crompton eodem Subsidie subsidium commeth of the French subside signifying a taxe or tribute assessed by Parlament and graunted by the commons to be leuied of euery subiect according to the value of his lands or goods after the rate of 4. shillings in the pound for land and 2. shillings 8. pence for goods as it is most commonly vsed at this day Some hold opinion that this subsidie is graunted by the subiect to the Prince in recompence or consideration that whereas the Prince of his absolute power might make lawes of himselfe he doth of fauour admit the consent of his subiects therein that all things in their owne confession may be done with the greater indifferencie The maner of assessing euery mans lands or goods is this first there issueth a Commission out of the Chauncerie to some men of honour or worship in euery Countie by vertue thereof to call vnto them the head Constables or Bayliffes of euery Hundred and by them the Constable and three or foure of the substantiallest housholders in euery towne within their hundred at a day certaine which men so called or so many of them as the Commissioners thinke good to vse do rate the inhabitants of their owne towne in such reasonable maner as they find meete yet by the discretion of the said Commissioners And then euery man after his value set downe must at his time pay to the Collectour appointed after the rate aforesaid Yet in auncient time these subsidies seeme to haue beene graunted both for other causes as in respect of the Kings great trauell and expences in warres or his great fauours toward his subiects as also in other maner then now they be as euery ninth Lambe euery ninth fleece and euery ninth sheafe anno 14. Ed. 3. stat prins cap. 20. And of these you may see great varietie in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certaine rate but euen as the two houses shall thinke good to conclude Subsidie is in the statute of the land fometime confounded with custome anno 11. H. 4. cap. 7. See Beneuolence Suretie of peace securitas pacis is an acknowledging of a bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund either as a Minister when he is willed so to doe by a higher authoritie or as a Iudge when he doth it of his owne power deriued from his commission Of both these see Lamberd Eirenarcha lib. 2. ca. 2. pag. 77. see Peace see Supplicauit Suffragan Suffraganeus is a titular Bishop ordeined and assisted to aide the Bishop of the Dioces in his spirituall function c. Suffraganeus Extra de electione For the Etimology Suffraganes dicuntur quia eorum suffragiis causae ecclesiasticae iudicantur Ioach. Stephanus de Iurisd li. 4. ca. 16. nu 14. It was inacted anno 26. H. 8. ca. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Dioces and to present them to the King that he might giue the one of them such title stile name and dignity of sease in the saide statut specified as he should think conuenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our common law a following of another but in diuers senses the first is a suite in lawe and is diuided into suite reall and personall Kitchin fol. 74. which is all one with action reall and personal Then is there suite of Court or suite seruice that is an attendance which a tenent oweth at the court of his Lord. Fitzh nat br in Indice verbo Suite suyte seruice and suyte reall anno 7. H. 7. cap. 2. The newe expositour of lawe Termes maketh mention of foure sorts of suites in this signification Suite couenant suite custom suite reall and suite seruice Suite couenant he defineth to be when your auncester hath couenanted with mine auncester to siew to the court of mine auncesters Suite custome when I and mine auncesters haue beene seised of your owne and your auncesters suite time out of minde c. Suite reall when men come to the Shyreeues Turne or Leete to which court all men are cōpelled to come to knowe the lawes so that they may not be ignorant of things declared there how they ought to be gouerned And it is called reall because of their allegance And this appeareth by common exeperience when one is sworne his oath is that he shall be a loyall and faithfull man to the King And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there and ought to be done twice a yeare for default whereof he shall be amerced and not distreined I thinke this should be called rather regall or royall because it is performed to the King for royall The French word in the vsuall pronuntiation commeth neere to reall the leter o being almost suppressed see Leete Suyte seruice is to siew to the Shyreeues Turn or Leete or to the Lords court from three weekes to three weekes by the whole yeare And for default thereof a man shall be distreined and not amercied And this suite seruice is by reason of the tenure of a mans land Then doth suite signifie the following of one in chace as fresh suite West 1. c. 46. a. 3. Ed. 1. Lastly it signifieth a petition made to the prince or great personage Suyte of the Kings peace secta pacis Regis anno 6. R. 2. stat 2. ca. pri anno 21. eiusdem cap. 15. anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace by treasons insurrectiōs rebelliōs or trespasses Summoneas is a writ Iudiciall of great diuersitie according to the diuers cases wherein it is vsed which see in the table of the Register Iudiciall Summoner summonitor
to appeare there except their apparence be especially required vpon some extraordinary cause anno 25. H. 3. cap. 10. and Britton cap. 29. It seemeth to be called the Shyreeues Turn of the French word Tour. i. ambitus circuitus vicissitudo and is of Britton called Tour cap. 61. sub fine capitis as if we would say The Shyreeue his course for as Britton noteth in the said 29. chapter that which before the Shyreeue is called the Shyreeues Turne is called in the court of Fraunchises and Hundreds the view of Frank-pledge wherein inquirie is especially made of such as be not in any dozin with whome Fleta agreeth And by Fleta it appeareth that this Turn was the Shyreeues course to keepe his courtin euery Hundred lib. 2. cap. 52. in princip So that as the inferiour courts had their times to take knowledge of those and other causes belonging to their cognisance So the Shyreeue had his course or turne to doe the like at these two seuerall seasons That if there were any defects in them it might be redressed in these and Gods peace and the Kings so much the more carefully obserued This as Lamberd saith was of old called also the Shyreeues moote lib. 4. cap. 4. In this court as Britton saith vbisupra the Shyreeue causeth tobe found out 12. of the most sage loyall and sufficient men of all the Hundred for he kept his turne twice every yeare in each Hundred Magna charta cap. 35. Britton vbi supra whome he charged vpon their oathes to present the truth touching the articles ministred vnto them and set downe by Britton in the same chapter This done he put all other to their oathes according to their dozins and villages truly to present vnto the former twelue all things concerning such articles as by them they should be asked of But fithence the Hundred courts are all called to the county by the statute anno 14. Ed. 3. cap. 3. Statut. pri these Turnes be likewise kept in one cheife place of euery shire and not seuerally in euery Hundred as before they were Of this you may reade more in Britton or in Cromptons Iurisdiction fol. 230. and in the Mirrour of Iustices lib. pri cap. de Turnes Turney Torneamentum commeth of the French Tournoy i. Decursorium It signifieth a martiall exercise of Knights or Souldiers fighting one with another in disport and is thus defined ca◠felicit Extra de Torneamentis Torneamenta dicuntur Nundinae vel feriae in quibus milites ex condicto convenire ad oftentationem virium suarum audaciae temerè congredi solent This word is vsed in the statute anno 24. Henric. octau capit 13. and as I haue heard it signifieth with vs in England those combats that are made with arming swords on horsebacke And I thinke the reason of the name to proceede from the French Tourner i. vertere because it consisteth much in agilitie both of horse and man Turno vececomitum is a writ that lyeth for those that are called to the Shyreeues turne out of their owne Hundred Register orig fol. 174. Tuain nithes gest hospes duarum noctium Roger Houeden parte poster suorum annalium fol. 345. b. who if he did harme to any his hoste was not aunswerable for it but himselfe See Thrid nithes hawan man Twelue men Duodecim homines legales is a number of twelue persons or vp wards to the number of 24. by whose discretion all tryals passe both in ciuill and criminall causes through all courts of the common law in this Realme First for ciuile causes when proofe is made of the mater in question as the parties and their councell thinke good on both sides the point of the fact that they are to giue their verdict of is deliuered likewise vnto them which we call the issue and then are they put in minde of their oath formerly taken to doe right betweene party and party and so sent out of the court seuerally by themselues to consider vpon the evidence of both sides vntill they be agreed which done they returne to the court againe and deliuer their verdict by the mouth of the foreman And according to this verdict Iudgement afterward passeth either condemnatorie for the plantife or absolutory for the Defendant These 12. be called 12. milites Glanuilo lib. 2. cap. 14. 15. and so be they in Bracton diuers times but that word is altered In causes criminall there be two sorts of Enquests one called the graund Enquest and the other the Enquest of life and death The graund Enquest is so called either because it consisteth commonly of a greater number then 12. as of 24. 18. or 16. at the least or els because all causes criminall or penall first passe through them whereas the other Enquest is especially appointed for one or few maters touching life and death committed to their considerations Those of the grand Enquest are also called by Bracton 12. milites lib. 3. tracta 2. cap. pri nu 2. because they were wont to be Knights as it see meth and not inferiours except so many knights could not be found Idem eodem num 1. in fine And their function is to receiue all presentments made vnto them of any offence and accordingly to giue their generall opinion of the presentment by writing either these words Balla vera vpon the bille of presentment which is an Inditement of the party presented or els this word Ignoramus which is an absoluing of him Now as criminall causes be of two sortes either capitall touching life and member or finable so is there a double course of these Inditements For in causes onely finable the party indited must either trauers the Inditement by denying it and so it is referred to a petit Iury whereby he is either conuicted or discharged of the crime or els he confessing it the court setteth his fine vpon his head wirhout more worke But in maters of life and death the party indited is commaunded to hold vp his hād āswer guilty or not guilty if guilty he standeth conuicted by his owne confession if not guilty he is farder referred to the Enquest of life and death which consider vpon the proofe brought against the prisoner and accordingly bring in their verdict Guilty or not Guilty So is he iudged to dye or deliuered by the court Of this read more in Iuditement Assise Iury See the statute anno 35. H. 8. cap. 6. 37. ciusdem cap 22. anno 2. Ed. 6 cap. 32. an 5. El. ca. 25. V VAcation vacatio hath an especiall signification in this kingdome being vsed for all that time respectiuely which passeth betweene terme and terme at London And when such times begunne and ended in our anncesters daies see Roger Hovedens annals parte posteriori fo 343. a. where you shall find that this intermission was called pax Dei ecclesiae Vaccarie aliâs vacharie vaccaria aliâs vacheria semeth to be a house to keepe kine in Fleta
columna 1. whereupon because the foreyner neede not be tryed in that Court the record and cause is remooued to the common plees c. See of this Fitz. nat br fol. 6. E. Vser de action is the persiewing or bringing of an action which in what place and countie it ought to be See Brooke titulo Lieu Countie fol. 64. Vse vsus is in the originall signification plaine enough but it hath a proper application in our common lawe and that is the profit or benefit of lands or tenements And out of M. Wests first parte of his simbol lib. pri sect 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose Euery deede in writing hath to be considered the substance and the adiuncts Touching the substance a deede doth consist of two principall parts namely the premisses and the consequents The premisses is the former parte thereof and is commonly saide to be all that which preceedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which foloweth the premisses that is the Habendum In which are two limitations the one of the estate or propertie that the party passiue shall receiue by the deede the other of the vse which is to expresse in the said Habendum to or for what vse and benefite he shall haue the same estate And of the limitation of those vses you may read many presidents set downe by the same author in his second booke of his saide first part sectio 308. and so forth to 327. These vses were inuented vpon the statute called West 3. or Quia emptores terrarum before the which statute no vses were knowne Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the vse in another there was a statute made anno 27. H. 8. ca. 1. wherby it was inacted that the vse and possesssion of lands and possessions should alway stand vnited New expositour of lawe termes verbo Vse v. Coke lib. 1. Chudleise case fol. 121. seqq Vsher Ostiarius commeth of the French Huissier i. Accensus apparitor Ianitor It signifieth with vs first an officer in the Eschequer of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westminster and Iuries Shyreeues and all other accoumptants at the pleasure of the court Therbe also Vshers in the Kings house as of the priuy chāber c. Vtas Octavae is the eight day following any terme or feast as the vtas of Sainct Michaell the vtas of Sainct Hilary the vtas of Sainct Martine of Sainct Iohn Baptist of the Trinitie c. as you may reade anno 51. H. 3. stat concerning generall daies in the Benche And any day betweene the feast and the eighth day is saide to be within the vtas The vse of this is in the returne of writs as appeareth by the same statute Vtfangthef is an auncient Royaltie graunted to a Lord of a maner by the King which giueth him the punishment of a theefe dwelling out of his liberty and hauing committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third booke tract 2 ca. 35. seemeth rather to interpret the word then to expresse the effect and saith thus Vtfangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra insius qui tales habet libertates It seemeth to be compounded of these three words Vt fang thef which in our moderne English be oute take or taken Theefe Of this Fleta hath these words vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena qui captus fuerie in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere vsque in libertatem ibi eum iudicare reducere tamen poterit indicatum iudicium in proprio patibulo exequiratione libertatis commodum tamen non video Debet enim quilibet iuri subiacere vbi deliquit proprios tamen latrones alienos iudicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta li. 1. cap. 47. See Vtlawrie Vtlagato capiendo quando vtlagatur in vno comitatu postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set downe for the name thereof See the Register originall fo 133. Vtlawrie vtlagaria aliâs vtlagatio is a punishment for such as being called into lawe and lawfully sought doe comtēptuously refuse to appeare And as Bracton saith li. 3. tract 2. ca. 11. He that is siewed must be sought and called at 5. counties a moneth being betweene euery countie to answer to the lawe And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi ex tunc vtlagabitur that is as the author of the termes of lawe saith he shal be pronounced by the coroner to be out of the Kings protection and depriued of the benefit of the lawe The effect of this is diuers as the same Author saith for if he be outlawed in an action personall he meaneth at the suite of another in a ciuile cause he shall forfeit all his goods and cattells to the King if vpon felonie then he shall forfeit all his lands and tenements that he hath in fee simple or for terme of his life and his goods and cattles Bracton vbi supra nu 5. saith that such as be out-lawed vpon felonie ex tunc gerunt caput lupinum ita quod sine iudiciali inquisitiene ritè pereant secum suum iudicium portent meritò sine lege pereunt qui secundum legem viuere recusarunt Et haec ita si cum capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum mors erit in manu Domini Regis See Horns mirrour of Iustices lib. 3. cap. des fautes punishables Bracton saith in the place aboue specified with whome also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be outlawed But take his owne words Minor verò qui infra aetatem 12. annorum fuerit vtlagarinon potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlaugh Anglicè sc in frāco plegio sive decenna sicut masculus 12. annorum vlteriùs Et ideo non potest vtlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit siue ceperit Est enim waiuium quod nullus aduocat nec
bequeath any thing to the redeeming of captives c. and appoint one to execute his will in that point the partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices of assises formerly appointed Register orig fol. 206. a. Ad quod damnum is a writ that lyeth to the escheater to inquire what hurt it will be to the King or other person to graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
of pasture turbarie and piscary to be things corporal looke Common Apporcuâ—â—ent Apportion 〈…〉 tuÌ„ is a dividing of a rent into parts according as the land whence the whole rent issueth is divided among two or more See the new termes of lawe Apprentice Apprenticius commeth of the French aprenti i. tyro rudis discipulus or of the verb apprendre i. addiscere discere and signifieth with vs one that is bound by couenant in word or writing to serue another man of trade for certaine yeares vpon condition that the artificer or man of trade shall in the meane time endeavour to instruct him in his art or misterie S. Thomas Smith in his booke de rep Ang. li. 3. ca. 8. saith that they are a kinde of bond men differing onely in that they be seruants by couenant and for a time Of these you may reade divers statutes made by the wisedome of our realme which I thinke superfluous heere to mention Appropriation appropriatio proceedeth from the French approprior i. apeare acc 〈…〉 re and properly signifieth in the lawe of England a severing of a benefice ecclesiasticall which originally and in nature is iuris diuini in p 〈…〉 nullius to the proper and perpetuall vse of some Religious house or Deane c. and Chapter Bishop rick or Colledge And the reason of the name I take to be this because that whereas persons ordinarily be not accounted domini but vsufructuarij hauing no right of fee simple Littleton titulo Discontinuance these by reason of their perpetuitie are accounted owners of the fee simple and therefore are called proprietarij And before the time of Richard the second it was lawfull as it seemeeth simply at the least by mans lawe to appropriate the whole fruites of a benefice to an abbey or priory they finding one to serue the cure But that King made so euill a thing more tolerable by a lawe whereby he ordeined that in euery licence of appropriation made in chauncerie it should expresly be contained that the diocesan of the place should prouide a conuenient summe of money yearely to be paide out of the fruites toward the sustenance of the poore in that parish and that the Vicar should be well and sufficiently endowed anno 15. Rich. 2. ca. 6. Touching the first institution other things worth the learning about appropriations reade Plowden in Grendons case fo 496. b. seqq as also the new termes of lawe verbo Appropriation To an appropriation after the licence obteined of the King in chauncerle the consent of the Diocesan Patron and incumbent are necessarie if the Church be full but if the Church be voide the Diocesan and the Patron vpon the Kings licence may conclude it Plowden vbi supra To dissolue an appropriation it is enough to present a Clerke to the Bishop For that once done the benefice returneth to the former nature Fitzh nat br fo 35. 〈◊〉 Approvour approbator commeth of the French approuver i. approbare comprobare calculum albo adijcere It signifieth in our common law one that coÌ„fessing felony of him self appealeth or accuseth another one or more to be guilty of the same he is called so because he must prooue that which he hath alleadged in his appeale Stawnf pl. cor fo 142. And that proofe is by battell or by the countrey at his election that appealed The forme of this accusation you may in part gather by M. Cromptons Iustice of peace fo 250. 251. that it is done before the coroner either assigned vnto the selon by the court to take and record what he saith or els called by the felon himselfe and required for the good of the Prince common wealth to record that which he saith c. The oath of the approuer when he beginneth the combate see also in Crompton in the very last page of his booke as also the proclamation by the Herald Of the antiquity of this law you may reade something in Horns myrror of Iustices l. 1. in fine cap. del office del coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approuers of the king Appruatores regis be such as haue the setting of the kings demeasneâ— in smal Manors to the kings best aduantage anno 51. H. 3. stat 5. See Approue Approue appruare commeth of the French approuer i. approbare comprobare calculum albo adiicere it signifieth in the common lawe to augment or as it were to examine to the vttermost For example to approue land is to make the best benefite thereof by increasing the rent c. So is the Substantiue approuement vsed in Cromptons iurisd fol. 153. for the profits them selues So is it likewise in the statute of Merton cap. 4. anno 2. H. 3 land newly approued Old nat br fol. 79. So the Sheriffes called themselues the kings approuers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approuers But anno 2. Ed. 3. cap. 12. Approuers be certaine men especially sent into seuerall counties of the Realme to increase the Fermes of hundreds and wapentakes which formerly were set at a certaine rate to the Sheriffes who likewise dimised them to others the countie Court excepted Approuement appruamentum see Approue See the Register iudiciall fol. 8. br 9. a. See the new tearmes of lawe verbo Approuement Arbitratour arbiter may be taken to proceede from either the Latine arbitrator or the French arbitre it signifieth an extraordinarie iudge in one or moe causes betweene party and partie chosen by their mutuall consents West parte 2. Symb. titulo Compromise Sect. 21. who likewise diuideth arbitrement into generall that is including all actions quarels executions and demands and special which is of one or moe matters facts or things specified eodem sect 2. 3. 4. T 〈…〉 vilians make a difference betweene arbitrum arbitratorem l. 76. Î . pro socio For though they both ground their power vpon the compromise of the parties yet their libertie is diuers For arbiter is tyed to proceede and iudge according to lawe with equitie mingled arbitrator is permitted wholy to his owne discretion without solemnitie of processe or course of iudgement to heare or determine the controuersie committed vnto him so it be iuxta arbitrium boniviri Arches court Curia de arcubus is the chiefe and auncientest CoÌ„sistorie that belongeth to the Archbishop of Canterburie for the debating of spiritual causes and is so called of the Church in London dedicated to the blessed Virgin commonly called Bow church where it is kept And the Church is called Bow church of the fashion of the Steeple or clocher thereof whose toppe is raised of stone pillars builded arch-wise like so many bent bowes The Iudge of this Court is
termed the Deane of the Arches or the officiall of the Arches court Deane of the Arches because with this officialtie is commonly ioyned a peculiar iurisdiction of thirteene parishes in London tearmed a Deantie being exempted from the authoritie of the Bishop of London and belonging to the Archbishop of Canterburie of which the parish of Bow is one the chiefe because the Court is there kept Some others say that he was first called Deane of the arches because the officiall to the Archbishop being many times employed abroad in ambassages for the king and realme the Deane of the Arches was his substitute in his court and by that meanes the names became confounded The iurisdiction of this Iudge is ordinarie and extendeth it selfe through the whole Prouince of Canterburie So that vpon any appeale made he foorthwith and without any farder examinatiō of the cause sendeth out his citation to the party appealed and his inhibition to the Iudge from whome the appeale is made Of this he that will may reade more in the booke intituled De antiquitate Eccelesiae Britānicaehistoria Arma moluta seeme to be sharpe weapons that doe cut not blunt that doe onely breake or bruise Bracton li. 3. tract 2. ca. 23. Stawnf pl. cor fo 78. 79. whereof Bracton hath these words arma moluta plagam faciunt sicut gladius bisacuta huiusmodi ligna verò lapides brusuras 〈…〉 bes ictus qui iudicari non possunt ad plagam ad hoc vt inde veniri possit ad duellum Armour arma in the vnderstanding of our common lawe is extended to any thing that a man in his anger or furie taketh into his hand to cast at or strike another Cromptons Iustice of peace fo 65. a. So armorum appellatio non vtique scuta gladios galeas significat sed fustes lapides l. 42. Π. de verbo significatione Array arraia aliàs arraiamentum commeth of the French array i. ordo which is an old word out of vse or it may be well deduced from raye i. linea It signifieth in our commō lawe the ranking or setting forth of a iurie or enquest of men impaneled vpō a cause a. 18. H. 6 c. 14. Thence is the verb to array a panel owld nat br fo 157. that is to set forth one by another the men empaneled The array shal be quashed owld nat br fo 157. By statute every array in assise ought to be made foure daies before Broke titulo Panel nu 10. to chalenge the array Kitchin fo 92. Arreyers seemeth to be vsed in the statut anno 12. Rich. 2. ca. 6. for such officers as had care of the souldiers armour to see them duly appointed in ther kindes Arraine arraniare commeth of the French arranger i. astituere ordinare that is to set a thing in order or in his place and the same signification it hath in our common law For example he is saide to arraine a writ of novel disseisin in a countie that fitteth it for triall before the Iustices of that circuit owld nat br fo 109. Litleton fo 78. vseth the same word in the same sence viz. the lease arraineth an assise of nouel disseisin Also a prisoner is said to be arrained where he is indighted and brought forth to his triall Arrained within the verge vpon murder Stawnf pl. cor fo 150. The course of this arrainment you may read in S. Thomas Smith de repub Anglo li. 2. ca. 23. Arrearages arreragia commeth of the French arrierages 1. reliqua It signifieth the remaine of an account or a summe of mony remaining in the hands of an accoūtant It is vsed sometime more generally for any mony vnpaide at the due time as arrearages of rent That this word is borowed from France it appeareth by Tiraquel de vtroque retractu tomo 3. pa. 32. nu 10. Arrest arestum commeth of the French arrester i. retinere retare subsistere or rather it is a French word in it selfe signifying a setling stop or stay and is metaphorically vsed for a decree or determinatiō of a cause debated or disputed to and fro as arrest du Senat. i. placitum curiae In our comon law it is taken most of all for a stay or stoppe as a man apprehended for debt c. is said to be arrested To pleade in arrest of iudgment is to shew cause why iudgment should be stayed though the verdict of the 12. be passed To plead in arrest of taking the enquest vpon the former issue is to shew cause why an enquest should not be taken c. Broke tit Repleder Take this of learned M. Lambard in his eirenarch li. 2. ca. 2. pa. 94. Budae saith he in his greeke commentaries is of opinion that the French word arrest which with them signifieth a decree or iudgment of court tooke beginning of the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. placitum and as we might say the pleasure and will of a court And albeit it were not out of the way to think that it is called an arrest because it stayeth or arresteth the partie yet I beleeue rather that we receiued the same from the Normane lawes because we vse it in the same sence with thē For commonly with vs au arrest is taken for the execution of the commaundement of some court or of some officer in iustice But howsoeuer the name began an arrest is a certaine restraint of a mans person depriuing him of his owne will and libertie and binding it to become obedient to the will of the lawe And it may be called the beginning of imprisonment Precepts writs of the higher courts of lawe do vse to expresse it by two sundry words as capias and attachies which signifie to take or catch hold of a man But this our precept noteth it by the words duci facias that is cause him to be conueyed c. For that the officer hath after a sort taken him before in that he commeth vnto him and requireth him to go to some Iustice of the peace Thus farre M. Lamberd And by like this word is spred farder then France For Gaile a Germaine writer sheweth by his Tractate de arrestis imperii that it is vsed also in the imperiall territories in the same significatiō c. 1. n. 1. Arrestandis bonis ne dissipentur is a writ which lyeth for him whose catell or goods are taken by another that during the controuersie doth or is like to make them away and will be hardly able to make satisfaction for thē afterward Reg. orig fol. 126. b. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. is a writ that lieth for the apprehension of him that hath taken prest money towards the kings warres and lieth hidden when he should goe Register orig 24. b. Arresto facto super bonis mercatorum alienigenorum c. is a writ that lyeth for a denizen against the goods of strangers
contrarie to the writ no wrong no disseisin The third manner is assise out of the point of assise assisa extra assisam vel in modum iuratae viz. when the tenent alledgeth some by exception that must be tried by a Iurie before the principall cause can proceed as if he pleade a foreine release or foreine mater tryable in another countie For in this case the Iustices referre the record to the Court of common plees for the triall of the foreine plee before the disseisin can come to be discussed Of this sort reade diuers other examples in Bracton lib. 4. part 1. cap. 34. For there be of them as he saith and Britton also cap. 52. both dilatorie and peremptorie The fourth and last manner is assise of right of dammages and that is when the tenent confessing a putting out and referring it to a demurter in lawe whether it were rightly done or not is adiudged to haue done wrong For then shall the demandant haue a writ to recouer dammages which is called assise to recouer dammages as also the whole processe Assise is further taken for the court place or time where and when the writs and processes of assise be handled or taken And in this signification assise is generall as when the Iustices passe their seuerall circuits euery couple with their commission to take all assises twice in the yeare For he that speaketh of any thing done at that time and in that place will commonly say that it was done at the generall assise It may likewise be speciall in this signification as if an especiall commission should be granted to certaine as in ancient times they often were Bracton lib. 3. cap. 11. in fine for the taking of an assise vpon one disseisin or two any thing done in the court before them a man would say it was done at such an especiall assise And in this very signification doth Glanvil vse it lib. 9. cap. 12. in these words Si contra dominum suum non infra assisam tunc distringitur ipse occupator c. and lib. 13. cap. 32. in these words cum quis itaque infra assisam domini regis i. infra tempus à domino rege de consilio procarum ad hoc constitutum quod quandoque maius quandoque minus censetur alium iniustè sine iudicio disseisiver 〈…〉 c. Of this word assise you may reade in M. Skene de verbo signif verbo Assise and by him vnderstand that in Scotland also it is diuersely vsed viz. in 5. seuerall significations And touching the fifth signification he hath these words An assise is called a certaine number of men lawfully summoned receiued sworne and admitted to iudge and discerne in sundrie civil causes syke as perambulations cognitions molestations pourpresture division of lands seruing of brieues and in all and sundrie criminall causes decided and tried by an assise whereof there are two kinds one ordinarily in vse which may be called a litle assise of the number of 13. or 15 persons the other called a great assise which consisteth of 25. persons c. The rest is very worthe the reading Assisa continuanda is a writte directed to the Iustices assigned to take an assise for the continuance of the cause in case where certaine records alleaged cannot in time be procured by the party that would vse it Reg. orig f. 217. Assisa proroganda is a writ directed to the Iustices of assise for the stay of proceeding by reason of the Kings buisnes wherein the partie is imploied Register orig fo 208. and fo 221. Association associatio is a patent sent by the King either of his owne motion or at the suite of the plaintife to Iustices appointed to take assises of novel disseisin or of oyer and terminer c. to take others vnto them as felowes and collegues in that busines The dirivation is plaine the examples and sundrie vses hereof you may finde in Fitz◠nat br fo 185. E. fo 111. B. but more particularly in the Reg. orig f. 201. 202. 205. 206. 207. 223. 224. Assoile absolvere commeth of the French absouldre and signifieth to deliuer or set free from an excommunication Stawnf pl. cor fo 72. in words to this effect Otherwise the defendāt should remaine in prison vntill the plaintiffe were assoyled that is deliuered from his excommunication Assumpsit is a voluntarie promise made by word whereby a man assumeth or taketh vpon him to performe or pay any thing vnto another This word containeth any verball promise made vpon consideration which the Civilians expresse by divers words according to the nature of the promise calling it sometime pactum sometime sponsionē sometime promissionem pollicitationem or constitutum the word seemeth to be drawne from the latine assumptio quae significat professionem l. Π. ad municipalem Attache attachiare cōmeth of the French attacher i. figere nectere illigare defigere alligare In our common lawe it signifieth to take or apprehend by commaundement or writte And M. Lamberd in his eirenarch li. 1. cap. 16. maketh this difference betweene an arrest and an attachement that an arrest proceedeth out of lower courts by precept and an attachment out of higher courts by precept or writ and that a precept to arrest hath these formall words duci facius c and a writ of attachment these words praecipimus tibi quòd attachies talem habeas eum coram nobis c. whereby it appeareth that he which arresteth carieth the party arrested to another higher person to be disposed of forth with he that attacheth keepeth the party attached and presenteth him in court at the day assigned in attachement yet I obserue out of Master Kitchin that an attachement issueth out of a court baron which is a lowe court cap Attachment in court baron fo 79. Another difference there is that an arrest lieth onely vpon the body of a man and an attachement some time vpon his good as shal be shewed in the sequele It may be likewise asked how an attachement and a capias doe differ how an attachement and a cape and an attachement and a distresse First that an attachement differeth from a capias it appeareth by Kitchin in these words fo 79. Note that in a court Baron a man shal be attached by his goods and a capias shall not goe out thence wherby I gather that an attachement is more generall taking hold of a mans goods and a capias of his body onely Then an attachement differeth from a cape in this because a cape be it cape magnum or cape parvum taketh hold of immoveables as lands or tenements and are properly belonging to action reall as you may gather out of their formes in Fitzh nat br whereas attachemēt hath rather place in actions personall as Bracton plainly setteth downe li. 4. tracta 4. ca. 5. nu 3. Where neuerthelesse it appeareth that a cape may be likewise vsed in an action personall An attachement as it
Which maketh me to thinke that it rather coÌ„meth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doomâ— pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens coÌ„meth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus coÌ„meth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see Fâ—â— vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or
his assistants in causes of iustice betweene the king and his subiects touching causes appertaining to the Exchequer The Lord chiefe Baron at this day is the chiefe Iudge of the court and in matter of lawe information and plea answereth the barre and giueth order for iudgment thereuppon He alone in the terme time doth sit vpon Nisi prius that come out of the Kings Remembrancers office or out of the office of the clerke of of the please which cannot be dispatched in the mornings for want of time He taketh recognisances for the Kings debts for appearances and obseruing of orders He taketh the presentation of all the officers in court vnder himselfe and of the Mayor of London and seeth the Kings Remembrancer to giue them their oathes He taketh the declaration of certaine receiuers accompts of the lands of the late augmentation made before him by the Auditors of the shires He giueth the two parcel makers places by vertue of his office The second Baron in the absence of the Lord chiefe baron answereth the barre in matters aforesaid he also taketh recognisances for the kings debts apparences and obseruing of orders He giueth yearely the oath to the late Maior and escheatour of London for the true accompt of the profits of his office He taketh a declaration of certaine receyuers accompts He also examineth the letters and summes of such Shyreeues foraine accompts as also the accompts of Escheatours and Collectours of Subsidies and Fifteens as are brought vnto him by the auditors of the Court. The third Baron in the absēce of the other two answereth the barre in matters aforesaide he also taketh recognisances as aforesaide He giueth yerely the oath of the late Mayor and gawger of London for his true accōpting He also taketh a declaration of certaine receiuers accompts and examineth the leters and sūmes of such of the former accountants as are brought vnto him The fourth barons is alwaies a coursetour of the court and hath bene chosen of some one of the clerks in the remembrancers offices or of the clerke of the pipes office He at the daies of prefixion taketh oth of al high shyreeus and their vndershyreeues and of all escheatours baylifs and other accountāts for their true accounting He taketh the oath of al collectours controllers surueyours and serchers of the custome houses that they haue made true entrances in their bookes He apposeth all shyreeues vyon their sūmons of the pipe in open court He informeth the rest of the Barons of the course of the court in any mater that concerneth the kings prerogatiue He likewise as the other Barons taketh the declaration of certaine receiuers accompts and examineth the leters and summes of such of the former accountants as are brought vnto him These barons of the exchequer areauncient officers for I finde them named westm 2. ca. 11. anno 13. Ed. 1. and they be called barons because barons of the realme were wont to be employed in that office Fleta li. 2. ca. 24. S. Thomas Smith saith of them that their office is to looke to the accompts of the Prince and to that end they haue auditors vnder them as also to descide all causes appertaining to the Kings profits comming into the exchequer by any meanes This is in part also proued by the statut anno 20. Ed. 3. ca. 2. anno 27. eiusdem stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. anno 14. eiusd ca. 1◠And hereupon they be of late men learned in the common lawe of the realme wheras in auncient times they were others viz. maiores discretiores in regno siue de clero essent siue de curea Ockam in his lucubrations de fisci regij ratione Horn in his mirrour of Iustices saieth that barons were wont to be two and they Knights ca. De la place del Eschequer Then be there in this signification Barons of the Cinque portes anno 31. Ed. 3. stat 2. ca. 2. et anno 33. H 8. ca. 10. which are two of euery of the seuen towns Hastings Winchelsey Ry Rumney Hithe Douer Sandwiche that haue places in the lower house of Parlament Cromptons iurisd fo 28. Baron in the the third signification is vsed for the husband in relation to his wife which is so ordinary in all our lawe writers that wright in french as it were superfluous to confirme it by any one Baronet I reade this word anno 13. R. 2. stat 2. ca. 1. but I hould it falsely printed for Baneret or els to signifie all one with it Baronye baronia baronagium is the fee of a baron In which accompt are not only the fees of temporall Barons but of Bishops also who haue two respects one as they are spirituall men without possessions as was the tribe of Levy among the Israelites being susteined by the only first frutes and tenthes of the other tribes Iosue ca. 13. versue 14. The other respect they haue groweth from the bountie of our english Kings whereby they haue baronies at the least are thereby Barons or Lords of the Parlament This baronie as Bracton saith li. 2. ca. 34. is a right indiuisible and therefore if an inheritance be to be divided among coparceners though some capitall messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he saith they may not be parcelled The reason is ne sic caput per plures particul as diuidatur plura iura comitatuum baroniarum deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baronys dicitur esse constitutum Barre barra commeth of the French barre or barriere i. repagalum obex vectis It is vsed in our common law for a peremptory exception against a demaūd or plaint and is by the author of the Termes of law defined to be a plee brought by the defendant in an action that destroieth the action of the plaintiffe for euer It is divided into a barre to common intent and a barre speciall Abarte to a common intendment is an ordinarie or generall barre that ordinarily disableth the declaration or plee of the plaintiffe a barre speciall is that which is more then ordinarie falleth out in the case in hand or question vpon some speciall circumstance of the fact Plowden casu Colthirst fo 26. a. b. For exāple an executor being sued for his testators debt pleadeth that he had no goods left in his hands at the day when the writ was purchased or taken out against him This is a good barre to common intendment or prima sacie But yet the case may so fall out that more goods might come to his hands sithence that time which if the plaintiffe can shew by way of replication then excep the haue a more especiall plee or barre to alleadge he is to be condemned in the action See also Plowden in the case aofre named fo 28. a. b. and Brooke titulo Barre nu
and true inquisition make as well of swornemen as vnsworne in euerie bayliwick both in the north bayle and south bayle of this forest and of all maner of trespasses done either to vert or venison I shall truly endeavour my selfe to attach or cause them to be attached in the next court Attachement there to be presented without any concealment had to my knowledge so helpe me God c. Bracton otherwise called Henry of Bracton was a famous lawyer of this land renowmed for his knowledge both in the common and civill lawes as appeareth by his booke every where extant He liued in the daies of Henry the third Stawn praero fo 5. b. and as some say Lord cheife Iustice of England Bread of treate and bread of coket anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broade This word Bracton vseth li. 3. tracta 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there finde word for word it is as we now speake two long and two broad or two in length and two in breadth Breuibus ra 〈…〉 liberandis is a writ or mandat to a Shyreeue to deliuer vnto the newe Shyreeue chosen in his roome the county with the appertenances together with the rols briefes remembrances and all other things belonging to that office Register original fo 295. a. Bribours commeth of the french bribeur i. mendicus It seemeth to signifie with vs one that pilfreth other mens goods anno 28. Ed. 2. stat 1. ca. vnico Brief breve commeth from the French brefou breif i. brevis and in our common lawe signifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the king in writing issuing out of any court whereby he commaundeth any thing to be done for the furtherance of iustile or good order The word is vsed in the ciuile lawe some time in the singular number and masculine gender as l. vlt. Coa de conueniendis fisci debitoribus li. 10. tit 2. you haue these words Inter chartulas confiscati brevis quidam adseueratur inveÌ„tus qui nomina coÌ„tinebaâ— debitoruÌ„ Where it is vsed for a short note Again I finde a title restored by Gothofred in the first booke of the Code de quadrimenstruis brevibus Quadrumenstrus autem breves erant qui de singulis indictionum pensionibus quarte quoque mense foâ—utis conficâ—eâ— antur Also Lampridius in Alexandro hath it singularly thus notarium qui falsum causae brevem in consilio imperatorioretulisset c. And in the AutheÌ„tiques Novel 105. ca. 2. you haue this word breviatores i. brevium proscriptores Breves autem brevia brevicula sunt chartae sive libelli breves as Galbofred there noteth Where he noteth likewise out of Zonaras in Garthagin CoÌ„cilio that this is a greeke word thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Skene de verbo signif verbo Breue Of these breifes see also Bracton li. 5. tract 5. ca. 17. nu 2. Breve quidem cùm sit formatum ad similitudinem regula iuris quia breviter paucis verbis intentionem proferentis exponit explanat sicut regula iuris rem quae est breviter charrat Non tamen ita breve esse debet quin rationem vim intentionis contineat c. Brigandine lorica is the french brigandine that is a coate of maile This is vsed anno 4. 5. Ph. Mar. ca. 2. Brigbote significat quietantiam reparationis pontium Fleta li. 1. ca. 47. It is compounded of brig a bridge and bote which is a yeelding of amends or supplying a defect See Bote and Bruck-bote Britton was a famous Lawyer that liued in the daies of K. Edward the first at whose commandemeÌ„t by whose authority he writ a learned booke of the lawe of this realme The tenure wherof runneth in the Kings name as if it had beene penned by himselfe answerably to the Institutions which Iustinian assumeth to himselfe though composed by others Stawnf prare fo 6. 21. S. Edward Cooke saith that this Britton writ his booke in the fifte yeare of the said King reigne li. 4. fo 126. a. lib. 6. fo 67. a. M. Guin in the preface to his reading mencioneth that this Iohn Britton was bishop of Hereford Broke commonly called S. Robert Broke was a greate lawyer and lord chiefe Iustice of the coÌ„mon plees in Queene Mar. 〈◊〉 time Cromptons Iustices of peace fo 2â— b. he made an abbridgement of the whole lawe a booke of highe accoumpt Broker brocarnis seemeth to come from the French broieur tritor that is a gryneder or breaker into small peaces Because he that is of that trade to deall in maters of mony and marchandise betwene Englishe men and Strangers doth draw the bâ—rgaine to particulars and the parties to conclusion not forgetting to grinde out somthing to his owne profit Those men be called broggers anno 10. R. 2. ca. i. It may not improbably be said that this word commeth from carder i. cavillari because these kinde of men by their deceitfull 〈…〉 ches and abusing their true made many times inuegle others In Scotland they be called broccary and in their owne idiome blockers or brockers that is mediators or intercessors in any traÌ„saction paction or contract as in buying or selling or in contractting mariage Skene de verbo signi verbo broccarij He that will know what these brokers were wont ought to be let him read the statut anno 1. Iacobi ca. 21. These in the civile lawe are called proxenetae as also of some licitatores mediatores titulo de proxeneticis in Digestis This kind of dealer is also of the Romanes called pararius Senece li. 2. de benef ca. 22. Caelius Rhideginus libro 6. ca. 32. li 3. cap. 35. Broderers commeth of the French brodeur and that commeth of bordure i. fimbria limbus the edge or hemme of a garmet And that because it is distinguished froÌ„ the rest most coÌ„moÌ„ly by some conceipted or costly worke he that worketh it is called brodeur in French and broderor or embroderer with vs. Brode halpeny commeth of the three Saxon words bret or bred 〈◊〉 aboord and halve that is for this or that cause cuius rei gratie as the Latinists speake and penning it signifieth a tolle or custome for setting vp of tables or boords in a Faire or Market From the which they that are freed by the Kings Charter had this word mentioned in there leters patents In so much as at this day the freedome it selfe for shortnesse of speech is called by the name of brodehalpenie Broggers See Brokers Bruckbote Pontagium is compounded of two German words bruck i. pons and bote i. compensatio It signifieth with vs a tribute contribution or ayde toward the mending or reedifiing of bridges whereof many are freed by the kings charter And thereupon the word is vsed for the very libertie or exemptioÌ„ from this tribute
barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis patētibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur e◠inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in cōmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of Lācaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch 〈…〉 axe the clerke of the facult 〈…〉 the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Π. de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
the rols to euerie officer and the receiuing of them againe when they be written and the binding and making vp of the whole bundels of euerie terme and this he doth as seruant to the cheife Iustice For the cheife Iustice is at charge for all the parchemēt of all the rols Clerk of the outlawries clericus vtlagariarum is an officer belonging to the court of common plees being onely the seruant or deputie to the kings atturney generall for making out the writs of capias vtlagatum after outlawrie And the kings atturneis name is to euerie one of those writs And whereas seuen pence is paide for the seale of everie other writ betwixt partie party there is but a peny paid for the seale of this writ because it goeth our at the Kings suite Clerk of the sewers clericus sucraerum is an officer apperteining to the commissioners of sewers writing all things that they doe by vertue of their cōmission for the which See Sewers and see the statute anno 13. Elizabe ca. 9. Clerk controller of the kings house whereof there be two is an officer in court that hath place and seate in the compting house and authoritie to allow or disallow the charges and demands of pursuivants or messengers of the greene cloth purveiours or other like He hath also the ouer-sight and controlling of all defaults defects and miscariages of any the inferiour officers and to sit in the counting house with the superiour officers viz. the L. Steward treasurer controller and coferer either for correcting or bettering things out of order and also for bringing in country provision requisite for the Kings houshold and the censure for fayling of cariages and carts warned charged for that purpose This officer you haue mentioned anno 33. H. 8. ca. 12. Clerk of the Nihils clericus nihilorum is an officer in the Exchequer that maketh a rolle of all such summes as are nihiled by the shyreeues vpon their estreats of greene waxe and dilivereth the same into the Lord treasurers remembrancer his office to haue execution done vpon it for the king Clerk of the check is an officer in court so called because he hath the check and controlment of the yeomen of the gard and all other ordinary yeomen and huissiers belonging either to his maiesty the Queene or Prince either giuing leaue or allowing their absences or defects in attendance or deminishing their wages for the same He also nightly by himselfe or depute taketh the view of those that are to watch in the court and hath the setting of the watch This officer is mentioned anno 33. H. 8. ca. 12. Clerk marshiall of the kings house seemeth to be an officer that attendeth the marshiall in his court and recordeth all his proceedings anno 33. H. 8. cap. 12. Clothe of raye anno 27. Ed. 3. sta 1. cap. 4. Closhe is an vnlawfull game forbidden by the statute anno 17. Ed. 4. cap. 3. which is casting of a bowle at nine pinnes of wood or nine shanke bones of an oxe or horse Clove is the 32. part of a weigh of cheese i. 8. pound anno 9. H. 6. cap. 8. Cloues caryophylli are a spice knowne by sight to euery man They be flowers of a tree called caryophyllus gathered and hardened by the Sunne Of their nature you may reade in Gerards Herball lib. 3. cap. 144. This is cōprised among such spices as be to be garbled anno 1. Iacob cap. 19. Cocket cokettum is a seale appertaining to the kings custome house Regist orig fol. 192. a. also ascrow of parchement sealed and deliuered by the officers of the custome house to merchants as a warrant that their merchandize be customed anno 11. H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist vbi supra fol. 179. a. So is the word vsed anno 5. 6. Ed. 6. cap. 14. and anno 14. Ed. 3. stat 1. cap. 21. This word is also vsed for a distinction of bread in the statutes of bread ale made anno 51. H. 3. where you haue mention of bread coket wastell bread bread of trete and bread of common wheate Coferer of the Kings houshold is a principal officer of his Maiesties court next vnder the Controller that in the counting house and elsewhere at other times hath a speciall charge and ouersight of other officers of the houshold for their good demeanure and cariage in their offices to all which one and other being either Sergeants Yeomē groomes pages or children of the kitchin or any other in any roome of his Maiesties seruants of houshold and payeth their wages This officer is mentioned anno 39. Elixab cap. 7. Cogs anno 23. H. 8. cap. 18. Conisour of a fine is he that passeth or acknowledgeth a fine in lands or tenemēts to another Cognise◠is he to whom the fine is acknowledged West parte 2. symbol titulo Fines sect 2. Cognizance commeth from the French cognisance i. intelligentia intellectus notio cognitio with vs it is vsed diuersly some time signifying a badge of a seruingmans sleeue whereby he is discerned to belong to this or that Noble or Gentleman somtime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3. 20. 32. cognoscere se ad villanum Idem lib. 4. tractat 3. cap. 16. As also to make cognisance of taking a distresse somtime as an audience or hearing of a mater iudicially as to take cognisance sometime a power or iurisdiction as cognisance of plee is an habilitie to call a cause or plee out of another court which no man can doe but the king except he can shew charter for it Manwood parte 1. Of his Forest lawes pag. 68. See the new tearmes of the lawe and the new booke of Entries verbo Conusance Cognatione See Cosenage Cognisour see Conisour Cognitionibus mittendis is a writ to a Iustice or other that hath power to take a fine who hauing taken knowledgement of a fine deferreth to certifie it into the court of common plees commanding him to certifie it Regist orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin i. angulus which probably verifieth the opinion of such as doe hould the auncientest sort of coyne to be cornered and not round Of this Lawyers substantiue cuna commeth the Lawyers verbe cunare i. to coyne Cromptons Iustice of peace fol. 220. Coliander seede or rather Coriander seede Semen coriandri is the seede of an herbe so called medicinable and wholesome for diuers good purposes which see in Gerards Herball lib. 2. cap. 3. 79. It is numbred among the drugges that be to be garbled anno 1. Iacob cap. 19. Collaterall collateralis commeth of the Latine laterale i. that which hangeth by the side Lateralia viatoria Π. de lega fideium tertio l. 102. seeme to signifie a budget or capcase to hang by a saddle pomel Collaterall
holders of the countie for the choice of a new coroner to certifie into the chanceries both the election and the name of the partie elected and to giue him his oath See Westm 1. ca. 10. and Fitzh nat br fo 163. and the Register orig fo 177. Coroner coronator is an auncient officer of this land so called because he dealeth wholly for the king and crowne There be fower of them commonly in euery countie and they are chosen by the freeholders of the same vpon writ and not made by leters patents Crompt Iurisd fo 126. This officer though now he be some inferiour gentleman that hath some smattering in the lawe yet if we looke to the statute of Westm 1. ca. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreete knight that best will and-may attend vpon such an office Yea there is a writ in the Register Nisi sit miles so 177. b. whereby it appeareth that it was fufficient cause to remooue a coroner chosen if he were not a knight and had not a hundred shillings rent of freehold And the Lord cheife Iustice of the kings bench is the soueraigne coroner of the whole realme in person i. wheresoeuer he remaineth libro assisarum fo 49. 5. coron Coke li. 4. casu de Wardens c. of the Sadlers fo 57. b. His office especially concerneth the plees of the crowne but if you will reade at large what aunciently belonged vnto him reade Bracton li. 3. tra 2. c. 5. de officio coronatorum circa homicidium and ca. 6. de officio coronatoris in the sauris inventis ca. 6. de officio coronatorum in raptu virginium and ca. 8. de officio coronatorum de pace plagis and Britton in his first chapter where he handleth it at large Fleta also in his first booke cap. 18. and Andrew Horns mirrour of Iustices li. 1. ca. del office del coroners but more aptly for the present times Stawnf pl. cor li. 1. ca. 51. Note there be certaine coroners speciall within diuers liberties as well as these ordinarie officers in euerie countie as the coroner of the verge which is a certaine compas about the kings court whome Crompt in his iurisd fo 102. calleth the coroner of the kings house of whose authoritie see S. Ed. Cokes reportes lib. 4. fo 46. a. b. And I know certen charters belonging to colledges and other corporations whereby they are licēsed to appoint their coroner within their owne precincts Farder of this office see also Fitzh nat br fo 76. A. B. S. Thomas Smith li. 2. ca. ca. 21. de repub Anglo and Lamb. eirenarcha li. 4. ca. 3. pa. 380. And the office of the coroner in Scotland what it is read M. Iohn Skene de verbo signifi verbo Iter. Corporation corporatio is that which the civile law calleth vniversitatem or collegium a bodie politique authorised by the kings charter to haue a common seale a head officer one or more and members able by their common consent to graunt or to receiue in law any thing within the compas of their charter euen as one man may doe by law all things that by lawe he is not forbidden and bindeth the successours as a single man bindeth his executour or heyre See Brokes his abridgment titulo Corporation and the newe Tearmes of lawe eodem Corpus cum causa is a writ issuying out of the Chauncerie to remoue both the bodie and the record touching the cause of any man lying in execution vpō a iudgement for debt into the Kings bench c. there to lye vntill he haue satisfied the iudgement Fitzh nat br fol. 25◠E. Corrector of the staple is an officer or clerke belonging to the staple that writeth and recordeth the bergains of Merchants there made anno 27. Ed. 3. stat 2. cap. 22. 23. The Romanes called them Mensarios Corruption of blood is an infection growing to the estate of a man attainted of felonie or treason and to his issue For as he leeseth all to the Prince or other lord of the fee accordingly as his case is so his issue cannot be heires to him or to any other auncester of whom they might haue claimed by him And farder if he were noble or a gentleman before he and his children are made vnnoble and vngentle in respect of the father Newe Tearmes of the lawe Corse present are words borowed from the French signifying a mortuarie anno 21. H. 8. ca. 6. The true French is corps praesentè i. the bodie presented or tendered The reason why the mortuarie is thus also tearmed seemeth to be for that where a mortuarie was wont to be due the bodie of the best beast was according to the law or custome offered or presented to the priest Corselet is a French word signifying a litle bodie in Latine corpusculum It is vsed with vs for an armor to couer the whole bodie or trunke of a man anno 4. 5. Ph. Mar. cap. 2. where with the pikemen commonly set in the front and flanks of the battaile are armed for the beter resistance of the enemies assaults and the surer guard of the gunners placed behind or within them being more sleightly armed for their speedier issuing in and out to discharge their peeces See Barrets discourse of Warre lib. 3. dialog 2. Cofenage cognatione is a writ that lyeth where the tresaile that is tritavus the father of the besaile or of the great grandfather is seysed in his demesn as of see at the day of his death of certaine lands or tenements and dyeth and then a straunger entreth and abateth For then shall his heyre haue this writ of cosenage the forme whereof see in Fitz. nat br fol. 221. Of this also reade Britton at large cap. 89. Cosening is an offence vnnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any speciall name West parte 2. simbolaeogr titulo Indictments sect 68. It is called stellionaius in the ciuile lawe of stellio the beast which is lacertae genus virsutissimum as Cuiacius in his paratitles calleth it and quo nullum animal homini invidet fraudulentius Plinie li. 3. ca. 10. Cotage cotagium is a house without land belonging vnto it anno 4. Ed. pri statut primo And the inhabitant of such a house is called a cotager But by a later statute no man may builde a cotage but he must lay 4. acres of ground vnto it 31. Eli. ca. 7. Cote is a kind of resuse wolle clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. ca. 9. It signifieth also as much as cotage in many places as also it did among the Saxons Verslegan in his Restitut of decayed intelligēce in antiquities Covenable rationabilis is a French word signifying fitte or convenient or suteable covenably endowed anno 4. H. 8. ca. 12. It is aunciently written
from the French the other from the Saxons both conteining a circuit or portion of the realme into the which the whole land is diuided for the beter gouernment thereof and the more easie administration of iustice So that there is no part of the kingdome that lieth not within some countie and euery county is gouerned by a yerely officer whom we cal a Shyreeue which among other duties belonging to his office putteth in execution all the commandements iudgments of the kings courts that are to be executed within that compasse Fortescue cap. 24. Of these counties there be foure of especiall marke which therefore are tearmed countie Palatines as the county Palatine of Lancaster of Chester of Durham of Ely ann 5. Eliz. 1. c. 23. I read also of the county Palatine of Hexam an 33 H. 8. ca. 10. Vnde quaere And this county Palatine is a Iurisdiction of so high a nature that whereas all plees touching the life or mayhem of man called plees of the crowne be ordinarily held sped in the kings name cannot passe in the name of any other the chiefe gouerners of these by especiall charter from the king did heretofore send out all writs in their owne name and did all things touching iustice as absolutely as the Prince himself in other counties only acknowledging him their superiour and Soueraigne But by the statute anno 27. H. 8. c. 25. this power is much a bridged vnto the which I refer the reader as also to Crom. Iuris fo 137. for the whole course of this court Besides these counties of both sorts there be likewise counties corporate as appeareth by the statute anno 3. Ed. 4. 5. and these be certaine cities or auncient boroughs of the land vpon which the Princes of our nation haue thought good to bestow such extraordinary liberties Of these the famous city of London is one and the principall Yorke another an 32. H. 8. cap. 13. the city of Chester a third an 42. Eliz. cap. 15. Canterburie a fourth Lamb. Eiren. l. 1. cap. 9. And to these may be added many moe but I haue onely obserued out of the statutes other writers the county of the towne of Kingston vpon Hull anno 32. H. 8. cap. 13. the county of the towne of Havorford West anno 35. H. 8. cap. 26. and the county of Litchfield Cromptons Iustice of peace fo 59. a. County is in another significatiō vsed for the County court which the Shyreeue keepeth euery moneth within his charge either by himselfe or his deputie anno 2. Ed. 6 ca. 25. Cromptons Iuris fo 221. Bract. li. 3. c. 7. li. 3. tract 2. cap. 12. Of these counties or shires one with another there are reckoned in England 37. beside twelue in Walet 〈…〉 The word comitatus is also vsed for a iurisdiction or territorie among the Feudists Countie court curia comitatus by M. Lamberd is otherwise called conuentus in his explication of Saxon words and diuided into two sorts one retaining the generall name as the county court held euery moneth by the Shyreeue or his deputie the vnder-shyreeue whereof you may reade in Cromptons iurisd fol. 231. the other called the Turne held twice euery yeare which see more at large in his place and Cromptons Iurisd fol. 231. This countie court had in auncient times the cognition of these and other great maters as may appeare by Glanvile lib. 1. cap. 2 3. 4. by Bracton and Britton in diuers places and by Fleta li. 2. cap. 62. But that was abridged by the statute of Magna charta cap. 17. and much more by 1. Ed. 4. cap. vnico It had also and hath the determination of certaine trespasses and debts vnder forty shillings Britton cap 27. 28. what maner of proceeding was of old vsed in this court see Fleta vbi supra Coursitour See Cursetour Court curia commeth of the French court which signifieth the kings palace or mansion as curtis doth among the Lombards All these spring of the Latine curia which signifieth one of thirty parts into which Romulus diuided the whole number of the Romaines sometime also the Senate house as appeareth by Tully in his Offices nihil est quod dignum nobis aut in foro aut in curia agere possumus which in his oration pro Milone he calleth Templum sanctitatis amplitudinis mentis consilii publici caput vrbis c. Court with vs signifieth diuersly as the house where presently the king remaineth with his ordinarie retinue and also the place where iustice is iudicially ministred of which you finde 32. seueral sorts in M. Cromptons booke of Iurisdictions well described And of them most be courts of record some be not and therefore are accompted base courts in comparison of the rest Beside these also there are courts Christian Smith de repub Anglor lib. 3. cap. 9. which are so called because they handle maters especially appertaining to Christianitie and such as without good knowledge in diuinity cannot be well iudged of being held heretofore by Archb. and Bishops as from the Pope of Rome because he chalenged the superioritie in all causes spirituall but sithence his eiection they hold them by the kings authoritie virtue magistratus sui as the Admirall of England doth his court Whereupon it proceedeth that they send out their precepts in their owne names and not in the kings as the Iustices of the kings courts doe And therefore as the appeale from these courts did lie to Rome now by the statute an 25. H. 8. cap. 19. it lyeth to the king in his Chauncerie Court baron curia baronis is a court that euery lord of a maner which in auncient times were called barons hath within his owne precincts Barons in other nations haue great territories and iurisdiction from their Soueraignes as may be proued out of Cassanaeus de gloria mundi parte 5. consideratio 56. by Vincentius de Franchis descis 211. and many others But here in England what they be and haue bene heretofore see in Baron Of this court Baron you may reade your fill in Kitchin that writeth a large booke of it and of a court leete S. Edward Coke in his fourth booke of Reports amongst his copyhold cases fol. 26. b. saith that this court is two after a sort and therefore if a man hauing a maner in a towne and do graunt the inheritance or the copyholders thereunto belonging vnto another this grantee may keep a court for the custumarie tenents and accept surrenders to the vse of others and make both admittances and graunts the other court is of Freeholders which is properly called the court baron wherein the suyters that is the Freeholders be Iudges whereas of the other the Lord or his steward is Iudge Court christian curia christiana See Court Court of Pypowders See Pypowders Court of Requests curia requestarum is a court of equitie of the same nature with the Chancerie principally instituted for the helpe of such
5. El. ca. 5. and diuers others Creast Tile See Roofe tile Croft croftum is a litle close or pitle ioyning to a house that sometimes is vsed for a hemp ground sometime for corne and sometime for pasture as the owner listeth It seemeth to come of the ould english word Creaft signifiing handy craft because such groundes are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be vsed by Britton ca. 122. for such as are pilgrimes the reason may be for that they weare the signe of the crosse vpon their garments Of these and their priuileges reade Bracton li. 5. parte 2. ca. 2. parte 5. ca. 29. and the grand custumary of Normandy ca. 45. Vnder this word are also signified the knights of the order of Saint Iohn of Ierusalem created for the defence of pilgrims Grego Syntag. li. 15. ca. 13. 14. Cucking stoole tumbrella is an engine inuented for the punishment of scolds and vnquiet women called in auncient time a tumbrell Lamb. eirenarcha li. 3. ca. 12. po 62. in meo Bracton writeth this word tymborella Kitchin where he saith that euery one hauing view of Erankpledge ought to haue a pillorie and a tumbrell seemeth by a tumbrell to meane the same thing cap. Charge in court leete fol. 13. a. Cuth other vncuth privatus vel extraneus These be old English words not yet worne out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Conthutlaughe Cui ante divortium is a writ that a woman diuorced from her husband hath to recover lands or tenements from him to whome her husband did alienate them during the mariage because during the mariage she could not gainesay it Regist ori fol. 233. Fitzh nat br fol. 204. Cuinage is a word vsed for the making vp of tinne into such fashion as it is commonly framed into for the cariage thereof into other places anno 11. H. 7. cap. 4. Cui in vita is a writ of entrie that a widow hath against him to whome her husband aliened her lands or tenements in his life time which must containe in it that during his life time she could not withstand it Regist orig fol. 232. Fitz. nat br fol. 193. See the newe booke of Entries ver ho. Cut in vita Cuntey cuntey is a kind of triall as appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntye cuntey sicut inter cohaeredes Bracton lib. 4. tra 3. cap. 18. And againe in the same place In brevi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto vbi nec duellum nec magna assisa sed per cuntey cuntey omnino which in mine opinion is as much as the ordinarie Iurie Curfew commeth of two French words couvrir i. tegere and feu i. ignis We vse it for an euening peale by the which the Conquerour willed euery man to take warning for the raking vp of his fire and the putting out of his light So that in many places at this day where a bell customably is rung toward bed time it is said to ring curfew Stowes annals Curia avisare vult is a deliberation that the court purposeth to take vpon any point or points of a cause before iudgement be resolued on For this see the new booke of Entries verbo Curia avisare vult Curia claudenda is a writ that lyeth against him who should fence and close vp his ground if he refuse or deferre to doe it Register orig fo 155. Fitzh nat br fo 127. See also the newe booke of Entrise verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an officer or clerke belonging to the chancerie that maketh out originall writs anno 14 15. H. 8. ca. 8. They be called clerks of course in the oathe of the clerks of the chancerie appointed anno 18. Ed. 3. stat 5. ca. vnico There be of these 2◠in number which haue allotted vnto every of them certaine shires into the which they make out such originall writs as are by the subiect required and are a corporation among themselues Curteyn curtana was the name of king Edward the sainct his sword which is the first sword that is caried before the kings of this land at their cotonation Mathaeus Parisiensan Henrico tertio And I haue heard say that the point thereof is broken which may argue an embleme of mercie Curtilage See Courtelage Custode admittendo Custode amouendo are writs for the admitting or remouing of gardians Register original in indice Custom consuctudo is all one in signification with our common lawyers and Civilians being by them both accounted a part of the lawe Consuetudo quandoque pro lege seruatur faith Bracton in partibus vbi fuerit more vtentium approbata Longaevi enim temporis vsus consuetudinis non est vilis authoritas li. 1. ca. 3. It may be thus not vnaptly defined Custom is a lawe or right not written which being established by long vse and the consent of our awncesters hath beene and is daily practised our awncesters that is maiores and those of our kindred that are vltra tritavum li. 4. § parentem Π. de in ius vocando l. vlt. § parentes Π. de gradibus affini nominibus eorum So that allowing the father to be so much owlder then his sonne as pubertas or the years of generation doe require the grandfather so much elder then him and soe forth vsque ad tritavum we cannot say that this or that is a custom except we can iustifie that it hath continued so one hundred yeares For tritavus must be so much elder then the party that pleadeth it yet because that is hard to proone it is enough for the profe of a custom by witnesses in the common lawe as I haue credibly heard if two or more can depose that they heard their fathers say that it was a custome all their time and that their fathers heard their fathers also say that it was likewise a custome in their time If it be to be prooved by record the continuance of a hundred yeares will serue Custom is either generall or particular generall I call that which is current thorough England whereof you shall read diuers in the Doctor and Student li. pri ca. 7. very worthy to be knowne Particular is that which belongeth to this or that countie as Gavelkind to Kent or to this or that Lordship citie or towne Custom differeth from prescription for that custom is common to more and prescription in some mens opnion is particular to this or that man Againe prescription may be for a farre shorter time then a custom viz. for fiue yeare or for one yeare or lesse Example of fiue yeares prescription you haue in the levying
originall writ of deceite lieth where any deceit is done to a man by another so that he hath not sufficiently performed his bargaine or promise In the writ iudicial he concurreth with the former booke See the Reg. orig fo 112. and the Reg. iudiciall in the table verbo Deceptione Decimis solvendis pro possessionibus alienigenarum is a writ or leters patents yet extant in the Register which laye against those that had fermed the Priors aliens lands of the king for the Rector of the Parish to recouer his tythe of them Regi orig fol. 179. Deciners aliâs desiners aliâs doziners decennarii commeth of the French dizeine i. decas tenne in number or else of disenier i. decearchus It signifieth in the auncient monuments of our lawe such as were wont to haue the ouersight and checke of ten friburgs for the maintenance of the kings peace And the limits or compasse of their iurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also reade Fleta lib. 1. cap. 27 and a touch in the Regist orig fol. 68. b. These seemed to haue la 〈…〉 authoritie in the Saxons time 〈◊〉 king knowledge of causes within their circuite and redressing wrongs by way of iudgement as you may reade in the lawes of king Edward set out by M. Lambard num 32. In later times I find mention of these as in Britton cap. 12. who saith in the kings person as he writeth his whole booke in this maner We will that all those which be 14. yeares old shall make oath that they shall be sufficient and loyall vnto vs and that they will be neither felons nor assenting to felons and we will that all be en dozeine plevis per dozeniers that is professe themselues to be of this or that dozein and make or offer suretie of their behauiour by these or those doziniers except religious persons clerks knights and their eldest sonnes and women Yet the same author in his 29. chapter some thing toward the end doth say that all of 12. yeares old and vpward are punishable for not comming to the Turne of the Shyreeue except Earles Prelats Barons religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these wordes The like lawe is where the dozeniers make presentment that a felon is taken for felonie and deliuered to the Shyreeue c. And Kitchin out of the Register and Britton saith thus Religious persons clerkes knights or women shall not be deceniers fol. 33. So that hereby I gather that of later times this word signifieth nothing but such an one as by his oath of loyaltie to his Prince for suretie none ordinarily findeth at these dayes is setled in the combination or societie of a dozein And a dozein seemeth now to extend so farre as euery leete extendeth because in leetes onely this oathe is ministred by the steward and taken by such as are twelue yeares old and vpwards dwelling within the compasse of the leete where they are sworne Fitz. nat br fol. 161. A. The particulars of this oath you may reade in Bracton lib. 3. tract 2. cap. 1. num 1. in these words Quibus propositis that is the commission of the Iustices being read and the cause of their comming being shewed debent Iusticiarii se transferre in aliquem locum secretum vocatis ad se quatuor vel sex vel pluribus de maioribus de comitatu qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum et sic inter se tractatum habeant Iusticiarii ad muicem ostendant qualiter a Domino Rege eius concilio prouisum sit quod omnes tam milites qùam alii qui sunt quindecim annorum ampliùs iurare debent qùod vtlagatos murditores robbatores burglatores non receptabunt neceis consentient nec eorum receptatoribus si quos tales nouerint illos attachiari facient hoc Vicecomiti baliuis suis monstrabunt si hutesium vel clameum de talibus audiverint statim audsto clamore sequantur cum familia hominibus de terra sua Here Bracton setteth downe 15. yeares for the age of those that are sworne to the kings peace but lib. 3. tract 2. cap. 11. num 5. he nameth 12. yeares See Inlaughe A man may note out of the premisses diuersities betweene the auncient and these our times in this point of law and gouernement as well for the age of those that are to be sworne as also that Decennier is not now vsed for the chief man of a Dozen but for him him that is sworne to the kings peace and lastly that now there are no other Dozens but leetes and that no man ordinarily giueth other security for the keeping of the kings peace but his owne oathe and that therefore none aunswereth for anothers transgression but euery man for himselfe And for the general ground this may suffice See Frankepledge Declaration declaratio is properly the shewing foorth or laying out of an action personall in any suite howbeit it is vsed sometime and indifferently for both personall and reall actions For example anno 36. Ed. 3. c. 15. in these words By the auncient termes and formes of declarations no man shall be preiudiced so that the mater of the action be fully shewed in the demonstration in the writ See the new Termes of lawe See Cownte Dedimus potestatem is a writ whereby commission is giuen to a priuate man for the speeding of some act appertaining to a Iudge The Civilians call it Delegationem And it is graunted most commonly vpon suggestiō that the partie which is to doe something before a Iudge or in court is so feeble that he cannot trauell It is vsed in diuers cases as to make a personall aunswer to a bill of complaint in the Chaunceric to make an Atturney for the following of a suite in the Countie Hundred Wapentake c. Oldnat br fol. 20. To levie a fine West part 2. symbol titulo Fines sect 112. and diuers other effects as you may see by Fitzh nat br in diuers places noted in the Index of the booke In what diuersitie of cases this writ or commission is vsed see the table of the Regist orig verbo Dedimus potestatem Deedes Facta signifie in our commō law wrighungs that containe the effect of a contract made betweene man and man which the ciuilians call literarum obligationem And of deeds there be two sorts deeds indented and deeds poll Which diuision as M. West saith parte i. Simbol lib. 1. sect 46. groweth from the forme or fashion of them the one being cut to the fashion of teeth in the toppe or side the other being plaine And the definition of a deede indented he expresseth thus Sect. 47. A deed iudented is a deede consisting of two partes or more in which it is expressed that the parties to the same deede haue to euery parte thereof interchangeabely or seuerally
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
some time for the place or circuit within the which the king or other Lord hath escheates of his tenents Bracton li. 3. tract 2. cap. 2. pupilla oculi parte 5. ca. 22. Escheate thirdly is vsed for a writ which lieth where the tenent hauing estate of see simple in any lands or tenements holden of a superiour lord dieth seised without heire generall or especiall For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenent and shall thereby recouer the same in liew of his seruices Fitzh nat br fol. 144. These that we call Escheats are in the kingdome of Naples called Excadentiae or bona excadentialia as Baro locat excadentias eo modo quo locatae fuerūt ab antiquo it a quod in nullo debit a servitia minuantur non remittit gallinam debitam Iacobutius de Franchis in praeludiis ad feudorum vsum tit 1. nu 29. nu 23. v. Maranta singularia verbo Excadentia And in the same signification as we say the fee is escheated the Feudists vse feudum aperitur li. 1. feud titulo 18. § 2. ti 15. ti 26. § 4. Escheatour Escaetor commeth of Escheate and signifieth an officer that obserueth the Escheates of the king in the countie whereof he is Escheatour and certifieth them into the Eschequer This officer is appointed by the L. treasurer and by leters patents from him and continueth in his office but one yeare neither can any be Escheatour aboue once in 3. yeares anno 1. H. 8. cap. 8. anno 3. eiusd ca. 2. See more of this officer and his authoritie in Cromptons Iustice of peace See an 29. Ed. 1. The forme of the Escheatours oath see in the Register original fol. 201. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a record Officium escaetriae is the escheatourship Register orig fo 259. b. Escuage Scutagiū commeth of the French Escu i. clypeus a bucler or sneild In our common lawe it signifieth a kinde of knights seruice called seruice of the shield whereby the tenent holding is bound to follow his Lord into the Scottish or Welsh warres at his owne charge for the which see Chyvalrie But note that Escuage is either vncertaine or certaine Escuage vncertaine is properly Escuage and knights seruice being subiect to homage fealtie ward and mariage so called because it is vncertaine how often a man shal be called to followe his lord into those wars and againe what his charge wil be in each iourney Escuage certaine is that which yearely payeth a certaine rent in lieu of all seruices being no further bound then to pay his rent called a knights fee or halfe a knights fee or the fourth part of a knights fee according to his land this leeseth the nature of knights seruice though it hold the name of Escuage being in in effect Soccage Fitzh nat br fol. 84. C. Esnecy Aesnecia is a prerogatiue giuen to the eldest coparcener to choose first after the inheritance is diuided Fleta li. 5. ca. 10. § in diuisionem Esplees Expletia seeme to be the full profits that the ground or land yeldeth as the hay of the medowes the feede of the pasture the corne of the earable the rents seruices and such like issues Ingham It seemeth to proceede from the latine expleo The profits comprised vnder this word the Romans call properly accessiones Nam accessionum nomine intelligūtur ea generaliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt l. 2. Π. De in diem adiectio li. 50. Π. Ad Trebel l. 61. § hiis etiam Π. de furt See the new Terms of law Esquier Armiger is in leters little altered from the french Escuier i. scutiger It signifieth with vs a gentleman or one that beareth armes as a testimony of his nobilitie or gentrie S. Thomas Smith is of opinion that at the first these were bearers of armes to Lords and Knights and by that had their name and dignity Indeede the french word is sometime translated Agaso that is a boy to attend or keepe a horse and in ould English writers it is vsed for a lackey or one that carieth the shield or speare of a knight Mast Camden in his Britannia pag 111. hath these words of them hauing spoken of Knights Hiis proximi fuere Armigers qui scutiseri hominesque ad arma dicti qui vel a clypeis gentilitiis qua in nobilitatis insignia gestant vel quia principibus matoribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo vnicuique militi seruiebant galeam clypeumque gestabant c. Hotoman in the sixth chapter of his disputatiōs vpon the feods saith that these which the French men call Escuiers were a militarie kinde of vassall haueing ius scuti which is as much to say he there interpreteth him selfe as that they bare a shield and in it the ensignes of their family in token of their gentility or dignity Essendi quietum de telonio is a writ that lieth for Citizens or burgesses of any city or towne that haue a charter or prescription to exempt them from tolle through the whole realme if it chaunce they be any where exacted the same Fitzh nat br fol. 226. Register fol. 258. Essoine Essonium commeth of the French Essoniè or exonniè i. causarius miles he that hath his presence forborne or excused vpon any iust cause as sicknesse or other incumbrance It signifieth in our common lawe an alledgement of an excuse for him that is summoned or sought for to appeare and answer to an action reall or to performe suite to a court baron vpon iust cause of absence It is as much as excusatio with the Ciuilians The causes that serue to Essoine any man summoned be diuers infinite yet drawne to fiue heads whereof the first is vltra mare the second de terra sancta the third de malo vemendi which is also called the common Essoine the fourth is de malo lecti the fifth de seruitio Regis For further knowledge of these I referre you to Glanvile in his whole first booke and Bracton li. 5. tractat 2. per totum and Brittan ca. 122. 123. 124. 125. and to Horns mirrour of Iustices li. 1. ca. des Essoinis who maketh mention of some more Essoines touching the seruice of the king celestiall then the rest doe and of some other points not vnworthie to be knowne Of these essoines you may reade farder in Fleta l. 6. c. 8. seqq that these came to vs frō the Normans is well shewed by the Grand Custumarie where you may find in a maner all said that our lawyers haue of this mater cap. 39. 40. 41. 42. 43. 44.
enabled to hould certaine plees of land within their owne precincts This word Gildes or Guildes is so vsed anno 37. Ed. 3. ca. 51. anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum is vsed for the fraternity of easterling merchaunts in London called the stilyard anno 22. H. 8. cap. octauo Ginger Zinziber is a spice well knowne being the roote of a plant that groweth in hot countries as Spaine Barbary c. The true forme whereof you haue expressed in Gerards herball li. 1. ca. 38. This is a spice whose roote is to be garbled anno 1. Iaco. ca. 19. Ginny peper piper de Ginnea is otherwise called Indian peper of the place whence it commeth The nature and farder description whereof you haue in Gerards herball lib. 2. ca. 66. This you haue mentioned among drugs and spices to be garbled in the statute i. Iaco. ca. 19. Gisarms anno 13. Ed. 1. stat 3. cap. 6. is a kinde of weapon Flet a writeth it Sisarmes lib. 1. ca. 24 § item quod quilibet Glaunce Ore Plowden casu Mines fo 320. b. Glanuill was a learned lawyer that was Chiefe Iustice in Henry the seconds dayes and writte a booke of the common lawes of England which is the auncientest of any extant touching that subiect Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He died in Richard the first his daies at the citie of Acres in the coast of Iury being with him in his voyage to the holy land Plowden casu Stowel fol. 368. b. Goe is vsed sometime in a speciall signification in our cōmon lawe as to go to God is to be dismissed the court Broke titulo Fayler de records num 1. Goe forward seemeth also to be a signe giuen by a Iudge to the Sergeant or Counceler pleading the cause of his client that his cause is not good For when he standeth vpon a point of lawe and heareth those words of the Iudges mouth he taketh vnderstanding that he looseth the action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the court Kitchin fol. 193. Good behauiour See Good abearing Good abearing Bonus gestus is by an especiall signification an exact cariage or behauiour of a subiect toward the king and his liege people whereunto men vpon their euill course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound then to the peace because where the peace is not broken without an affray or batterie or such like this suretie de bono gestu may be forfeited by the number of a mans company or by his or their weapons or harnesse Where of see more in that learned Writer in the same chapter as also in M. Cromptons Iustice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good country Bona patria is an Assise or Iury of country men or good neighbours Skene de verbo signif verbo Bona patria Graffer grafarius signifieth as much as a notarie or scriuener It commeth of the French greffier i. scriba actuarius This word is vsed in the statute anno 5. H. 8. c. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see diuers kindes in Gerards herball l. 3. ca. 148. These are cōprised among merchādise that be to be garbled an◠I. c. 19. Grand assise See Assise and Magna assisa Grand Cape see Cape and Attachment Grand Sergeanty See Chyvalrie Seargeantye Grand distresse Magna destrictio is a distresse taken of all the lands and goods that a man hath within the county or bayliwicke whence he is to be distrained Fleta li. 2. ca. 69. § penult See Distresse This word is vsed anno 51. H. 3. ca. 9. This falleth out when the defendant hath been attached and yet appeareth not vpō his attachment or whē he appeareth afterward makes default For then the Shyreeue is commanded to distreine the Defendant by all his goods and chatels and to answer the king the issues of his lands Grange grangia is a house or building not onely where corne is laide vp as barns be but also where there be stables for horses stalles for oxen and other catell sties for hogs and other things necessary for husbandry Lindwood ca. item omnes de iudiciis verbo Graungus in glossa Graunt Concessio grantum Glanvile signifieth specially in our common law a gift in writing of such a thing as cannot aptly be passed or conueyed by word only as rent reversions seruices advowsens in grosse common in grosse villein in grosse tythes c. or made by such persons as cannot giue but by deede as the king and all bodies politique which differences be often in speech neglected and then is it taken generally for euerry gift whatsoeuer made of any thing by any person and he that graunteth it is named the grauntour and he to whome it is made the Grauntee West parte i. symbol lib. 2. sect 334. A thing is said to lie in graunte which cannot be assigned with out deede Coke l. 3. Lincolnes Coll. case f. 63. a. Greate men are sometimes vnderstood of the laity of the higher house of parlament as anno 43. Ed. 3. ca. 2. anno 8. R. 2. in prooem and sometime of the knights c. of the lower house as anno 2. R. 2. stat 2. in princip Gree commeth of the French Grè i. sententia beneplaecitum It signifieth in our common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1. Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the descriptiion of England ca. 11. v. Rastal titulo exposition of words The new expounder of lawe termes writeth it Grichbreach and giueth it the same signification See Greve Greene hewe is all one with vert Manwood parte 2. of his forest lawes cap. 6. nu 5. See Vert. Greene waxe seemeth to be vsed for estretes deliuered to Shyreeues out of the exchequer vnder the seale of that court to be levied in the county anno 42. Ed. 3. ca. 9. anno 7. H. 4. cap. 3. See Forein apposer Greue praepositus is a word of power and authoritie signifiing as much as Dominus or praefectus Lamberd in his exposi of Saxon words verbo Praefectus Where he seemeth to make it all one with Reve as I thinke vndoubtedly it is The Saxon word is Gerefa whereof we haue diuers words compounded as Shyreeue Portgreave c. which were wont of the Saxons to be written Scyrgerefa Portgerefa See Shyreeue and Portgreve See Roger Hoveden parte poster suorum annal fo 346. b. where he saith thus Greue dicitur ideo quod iure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. miseriam vel malum Grithbreach
register fol. 234. which lyeth where the tenent for terme of life or of anothers life tenent by curtesie or tenent in Dower maketh a feofment in fee dyeth he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land after such feofment made Ingrossing of a fine is making the indentures by the chirographer and the deliuery of them to the party vnto whom the cognisance is made Fitzh nat br fol. 147. A. Ingrosser ingrossator commeth of the frence Grosseur i. crassiiudo or Grosier i. Solidarius venditor it signifieth in the common law one that buieth corne growing or dead victuall to sell againe except barly for mault oats for oatemeale or victuals to retaile badging by licence and buying of oiles spices and victualls other then fish or salte anno 5. Edward 6. cap 14. anno 5. Elizab cap 14. anno 13. Elizab. cap 25. these be M. Wests words parte 2. simbol titulo Inditements sect 64. howbeit this definition rather doth belong to vnlawfull ingrossing then to the word in generall see Forstaller Inheritance hareditas is a perpetuity in lands or tenements to a man and his heirs For Litleton cap i. lib i hath these words and it is to be vnderstand that this word inheritance is not onely vnderstand where a man hath inheritance of lands and tenements by discent of heritage but also euery fee simple or fee taile that a man hath by his purchase may be said inheritance for that that his heires may inherit him Seuerall inheritance is that which two or moe hould seuerally as if two men haue land giuen them to them and the heires of their two bodies these haue ioynt estate during their liues but their heires haue seuerall inheritance Kitchin fol 155. See the new terms of law verbo Enheritance Inhibition Inhibitio is a writt to inhibit or forbid a Iudge from farder proceding in the cause depēding before him See Fitzh nat br fol 39. where he putteth prohibition and inhibition together inhibition is most commonly a writ issuing out of a higher courte Christian to a lower and inferiour vpon an Appeale anno 24. H. 8. cap 12. and prohibition out of the kings courte to a court Christian or to an inferiour temporall court Iniunction iniunctio is an interlocutory decree out of the Chācerie sometimes to giue possession vnto the plaintife for want of apparence in the defendant sometime to the Kings ordinary court and somtime to the court Christian to stay proceeding in a cause vpon suggestion made that the regour of the law if it take place is against equitie and conscience in that Case see West parte 2. simb titulo Proceeding in Chauncery sect 25. Inlawgh Inlagatus vel homo sub lege signifieth him that is in some frank pledge of whome take Bractons words l. 3. tracta 2. cap. H. nu 5. Minor verò qui infra aetatem duodecim annorū fuerit vtlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlowghe anglicè sc in franco plegio siue decenna sicut masculus duodecim annorum vlteriūs c. Inlaughe significat hominem subiectum leg i Fleta li. i. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the kings protection and to the benifite or estate of a subiect Bracton lib. 3 tracta 2 cap. 14. nu 6. 7. 8. Britton cap 13. Inmates are those that be admitted to dwell for their mony iointly with another mā though in seuerall roomes of his mantiō house passing in and out by one doore and not being able to maintaine themselues which are inquiralle in a leete Kitchin fol 45 where you may reade him at large who be properly Inmates in intendment of law and whoe not Imprision anno 18 Ed 3 statu 4 cap. vnico seemeth to signifie so much as an attempt comming of the french empris which is all one with enterpris an enterprise Inquirendo is an authoritie giuen to a person or persons to inquire into some thing for the kings aduantage which in what cases it lieth see the Register originall fol. 72. 85. 124. 265. 266. 179. 267. Inquisition Inquisitio is a maner of proceeding in maters criminall by the office of the Iudge which Hostiensis defineth thus Inquisitio nihil aliud est quà m alicuius criminis manifesti ex bono aquo Iudicis compeientis canonicè facta investigatio ca. qualiter de accusatio In the Decretales this course we take here in England by the great Enquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with vs vsed for the King in temporall causes and profits in which kinde it is confounded with Office Stawnf praerog fo 51. See Office Inrolement Irrotulatio is the registring recording or entring of any lawful act in the rowles of the chauncerie as recognisance acknowledged or a statute or a fine leuied See West parte 2. symbol titulo Fines sect 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kinde of theeues in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that libertie did receiue in such booties of catell or other things as the out parters brought in vnto them See Out parters Interdiction Interdictio is vsed in the common lawe in the same signification that it hath in the canon lawe where it is thus defined interdictio est censura ecclesiastica prohibens administrationem diuinorum c. quod in te de paenitent remiss in the Decretals and thus is it vsed anno 24. H. 8. cap. 12. Interpleder See Enterpleder Intrusion Intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est vbi quis cui nullum ius competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem iacentem antequam adita fuerit ab harede vel saltem a domino capitals ratione custodiae vel ratione eschaeta si forte heredes non existant vel si post mortem alicuius per finem factum vel per modum donationis vbi successio sibi locum vendicare non possit vel si post mortem alicuius qui tenuit ad vitam debeat tenementum reverti ad proprietariū ponat quis se in seisinā antequā tenemētū illud veniat ad illū ad quem pertinere deberet ex praedictis causis with whome agreeth Fleta lib. 4. cap. 30. § 1. 2. See Britton cap. 65. to the same effect See the newe booke of Entries verbo Entrusion See Entrusion See disseisin the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased verbo Abatement and abatement in all other cases But I finde
not any latine word for abatement but intrusio so that I rather thinke these 2. english words to bee synonyma and Fleta cap. suprà citato seemeth direct against this his opinion Intrusione is a writ that lyeth against the intruder Register fol. 233. Inuentarie inuentarium is a description or repertory orderly made of all dead mens goods and catels prized by foure credible men or more which euery executor or administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Simb lib 2. sect 696. where likewise you may see the forme This Inuentary proceedeth from the ciuill law for whereas by the auncient law of the Romans the heire was tyed to aunswer all the testators debts by which meanes heritages were preiudiciall to many men and not profitable Iustinian to encorage men the better to take vppon them this charitable office ordained that if the heire would first make and exhibite a trew Inuentary of all the testatours substance comming to his hand he should be no furder charged then to the valew of the Inuentarie l. vlt. Cod. de Iure de liberando Inuest Inuestire commeth of the french word Inuester and signifieth to giue possession He are Hotoman de verbis fendalibus verbo Inuestitura Inuestitura barbarum nomen barbaricam quoque rationem habet Nam vt ait Feudista lib. 2. titulo 2. Inuestitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with vs we vse likewise to admit the tenents by deliuering them a verge or rodd into their hands and ministring them an oath which is called Inuesting others define it thus Inuestitura est alicuius in suumius introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure Ioynder is the coupling of two in a suite or action against another Fitzh nat br fol. 118. H. 20◠H. 221. H. in many other places as appeareth in the Index verbo Ioynder Ioynt tenents simul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hould lands or tenements by one title pro indiuiso or without partition Litleton lib. 3. cap. 3. and termes of law See Tenents in common Ioyning of issue Iunctio exitus See Issue Iointure Iunctura is a couenant whereby the husband or some other freind in his behalfe assureth vnto his wife in respect of mariage lands or tenements for terme of her life or otherwise See West part 2. Symbol lib. 2. titulo Couenants sect 128. and the new expositiō of the law terms it seemeth to be called a Ioynture either because it is granted ratione iuncturae in matrimonio or because the land in franke mariage is giuen ioyntly to the husband and the wife and after to the heirs of their bodies whereby the husband and wife be made ioynt tenents during the couerture Coke li. 3. Butler Bakers case f. 27. b. See franckmariage Ioynture is also vsed as the abstract of ioynt tenents Coke lib. 3. the Marques of Winchesters case fol. 3. a. b. Iunctura is also by Bracton and Fleta vsed for ioyning of one bargaine to another Fleta lib. 2. ca. 60. touching the selfe same thing and therefore ioynture in the first signification may be so called in respect that it is a bargaine of liuelyhood for the wife adioyned to the contract of mariage Iourn Choppers anno 8. Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarne were in those daies called iourn I cannot say but choppers in these daies are well knowne to be chaungers as choppers of churches c. Iourneyman commeth of the French Iournee that is a day or dayes worke which argueth that they were called Iourneymen that wrought with others by the day though now by statute it be extended to those likewise that couenant to worke in their occupation with another by the yeare anno quinto Elizabeth cap. quarto Issue Exitus commeth of the French Issir i. emanare or the substantiue Issue i. exitus euentus It hat diuers applications in the common lawe sometime being vsed for the children begotten betweene a man and his wife sometime for profits growing from an amercement or fine or expenses of suite sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of mater depending in suite wherupon the parties ioyne and put their cause to the triall of the Iury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage betweene the parents the profits growing to the king or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the triall of twelue men is the effect of pleading or processe Issue in this last signification is either generall or speciall Generall issue seemeth to be that whereby it is referred to the Iury to bring in their verdict whether the defendant haue done any such thing as the plaintife layeth to his charge For example if it be an offence against any statute and the defendant pleade not culpable this being put to the Iury is called the generall issue and if a man complaine of a priuate wrong which the defendant denieth plead no wrong nor disseisin and this be referred to the 12. it is likewise the generall issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. the speciall issue then must be that where speciall mater being alleadged by the defendant for his defence both the parties ioyne therevpon and so grow rath er to a demurrer if it be quaestio Iuris or to tryall by the Iurie if it be quaestio facti see the new booke of Entries verbo Issue Iuncture see Iointure Iure patronatus See the newe booke of Entries verbo Iure patronatus in quar◠impedit fol. 465. col 3. Iurie Iurata commeth of the french Iurer i iurare it signifieth in our common lawe a companie of men as 24. or 12. Sworne to deliuer a truth vpon such euidēce as shal be deliuered them touching the matter in question Of which triall who may and who may not be empaneled see Fitzh nat br fol. 165. D. And for beter vnderstanding of this point it is to be knowne that there be 3. maner of trials in England one by Parlament another by battle and the third by Assise or Iurie Smith de repub Anglorum lib 2. cap 5. 6. 7. touching the 2. former reade him and see Battell and Combat and Parlament the triall by Assise be the action ciuile or criminall publick or priuate personall or reall is referred for the fact to a Iurie and as they finde it so passeth the Iudgement and the great fauour that by this the King sheweth to his subiects more then the princes of other nations you may reade in Glanuil lib 2 cap 7. where he called it
latine word for him was Iusticia and not Iusticiarius as appeareth by Glan lib. 2. cap. 6. Roger Houeden parte poster suorum annalium fo 413. a. and diuers other places which appellation we haue from the Normans as appeareth by the grand custumary cap. 3. and I doe the rather note it because men of this function should hereby consider that they are or ought to be not Iusti in their iudgements but in abstract ipsâ— iusticia how be it I hould it well if they performe their office in concreto Another reason why they are called Iusticiary with vs and not Iudices is bicause they haue their authority by deputation as Delegates to the king and not iure magistratus and therefore cannot depute others in their steed the Iustice of the Forest onely excepted who hath that liberty especially giuen him by the statute anno 32. H. 8. cap. 35. for the Chanceller Marshall Admirall and such like are not called Iusticiarii but Iudices of these Iustices you haue diuers sorts in England as you may perceaue heare following The maner of creating these Iustices with other appertenences reede in Fortescu cap. 51. Iustice of the Kings bench Iusticiarius de Banco regis is a Lord by his office and the cheife of the rest wherefore he is also called Capitalis Iusticiarius Angliae his office especially is to heare and determine all plees of the crowne that is such as concerne offences committed against the crowne dignitie and peace of the King as treasons felonies may hems and such like which you may fee in Bracton lib. 3. tractat 2. per totum and in Stawnf treatise intituled the plees of the crowne from the first chapter to the 51. of the first Booke But either it was from the beginning or by time it is come to passe that he with his assistans heareth all personall actions and reall also if they bee incident to any personall action depending before them See Cromptons Iuridict fol. 67. c. of this court Bracton lib. 3. cap. 7. nu 2. saith thus placita verò ciuilia in rem personam in Curia Domini Regis terminanda coram diuersis iusticiarus terminantur Habet enim plures curias in quibus diversae actiones terminantur illarum curiarum habet vnam propriam sicut aulam regiam iusticiarios capitales qui proprias causas Regis terminant aliorum omnium per querelam vel per priuilegium siue libertatam vt si sit aliquis qui implacitari non debeat nisi coram Domino rege This Iustice as it seemeth hath no patent vnder the broad seale For so Crompton saith vbi supra He is made onely by writ which is a short one to this effect Regina Iohanni Popham militi saluteÌ„ Sciatis quod consistuimus vos Iusticiarium nostrum capitalem ad placita coram nobis terminandum durante beneplacito nostro Teste c. And Bracton in the place nowe recited speaking of the common plees saith that sine warranto inrisdictionem non habet which I thinke is to be vnderstood of a commission vnder the great Seale This court was first called the kings bench because the King sate as Iudge in it in his proper Person and it was moueable with the court See anno 9. H. 3. cap. 11. more of the Iurisdiction of this court see in Crompton vbi supra See Kings bench The oath of the Iustices see in the statute anno 18. Ed. 3. stat 4. See Oathe Iustice of common plees Iusticiarius communium placitorum is also a Lord by his office and is called Dominus Iusticiarius communium placitorum and he with his assistants originally did heare and determine all causes at the common lawe that is all ciuil causes betweene common persons as well personall as reall for which cause it was called the court of common plees in opposition to the plees of the Crowne or the Kings plees which are speciall and appertaining to him onely Of this and the Iuridisdiction hereof see Cromptons Iurisdiction fo 91. This Court was alwaies setled in a place as appeareth by the statute anno 9. H. 3. cap. 11. The oath of this Iustice and his associats see anno 18. Ed. 3. stat 4. See Oath Iustice of the Forest Iusticiarius Forestae is also a Lord by his office and hath the hearing and determining of all offences within the Kings forest committed against Venison or Vert of these there bee two whereof the one hath Iurisdiction oueral the forests on this side Trent the other of all beyond the cheifest point of their Iurisdiction consisteth vpon the articles of the Kings Charter called Charta de Foresta made anno 9. H. 3. which was by the Barons hardly drawne from him to the mitigation of ouer cruell ordinances made by his predecessors Reade M. Camdens Britan. Pag. 214. See Protoforestarius The Court where this Iustice sitteth and determineth is called the Iustice seate of the Forest held euery three yeares once whereof you may reade your fill in M. Manwoodes first part of Forest lawes pag. 121. 154. pag. 76. He is sometimes called Iustice in Eyre of the forest See the reason in Iustice in Eyre This is the only Iustice that may appoint a deputy per statutum anno 32. H. 8. cap. 35. Iustices of Assise Iusticiarii ad capiendas Assisas are such as were wont by speciall commission to be sent as occasion was offered into this or that county to take Assises the ground of which polity was the ease of the subiects For whereas these actions passe alway by Iury so many men might not without great hinderance be brought to London and therefore Iustices for this purpose were by commission particularly authorised and sent downe to them And it may seeme that the Iustices of the common plees had no power to deale in this kinde of busines vntill the statute made anno 8. Rich. 2. cap. 2. for by that they are enhabled to take Assises and to deliuer Gaols And the Iustices of the kings Bench haue by that statute such power affirmed vnto them as they had one hundred yeares before that Time hath taught by experience that the beter sort of Lawyers being fittest both to iudge and plead may hardly be spared in terme time to ride into the country about such busines and therefore of later yeares it is come to passe that these commissions ad â—apiedas Assisas are driuen to these two times in the yeare out of terme when the Iustices and other may beat leasure for these controuersies also whereupon it is also fallen out that the maters wont to be heard by more generall Commissions of Iustices in Eyre are heard all at one time with these Assises which was not so of ould as appeareth by Bracton lib. 3. c. 7. nu 2. Habet etiam Iusticiarios itineraÌ„tes de comitatu in Comitatum quandoque ad omnia placita quandoque ad quaedam specialia sicut Assisas c. ad Gaolas
Mearc which signifieth a peece of mony worth thirty siluer pence Lamb. explicat of Saxon words verbo Mancusa what it now signifieth in our coyne euery man knoweth But in auncient times I find a merke of gold which was the quantitie of eight ounces Stowes annals pag. 32. and againe pag. 691. 12. merkes of golde Troy weight the which was 200. pounds of English mony after which rate euery merke valued 16. pounds 13. shillings 4. pence M. Skene de verbor signific verbo Merke saith that in tractatu de ponderibus mensuris a Mercke signifieth an ounce weight or halfe a pound wherof the dramme is the eighth part like as the ounce is the eighth part of a marcke citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in iure capitur pro auro quorum 72. faciunt libram auri duodecim vncia faciunt libram octo vnciae mercaÌ„ Market mercatus commeth of the French marche i. emporium forum nundinarium it signifieth with vs the same thing and also the liberty or priuiledge whereby a towne is enabled to keepe a market Old nat br fol. 149. So doth Bracton vse it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to bee distant from another sex lencas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giueth in these wordes Quia omnes rationabiles dietae constant ex 20. milliaribus Diuidatur ergo dieta in tres partes prima auteÌ„ matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui merces deposuerint exposuerint venales quibus necessaria erit prolixior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quaequidem omnia necesse erit facere de die non de nocte propter infidias incursum latronum vt omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or â—halke which men in diuers countries of this Realme cast vpon their land to make it the more fertile It is some where called Malin anno 17. Edvard 4. cap. 4. Marque seemeth to bee a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the auncieÌ„t statutes of our land as much as reprisals as anno 4. H. 5. cap. 7. Marques and Reprisals are vsed as synonyma And leters of Marque are found in the same signification in the same chapter The reason may be because â—â—e griefes wherevpon these leâ—â—rs are sought and graunted are commonly giuen about the â—ounds and limits of euery contrey or at least the remedie for the same is likest there to bee had by some sodaine inrode happing of such recompence of the iniurie receiued as may most conueniently be lighted vpon See Reprisals See Marches Marquis Marchio by the opinion of Hotom verbo Marchio in verbis feudalibus commeth of the German March i. limes signifiing originally as much as Custos limitis or Comes praefectus limitis of these Zasius thus writeth de Marchione nihil compertuÌ„ est nisi quod Gothicum vocabulum putamus And afterward thus Huiusmodi Marchionum siue vt nos appellamus Margraphiorum origo in limitaneos praepositos siue duces referenda Margraphis dicti quòd limitibus quos vulgò marken appellamus graphii id est praepositi fuerunt c. For in those teritories that haue naturally noe bounds of great strength or defence there is neede of wise and stout men toward their borders for the keeping out of neighbour enemies But here in England though we haue a Lord warden of the marches northward and a warden of the cinque ports toward the south east and were wont to haue Lo. Marchers between vs and Wales that serued this turne yet those which we call Marquises are lords of more dignity without any such charge and are in honour and accompt next vnto Dukes At this day I know but one in England and that is the Marquis of Winchester being of that noble familie of the Powlets See Cassanaeus de consuetud Burg. pag. 15. Marrow was a lawyer of great accompt that liued in Henry the seuenth his daies whose learned readings are extant but not in print Lamb. Eiren. li. pri cap. 1. Marterns see Furre Master of the Rols Magister rotulorum is an AssistaÌ„t vnto the Lord Chauncelour of England in the high court of Chauncery and in his absence heareth causes there and giueth orders Crompt Iurisd fol. 41. His title in his patent as I haue heard is Clericus paruae bagae custos rotulorum domus conuersorum This domus conuersorum is the place where the rols are kept so called because the Iewes in auncient times as they were any of them brought to christianity were bestowed in that house separatly from the rest of their nation But his office seemeth originally to haue sprong from the safe keeping of the Roules or records of inditements passed in the kings courts and many other things He is called clerke of the rols anno 12. R. 2. ca. 2. and in Fortescue his booke cap. 24. and no where master of the rols vntil anno 11. Hen. 7. cap. 20. and yet anno 11. einsdem cap. 25. he is also called clerk In which respect Sir Thomas Smith li. 2. ca. 10. de Repnb Angl. well saith that he might not vnfitly be called Custos Archiuorum He seemeth to haue the bestowing of the offices of the sixe clerks anno 14. 15. Hen. 8. cap. 8. Master of the mint anno 2. Hen. 6. cap. 14. he is now called the Warden of the mint whose office see in Mint Master of the court of Wards and Liueries is the cheife and principall officer of the court of wards and liueries named and assigned by the king to whose custodie the seale of the court is committed He at the entring vpon his office taketh an oath before the Lord Chauncelour of England well and truly to serue the King in his office to minister equal iustice to rich poore to the best of his cunning witte and power diligently to procure all things which may honestly and iustly be to the kings aduaÌ„tage and profit and to the augmentation of the rights and prerogatiue of the crowne truly to vse the kings seale appointed to his office to end eauour to the vttermost of his power to see th 〈…〉 king iustly aunswered of all suc 〈…〉 profits rents reuenewes a 〈…〉 issues as shall yearely rise grow or be due to the king in his office from time to time to deliuer with speed such as haue to do before him not to take or receiue of any person any gift or reward in any case or mater depending before him or wherein the king shall be party
cap. 17. Bartolus in his Tractate De Nobilitate which he compiled vpon the lawe Si vt proponis C. de dignitatibus libro 12. rehearseth foure opinions de Nobilitate but reiecteth them and himselfe defineth it thus Nobilitas est qualitas illata per principatum tenentem qua quis vltra honestos plebeios acceptus ostenditur But this definition is too large for vs except we will accompt Knights and Banerets inter plebem which in mine opinion were too harsh For Equites among the Romanes were in a middle ranke inter Senatores plebem Nocumento See Nusance Nomination nominatio is vsed by the Canonists and common Lawyers for a power that a man by vertue of a maner or otherwise hath to appoint a Clerke to a patron of a benefice by him to be presented to the Ordinarie New termes of the lawe Non-abilitie is an exception taken against the plaintiffe or demandant vpon some cause why he cannot commence any suite in lawe as a Praemunire Outlawrie Villenage Excommunication or because he is a stranger borne The Ciuilians say that such a man hath not personam standi in iudicio See Broke hoc titulo see Fitzh nat br fol. 35. A. fol. 65. D. fol. 77. C. The new Expositour of lawe termes reckoneth sixe causes of Non-ability as if he be an outlawe a stranger borne condemned in a premunire professed in religion excommunicate or a villein Howbeit the second cause holdeth onely in actions reall or mixt and not in personall except he be a straunger and an enemie Non admittas See Ne admittas Non-age is all the time of a mans age vnder one and twenty yeares in some cases or fourteen in some as mariage See Broke titulo Age. See Age. Non capiendo clericum See Clerico non capiendo Non clayme Cromptons Iurisd fol. 144. seemeth to be an exception against a man that claimeth not within the time limited by lawe as within the yeare and day in case where a man ought to make continuall claime or within fiue yeares after a fine leuyed v. Coke lib. 4. in prooemio See Continuall clayme Non compos mentis is of foure sortes first he that is an idiot borne next he that by accident afterward wholy leeseth his wits thirdly a lunaticke that hath somtime his vnderstanding and sometime not lastly hee which by his own act depriueth himselfe of his right mind for a time as a drunkard Coke lib. 4. fol. 124. b. Non distringendo is a writ comprising vnder it diuers particulars according to diuers cases all which you may see in the Table of the Register original verbo Non distringendo Non est culpabilis is the generall answer to an action of trespasse whereby the defendant doth absolutely deny the fact imputed vnto him by the plaintiffe whereas in other especiall answers the defendaunt graunteth the fact to be done and alledgeth some reason in his defence why he lawfully might doe it And therefore whereas the Rhetoricians comprise all the substance of their discourses vnder three questions An sit quid sit quale sit this aunswere falleth vnder the first of the three all other answers are vnder one of the other two And as this is the generall aunswer in an action of trespasse that is an action criminall ciuily prosecuted so is it also in all actions criminally followed either at the suite of the king or other wherein the defendant denieth the crime obiected vnto him See the new booke of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an aunswer to a declaration whereby a man denyeth that to be his deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento fine breui is a writ to inhibit Bayliffes c. from distraining any man without the kings writ touching his free hould Register fol. 171. b. Non intromittendo quando breue praecipe in capite subdolè impetratur Is a writ directed to Iustices of the bench or in Eyre willing them not to giue one hearing that hath vnder the colour of intitling the king to land c. as houlding of him in capite deceitfully obteined the writ called praecipe in capite but to put him to his writ of right if he thinke good to vse it Register orig fo 4. b. Non mercandizando victualia is a writ directed to the Iustic̄es of Assise commaunding them to inquire whether the officers of such a towne doe sell victuals in grosse or by retaile during their office contrary to the statute and to punish them if they finde it true Register fol. 184. Non molestando is a writ that lyeth for him which is molested contrary to the kings protection graunted him Register fol. 24. Non omittas is a writ lying where the Shyreeue deliuereth a former writ to a Bayliffe of a fraunchis within the which the party on whom it is to be serued dwelleth the Bayliffe neglecteth to serue it for in this case the Shyreeue returning that he deliuered it to the Bayliffe this shal be directed to the Shyreeue charging him himselfe to execute the kings commaundement Old nat br fol. 44. of this the Reg. orig hath three sorts fol. 82. b. 151. and the Reg. Iudiciall one fol. 5. 56. Non ponendo in Assisis Iuratis is a writ founded vpon the stat Westm 2. ca. 38. and the stat Articuli super chartas ca. 9. which is graunted vpon diuers causes to men for the freeing them from Assises and Iuries See Fitzh nat br fol. 165. See the Register fol. 179. 100. 181. 183. Non procedendo ad Assisam Rege inconsulto is a writ to stop the triall of a cause appertaining vnto one that is in the kings seruice c. vntill the kings pleasure be farder knowne Reg. fol. 220. a. Non residentia pro clericis Regis is a writ directed to the Ordinary charging him not to molest a Clerk imployed in the kings seruice by reason of his non residence Register orig fol. 58. b. Non-suite is a renuntiation of the suite by the plaintife or demaundant when the mater is so farre proceeded in as the Iury is ready at the barre to deliuer their verdict anno 2. H. 4. ca. 7. See the new booke of Entries verbo Non-suite The ciuilians terme it Litis renunciationem Non soluendo pecuniam ad quam Clericus mulctatur pro non residentia is a writ prohibiting an Ordinary to take a pecuniary mulct imposed vpon a clerk of the kings for non-residence Regist orig fol. 59. Non tenure is an exception to a coumpt by saying that he houldeth not the land specified in the coumpt or at the least some parte of it anno 25. Ed. 3. stat 4. ca. 16. West parte 2. Simbol titulo Fines sect 138. maketh mention of non-tenure generall and non-tenure speciall See the new booke of Entries verbo Non-tenure where it is said that especiall non-tenure is an
praecepturum pro viribus opem impensurum vt ecclesiae dei omni populo Christiano vera pax omni suo tempore observetur Secundò vt rapacitates omnes iniquitates omnibus gradibus interdicat 3. vt in omnibus iudieiis aequitatem praecipiat misericordiam vt indulgeat et suā misericordiā clemens misericors Deus vt per Iustitiā suam firma gaudeant pace vniuersi And in the old abridgement of statutes set out in H. 8. daies I finde it thus described This is the oath that the King shall sweare at his coronation That he shall keepe and maintaine the right and the liberties of the holy church of old time graunted by the righteous Christian Kings of England and that he shall keepe all the lands honours and dignities righteous and free of the Crowne of England in all maner whole without any maner of minishment and the rights of the Crowne hurt decayed or lost to his power shall call againe into the auncient estate and that he shall keepe the peace of the holy church and of the clergy and of the people with good accord and that he shall doe in all his iudgements equitie and right iustice with discretion and mercie and that he shall graunt to hold the lawes customes of the realme and to his power keepe them and affirme them which the folke and people haue made and chosen and the euill lawes and customes wholly to put out and stedfast and stable peace to the people of this realme keepe and cause to be kept to his power and that he shall graunt no charter but where he may doe it by his oath All this I finde in the foresaide Booke titulo Sacramentum Regis and Charter of pardon quinto Oth of the Kings Iustices is that they well and truly shall serue the king and that they shall not assent to things that may turne to his dammage or disinheritance Nor that they shall take no fee nor liuerie of none but the king Nor that they shall take gift nor reward of none that hath adoe before them except it be meate and drinke of smal value as long as the plee is hanging before them nor after for the cause Nor that they shall giue councell to none in mater that may touch the King vpon paine to be at the kings will body and goods And that they shall doe right to euery person notwithstanding the Kings leters c. anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. eiusdem statuto per se Otho was a Deacon Cardinall of S. Nichens in carcere Tulliam and Legate for the Pope heere in England anno 22. H. 3. whose constitutions we haue at this day Stowes An. pa. 303. see the first constitution of the said Legat. Othobonus was a Deacon Cardinall of S. Adrian and the Popes legate heere in England anno 15. H. 3. as appeareth by the award made betweene the said King and his commons at Kenelworth his constitutions we haue at this day in vse Ouch anno 24. H. 8. ca. 13. Ouster le main Amouere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common law a Iudgement giuen for him that tendeth a trauers or sieweth a Monstrance de droit or petition For when it appeareth vpon the mater discussed that the King hath noe right nor title to the thing he seised then Iudgement shal be giuen in the Chauncery that the kings hands be amoued and thereupon Amoueas manum shal be awarded to the Escheatour which is as much as if the iudgement were giuen that he should haue againe his land v. Stawn praerog ca. 24. See anno 28. Ed. 1. stat 3. ca. 19. It is also taken for the writ graunted vpon this petition Fitzh nat br fol. 256. C. It is written oter le maine anno 25. Hen. 8. ca. 22. Ouster le mer vltra mare commeth of the French oultre i. vltra and le mer. i. mare and it is a cause of excuse or Essoine if a man appeare not in Court vpon Summons See Essoin Outfangthef aliâs vtfangthef is thus defined by Bracton li. 3. tra 2. ca. 34. vtfangthef dicitur latro extraneus veniens aliunde de terra aliena qui captus fuit in terra ipsius quitales habet libertates but see Britton otherwise fol. 91 b It is compounded of three Saxon words out i. extra fang i. capio vel captus and Thef i. fur It is vsed in the common law for a liberty or priuiledge whereby a Lord is inhabled to call any man dwelling within his owne fee and taken for felony in any other place and to iudge him in his owne court Rastals expos of words Owelty of seruices is an equality when the tenent parauaile oweth as much to the mesn as the mesn doth to the Lord paramont Fitzh nat br fol. 136 A. B. Outlawry vtlagaria is the losse or depriuation of the benefit belonging to a subiect that is of the Kings protection and the Realme Bracton li. 3. tract 2. ca. 11. num pri nu 3. Forisfacit vtlagatus omnia quae pacis sunt Quia a tempore quo vtlagatus est caput gerit lupinum ita quòd ab omnibus interfici possit impunè maxime si se defenderit vel fugerit ita quòd difficilis sit eius captio nu 4. Si autem non fugerit nec se defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outeparters anno 9. H. 5. ca. 8. seemeth to be a kind of theeues in Ridesdall that ride abroad at their best advantage to fetch in such catell or other things as they could light on without that liberty some are of opinion that those which in the forenamed statute are termed out-patters are at this day called out-putters and are such as set matches for the robbing of any man or house as by discouering which way he rideth or goeth or where the house is weakest fittest to be entred See Intakers Owtryders seeme to be none other but bayliffe errants employed by the Shyreeues or their fermers to ride to the fardest places of their counties or hundreds with the more speede to summon to their county or hundred courts such as they thought good to worke vpon anno 14. Ed. 3. stat 1. ca. 9. Oxgang of Land Bouata terrae Sixe oxgangs of land seeme to be so much as sixe oxen will plough Crompton iurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lyeth in gainour old nat br fol. 117. M. Skene de verbor significat verbo Bovata terrae saith that an oxen-gate of land should alway conteine 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌ„manding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction land or fraunchis and generally when any thing is done to the Nusance of the kings tenents Et idem eodem fol. 203. saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his Forest lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a neighbour by a neighbour lying neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw 〈…〉 t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour 〈…〉 i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne and other victuall for the house of him whose Officer he is See magna charta cap. 22. 3. Ed. prim cap. 7. cap. 31. anno 28. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â—4 Power of the countie posse c 〈…〉 tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
within his prouince immediatly The appointing of a keeper or guardian of the spiritualties during the vacancie of any bishopricke By which means all episcopall rites of the Dioces for that time do belong vnto him as Visitation Institution to Benefices and such like The visitation of euery Diocesse within his prouince when in what order it pleaseth him As also of all other priuiledged Churches The probate of Testaments and graunting of administrations in case where the party deceased hath goods of any considerable valew out of the diocesse wherein he dyeth And that valew is ordinarily fiue pounds except it be otherwise by composition betweene the said Archbishop and some other Bishop as in the Diocesse of London it is tenne pounds The probate of euery Bishops Testament or the administration of his goods dying intestate though not hauing any goods chatels or debts without the compasse of his owne iurisdiction The bestowing of any one dignitie or prebend in any Cathedrall church vpon the creation of a new Bishop that himselfe thinketh good to make choice of There may be more particulars of this prerogatiue that I know not but these may be sufficient to expresse the thing that I desire to declare Who so desireth to reade these more at large and other priuiledges of this Church in temporall maters may resort to the booke intituled De antiquitate Britannicae Ecclesia nominatim de priuilegiis Ecclesia Cantuariensis historia and especially to the 8. chapter of the said booke pa. 25. Prerogatiue Court curia prerogatiuae Archiepiscopi Cantuariensis is the Court wherein all Wils be proued and all administrations taken that belong to the Archbishop by his prerogatiue which see in Prerogatiue And if any contention do grow betweene two or more touching any such will or administration the cause is properly debated determined in this Court The Iudge of this Court is called Iudex Curiae praerogatiuae Cantuariensis The Archbishop of Yorke hath also the like power and court which is tearmed his Exchequer but farre inferiour to this in countenance and profite Prescription praescriptio is a course or vse of any thing for a time beyond the memory of man as the exposition of the law terms doth define it Kitchin fol. 104. saith thus Prescription is when for continuance of time whereof there groweth no memory a perticuler person hath perticuler right against another perticuler person And custome is where by continuance of time beyond memorie diuers persons haue gotten a right with whome agreeth Sir Edward Cooke lib. 4. fol. 32. a. And vsage is by continuance of time the efficient cause of them both and the life of both prescription and custome Thus saith Kitchin But as in the Ciuill lawe so I think likewise in the common Prescription may be in a shorter time As for example where the Satute anno 1. H. 8. cap. 9. saith that all actions popular must be siewed within three yeares after the offence committed and the Statute anno 7. eiusdem cap. 3. That foure yeares being past after the offence committed in one case and one yeare in another no suite can be commenced and the Statute 31. Eliz. cap. 5. saith by way of correcting the two former statutes that all actions c. brought vpon any Statute the penaltie whereof belongeth to the King shall be brought within two yeares after the offence committed or else be voide And the Satute anno 39. Eliz. cap. prim secund saith that actions brought after two yeare by any common person or after three yeares by the king alone for decay of husbandry or tillage shall bee of noe force Whosoeuer offendeth against any such Statute and doth escape vncalled for two yeares or three yeares in one case of the two later of these three Statutes may iustly be said to haue prescribed an immunitie against that action The like may be said of the Statute made anno 23. Eliz. cap. prime which saith that all offences comprised in the Statute made in the 13. yeere of Eliz. cap. 2. are inquirable before both Iustices of peace and of Assise within one yeare and a day after the offence committed Also the title that a man obtaineth by the passing of fiue yeares after a fine acknowledged of any lands or tenements may iustly be said to be obtained by prescription And whereas the Statute anno 8. R. 2. cap. 4. saith that a Iudge or Clerke convicted for false entring of plees c. may be fined within two yeares the two yeares being ended he prescribeth against the punishment of the saide Statute and whereas the Statute anno 11. H. 7. saith that he which will complaine of maintenance or embracery whereby periurie is committed by a Iurie must doe it within sixe dayes those sixe daies ended the parties prescribe and whereas the statute anno prim Ed. 6. saith that a man being not indicted within 3 monethes of any offences there mentioned touching Seruice and Sacraments he shal be cleare from thence forward the three monethes being ended he prescribeth And the same may be said of the statute anno 5. Ed. 6. cap. 5. which saith that a man shall not be indited of any offence there mentioned touching the decay of tillage after 3. yeares And whereas it is ordeined by the statute anno 8. H. 6. cap. 9. that those which keepe possession of lands by force after 3. yeares possession held by themselues their auncestours shall not be subiect to the arbitrement of Disseisours there set down I hould this a prescription likewise against those censures v. anno 23. H. 6. ca. 15. Lastly a seruant prescribeth liberty after a yeare Bracton li. 1. ca. 10. nu 3. and the right that is gotten in any Stray to a Lord of a maner no man claiming it within the yeare and day after proclamation made is an vsucapion or prescription See Action perpetuall and temporall And see Cromptons Iustice of peace fol. 173. b. vbi habebis festum But see one rule for all in Lamb. Eirenarch li. 4. ca. 5. pa. 469. Of this prescription and the learning touching the same you may reade a solemne report in S. Ed. Cookes and Luttrels case vol. 4. fo 84. b. seqq Presentation Praesentatio is vsed properly for the act of a patron offering his Clerke to the Bishop to be instituted in a benefice of his gift the forme whereof see in the Register originall fol. 302. a. Presentment is a meere denuntiation of the Iurours themselues or some other offices as Iustice Constable searcher surueiours c. without any information of an offence inquirable in the court wherevnto it is presented See Lamberd Eirenarcha lib. 4. ca. 5. pa. 467. President Praeses is vsed in the Common law for the kings Liuetenent in any Prouince or function as President of Wales of Yorke of Barwick President of the Kings Councell anno 22. H. 8. cap. 8. anno 24. H. 8. cap. 3. 14. Preignotarie Protonotarius is a word that seemeth to be made
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
to them and their successours See Appropriation Prorata portionis See Onerando pro rata portionis Protection protectio hath a generall and a speciall signification In the generall it is vsed for that benefite and safetie that euery subiect or Denizen or alien specially secured hath by the Kings lawes And thus it is vsed anno 25. Ed. tertii capite 32. Protection in the speciall signification is vsed for an exemption or an immunitie giuen by the King to a person against suites in lawe or other vexations vpon reasonable causes him thereunto moouing which I take to be a braunch of his prerogatiue And of this protection Fitzh maketh two sortes in his nat br fol. 28. The first forme or sort he calleth a protectiō cum clausula volumus wherof he mentioneth foure particulars A protection quia profecturus for him that is to passe ouer sea in the kings seruice A protection quia moratur for him that is abroad in the Kings seruice vpon the sea or in the marches anno 7. H. 7. cap. 2. A protection for the Kings debter that he be not siewed or attached vntill the King be payed his debt See anno 15. Ed. 3. This some Ciuilians call moratoriam which see In singularibus Marantae verb. Princeps pag. 79. col 2. And a protection in the kings seruice beyond the seas or on the marches of Scotland whereof you may reade something anno 1. R. 2. cap. 8. See the Regist orig fol. 23. and Britton cap. 123. The second forme of protection is tearmed cum clausula Nolu 〈…〉 which is graunted most commonly to a spirituall company for their immunitic from taking of their catell by the Kings ministers But it may be graunted also to one man spirituall or temporall Of these things reade the same authour and the formes of these writs See also in the Register originall fol. 22. 23. And see the new Expositour of lawe termes to what action the kings protection doth not extend See also the new booke of Entries verbo Protection Protonotarie protonotarius See Preignetarie Protestation protestatio is as Iustice Walsh defineth it a defence or safegard to the partie which maketh it from being cōcluded by the act he is about to doe that issue cannot be ioyned vpon it Plowden fol. 276. b. whereof see the Register original fol. 306. b. And see Protest Protest protestari hath two diuers applications one is by way of cautell to call witnesse as it were or openly to affirm that he doth either not at all or but after a sort yeeld his consent to any act as vnto a proceeding of a Iudge in a court wherein his iurisdiction is doubtfull or to answer vpon his oath farder then he by lawe is bounde See Plowden casu Gresbroke fol. 276. b. and the Register orig fol. 306. b. Another is by way of complaint to protest a mans bill For example if I giue mony to a Merchant in Fraunce taking his bill of exchange to be repayed in England by one to whome he assigneth me if at my comming I find not my selfe satisfied to my contentment but either delayed or denyed then I goe into the Burse or some open concurse of Merchants and protest that I am deceiued by him And thereupon if he haue any goods remaining in any mans hands within the Realme the lawe of Merchants is that I be paid out of them Prouuer Probator See Approuuer anno 5. H. 4. ca. 2. See Approuours Prouince Prouincia was vsed among the Romans for a Country without the compasse of Italie gained to their subiection by the sword wherevpon the part of Fraunce next the Alpes was soe called of them when it was in their dominion and of that carieth the same name at this present But with vs a province is most vsually taken for the circuit of an Archebishops Iurisdiction as the Province of Canterbury and the province of Yorke anno 32. H. 8. cap. 23. anno 33. eiusdem cap. 31. yet it is vsed diuers times in our statutes for seuerall parts of the Realme Provinciall Prouincialis is a cheife gouernour of an order of Friers anno quar Henr. quar cap. 17. Protoforestarius was he whom the auncient kings of this Realme made chiefe of Winsour forest to heare all causes of death or mayhem or of slaughter or of the Kings deare within the Forest Camd. Britan. pag. 213. See Iustice of the Forest Prove See Profe Prouision Provisio is vsed with vs as it is vsed in the Canon lawe for the providing of a Bishop or any other person of an ecclesiasticall liuing by the Pope before the Incumbent be dead It is also called gratia expectatiua or Mandatum de providendo The great abuse whereof in the Pope through all Christendome heretofore you may read not only in Duarenus de sacris ecclesiae ministoriis beneficiis lib. 3. cap. 2. but also for England particularly in diuers statuts of the Realme viz. anno 25. Ed. 3. cap. 22 sttat 4. statu 5. commonly called the statute de prouiscribus anno 27. eiusdem cap. i. anno 38. eiusdem stat 2. cap. 1. 2. 3. 4. anno 38. eiusdem anno 2. Rich. 2. cap. 7. anno 3. eiusdem cap. 3. anno 7. eiusdem cap. 12. anno 12. eiusdem cap. 15. anno 13. eiusdem stat 2. cap. 2. 3. anno 16. eiusdem cap. 5. anno 2. H. 4. cap. 3. 4. anno 5. eiusdem cap. pri anno 7. eiusdem cap. 6. 8. anno 9. eiusdem cap. 8. anno 3. H. 5. cap. 4. See Praemunire Provisour Provisor is he that sieweth to the court of Rome for a prouision old nat br fol. 143. See Provision Proviso is a condition inserted into any deede vpon the obseruance wherof the validitie of the deede consisteth which forme of condition seemeth to be borrowed from Fraunce for Pourve u Gallicum semper conditionem inducit Tiraquel tomo 3. pag. 216. Our common lawyers say that it sometime signifieth but a couenant whereof you haue a large disdispute in the 2. booke of Sir Ed. Cokes reports in the Lord Cromwels case It hath also another signification in maters Iudiciall as if the plaintife or demaundant desist in prosecuting an action by bringing it to a triall the defendant or tenent may take out the venire facias to the Shyreeue which hath in it these words Prouiso quòd c. to this ende that if the plaintife take out any writ to that purpose the shyreeue shall summon but one Iurie vpon them both See old natura breuium in the writ Nisi prius fol. 159. Purchas See pourchas Purfles of a womans growne anno 33. H. 8. cap. 5. Purgation Purgatio is a cleering of a mans selfe from a crime whereof he is probably and publiquely suspected and thereof denounced to a Iudge Of this there was great vse in England touching maters of felonie imputed to Clerks in former time as appeareth by Stawnf pl.
writ and not those that he houldeth of course or custome And in that case also it may be gathered out of the same authour that he hath a record but with the testimony of those annexed that be suiters to the Court. Which seemeth to agree with Bractons words aboue specified Seruiens Hundredi habet recordum in testimonio proborum hominum And to this purpose read Glanuile lib. 8. cap. 8. 9. 10. One Iustice vpon view of forcible detinew of land may record the same by statute anno 15. R. 2. cap. 2. the Maior and Constables of the Staple haue power to record recognisances of debt taken before them anno 10. H. 6. ca. 1. Brooke titulo Record seemeth to say that no court ecclesiasticall is of record how truly it is to be inquired For Bishops certifiing bastardy bigamy excommunication the vacancy or plenarty of a Church a mariage a diuorce a spirituall intrusion or whether a man be professed in any religion with other such like are credited without farder enquiry or controlment See Brooke titulo Bastardy See Fleta lib 6. ca. 39. 40. 41. 42. Lamb. cirenarcha lib pri cap. 13. Glanuile li. 7. ca. 14. 15. the Register originall fol. 5. b. Bracton lib. 5. tracta 5. ca. 20. nu 5. Britton ca. 92. 94. 106. 107. 109. Doct. and Stud. li. 2. ca. 5. but especially Cosius apologie parte pri ca. 2. And a testament shewed vnder the seale of the Ordinary is not trauersable 36. H. 6. 31. Perkins Testament 491. Fulb. paral fol. 61. b. But it may be that this opinion groweth from a difference betweene that law whereby the court Christian is most ordered and the common law of this land For by the ciuile or canon law no instrument or record is held so firme but that it may be checked by witnesses able to depose it to be vntrue Co. plu◠valere quod agitur quà m quod simulate concipitur ca. cùm Iohannes 10. extra de fide instrumentorum Whereas in our common law against a record of the Kings Court after the terme wherein it is made no witnes can preuaile Britton ca. 109. Coke lib. 4. Hindes case fol. 71. lib. assisarum fol. 227. nota 21. This reconciliation may be iustified by Brooke himselfe titulo Testaments num 4. 8. 14. and by Glanuile lib. 8. cap. 8. The King may make a court of record by his graunt Glanuil li. 8. ca. 8. Britton cap. 121. as for example Queene Elizabeth of worthy memory by her Charter dated 26. Aprilis anno 3. regni sui made the Consistory Court of the Vniuersity of Cambridge a Court of record There are reckoned among our common lawyers three sorts of records viz A record iudiciall as attainder c. A record ministeriall vpon oath as an office found A record made by conueyance by consent as a fine deede enrolled or such like Coke li. 4. Andrew Ognels case fo 54. b. Recordare facias or recordari facias is a writ directed to the Shyreeue to remoue a cause depending in an inferiour court to the Kings bench or common plees as out of a court of auncient Demesn Hundred or Countie Fitz. nat br fol. 71. B. out of the countie Court idem fo 46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learne more exactly where and in what cases this writ lyeth reade Brooke in his Abridgm titulo Recordare pone It seemeth to be called a recordare because the forme is such that it commaundeth the Shyreeue to whom it is directed to make a record of the proceeding by himselfe and others and then to send vp the cause See the Register verbo Recordare in the Table of the originall Writs See Certiorart See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis Curia â iudicio faciendo non debet amoueri Grand Custumarie of Norm cap. 107. 121. Whereby it appeareth that those which were necessarie Iudges in the Duke of Normandies Courts were called Recorders and who they were is shewed in the ninth chapter of the said booke And that they or the greater part of them had power to make a record it is euident in the chapter 107. Here in England a Recorder is he whome the Maior or other Magistrate of any citie or towne corporate hauing Iurisdiction or a Court of record within their precincts by the Kings graunt doth associate vnto him for his beter direction in maters of Iustice and proceedings according vnto lawe And he is for the most part a man well seene in the common lawe Recordo processis mittendis is a writ to call a Record together with the whole proceeding in the cause out of one court into the Kings Court Which see in the Table of the Register orig how diuersly it is vsed Recordo vtlagariae mittendo is a writ Iudiciall which see in the Register iudicial fol. 32. Recouerie Recuperatio cōmeth of the French Recouvrer i. Recuperare It signifieth in our commō lawe an obteining of any thing by Iudgement or triall of lawe as evictio doth among the Ciuilians But you must vnderstand that there is a true recouerie and a feigned A true Recouerie is an actuall or reall recouerie of any thing or the value thereof by Iudgement as if a man siewed for any land or other thing moueable or immoueable and haue a verdict and Iudgement for him A feigned recouerie is as the Ciuilians call it quaedam fictio iuris a certaine forme or course set downe by lawe to be obserued for the beter assuring of lands or tenements vnto vs. And for the beter vnderstanding of this reade West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a Recouerie is to discontinue and destroy estates Tayles Remainders and Reuersions and to barre the former owners thereof And in this formality there be required 3. parties viz. the Demaundant the Tenent and the Vowchee The Demaundant is he that bringeth the writ of Entrie and may be termed the Recouerer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vowchee is he whom the tenēt vowcheth or calleth to wartantie for the land in demaund West vbi supra In whom you may reade more touching this mater But for example to explane this point a man that is desirous to cut of an estate tayle in lands or tenements to the end to sell giue or bequeath it as him self seeth good vseth his frend to bring a writ vpon him for this land He appearing to the writ saith for him selfe that the land in question came to him or his auncesters from such a man or his auncester who in the conueiance thereof bound him selfe and his heires to make good the title vnto him or them to whome it was conueied And so he is allowed by the court to call in this third man to
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of Right which is of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the statute anno 27. Ed. 3. stat 2. cap. 17. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners by direction from the mouth of the King Guins preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
in the reuersion commeth in and prayeth to be receiued to defend the land and to plead with the Demandant Many more you may haue in Brooke titulo Resceite fol. 205. See Perkins Dower 448. â—eceit is also applied to an admittance of plee though the controuersie be but betweene two onely Brooke estoppell in many places Resceyt of homage is a relatiue to doing homage for as the Tenent who oweth homage doth it at his admission to the land so the Lord receiueth it Kitchin fol. 148. See Homage Rescous Rescussus commeth of the French Rescourre se Rescourre du danger i. asserere se ab iniuria It signifieth in our common law a resistance against a lawfull authoritie as for example if a Baylife or other officer vpon a writ doe arrest a man and another one or more by violence doe take him away or procure his escape this act is called a Rescus Cassanaeus in his booke de consuetud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations do vse this word in the same signification that we doe or the very like It is also vsed for a writ which lyeth for this act called in our lawyers latine Breue de rescussu whereof you may see both the forme and vse in Fitzh nat br fol. 101. and the register originall fol 125. See the new booke of Entries verbo rescous This rescous in some cases is treason and in some felony Crompton Iustice fol 54. b. Reseiser reseisire is a taking againe of lands into the Kings hands whereof a generall liuery or ouster le main was formerly missued by any person or persons and not according to forme and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir i. residere and signifieth a mans aboad or continuance in a place Old nat br fo 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custome of speach tyeth that onely to persons ecclesiasticall Reseruation signifieth that rent or seruice which the graunter in any graunt tyeth the grauntee to performe vnto him or them or the Lord Paramonte Perkins reseruations per totum Residence residentia commeth of the Latine residere and is peculiarly vsed both in the Canon and Common lawe for the continuance or abode of a Parson or Vicar vpon his benefice The default whereof except the partie be qualified and dispenced with is the losse of tenne pounds for euery moneth anno 28. Henr. 8. cap. 13. Resignation resignatio is vsed particularly for the giuing vp of a Benefice into the hands of the Ordinarie otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by vse more restreined to the yeelding vp of a spirituall liuing into the hands of the Ordinarie and Surrender to the giuing vp of temporall lands into the handes of the Lord. And a resignation may now be made into the hands of the King as well as of the Diocesan because he hath supremam authoritatem Ecclesiasticam as the Pope had in time past Plowden casu Grendon fol. 498. a. Resort is a word vsed properly in a writ of ayle or cousenage as discent is in a writ of right Ingham Respectu computi Vice-comitis habendo is a writ for the respiting of a Shyreeues accompt vpon iust occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 279. Respight of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the tenent that holdeth by homage Which respight may be occasioned vpon diuers good reasons but it hath the most frequent vse in such as hold by Knights seruice in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certaine times in the yeare some small summe of money to be respighted vntill the Prince may be at leasure to take it in person Responsions responsiones seeme to be a word vsed properly and especially by the knights of S. Iohn of Ierusaiem for certaine accompts made vnto them by such as occupied their landes or stockes anno 32. H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference betweene atturn atum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came onely to alledge the cause of the parties absence be he the demandant or tenent and responsalis came for the tenent not onely to excuse his absence but also to signifie what triall he meant to vndergoe viz. the combat or the countrie lib. 6. cap. 11. § Si autem A man in auncient time could not appoint an Atturney for him without warrant from the king Fleta eodem cap. 13. in fine See Atturney This word is vsed in the Canon lawe Et significat procuratorem vel eum qui absentem excusat cap. Cùm olim propter extra de rescript Restitution restitutio is a yeelding vp againe of any thing vnlawfully taken from another It is vsed in the common law most notoriously for the setting him in possession of lands or tenements that hath bene vnlawfully disseised of them which when it is to be done and when not see Cromptons Iustice of peace fol. 144. b. c. vsque 149. Restitutione extracti ab Ecclesia is a writ to restore a man to the Church which he had recouered for his sanctuarie being suspected of felonie Register ori fol. 69. a. Restitutione temporalium is a writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes royall assent thereunto for the recouery of the temporalities or Baronie of the said Bishopricke with the appurtenances And it is directed from the King to the Escheatour of the Countie the forme whereof you haue in the Regist origin fol. 294. and in Fitz. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the partie or such like Brook tit See Resummons fol. 214. See of these foure sorts according to the foure diuers cases in the Table of the Register Iudiciall fol. 1. See also the new booke of Entries verbo Reattachement Resummons Resumption resumptio is particularly vsed for the taking again into the Kings hands such land or tenements as before vpon false suggestion or other error he had deliuered to the heire or graunted by leters
releeue them Stawnf vbi supra See of this the new booke of Entries verb Sanctuary and Fleta lib. 1. cap. 29. And how by degrees they haue beene taken away you may read partly in him and partly in the statutes a. 26. H. 8. ca. 13. anno 28. eiusdem ca. 7. anno 32. eiusd ca. 12. anno 33. eiusdem cap. 15. anno pri Ed. 6. cap. 12. ann 2. eiusdem cap. 2. cap. 33. anno 5. eiusdem cap. 10. See Abiuration Salarie salarium is a recompence or consideration made to any man for his paines or industry bestowed vpon another mans busines So called as Pliny saith qui tam necessarium quam sal homini The word you haue anno 23. Ed. 3. ca pri Salmon pipe anno 25. H. 8. cap. 7. is an engine to catch Salmons and such like fish Sandall anno 2. Rich. 2. cap. 1. is a merchandize brought into England And it seemeth to be a kinde of wood brought out of India For Sandal in French so signifieth and in latine it is called Santalum Sarcling time or time of sarcling Seemeth to be all one with hey seele Or the time when the country man weedeth his corne And it proceedeth from the latine sarculare to rake or weed Or from the French Sarcler which hath all one signification Sarpler Sarplera lanae is a quantitie of woll This in Scotland is called Serplathe and conteineth fourescore stone for the Lords in the counsell in anno 1527. decreed foure serpliathes of packed wolle to containe 16. score stone of woll by the trafique of Merchants now vsed The Merchants vse to fraught for their goods to FlauÌ„ders by the Sack to Fraunce Spaine and England by the Tunne and to Dansken and the Easter seas by the SerpliaÌ„the Skene de verbo significatione verbo Serpliathe with vs in England a loade of wolle as I haue beene informed consisteth of 80. todde each todde consisting of two stone and each stone of 14. pound And that a Sack of wolle is in common accoumpt equall with a load and a Sarpler otherwise called a pocket is halfe a Sack Further that a packe of wolle is a horse loade which consisteth of 17. stone two pounds Fleta lib. 2. cap. 12. saith that all our English measures are compounded of the peny sterling which weigheth 32. wheate cornes of the middle sort and that 2. of those pence make an ounce and 12. ounces a pound in weight or 20. shillings in number and that 8. pound of wheat maketh a ialon or a galon as we now call it and eight galons a bushell and 8. bushels a common quarter Also that 15. ounces of the quantitie aforesaid doe make a merchants pounde And that 12. such pound and a halfe make a stone and that 14. stone make a waigh and that two waighes or 28. stone make a sack of wolle which ought to waigh a quarter of wheate and that 12. sacks make a last So that a waigh and a sarpler seemeth to be all one but that the sarpler is the case and the weigh respecteth the quantitie of the wolle it selfe And that a loade and a sacke is all one Saunkfin is a pharse vsed by Britton cap. 119. for the determination or finall end of the lineall race or discent of a kindred It seemeth to come from the French Sang. i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man hauing made default in court commeth afterward and alleadgeth good cause why he did it as imprisonment at the same time or such like Newe booke of Entries verbo Sauer de default Saulfe conduict Salvus conductus is a security giuen by the Prince vnder the broad seale to a straunger for his quiet comming in and passing out of the Realme touching which you may see the statuts anno 15. H. 6. cap. 3. anno 18. eiusdem ca. 18. anno 28. H. 8. cap. pri The forme of this see in the Register originall fol. 25. Stawnford was a man very learned in the common lawes of the land wherein he wrote 2. bookes one termed the plees of the Crowne the other the Princes prerogatiue He florished in the daies of Ed. the sixth and of Queene Mary being in Queene Maries daies a Iudge and knighted Scandalum Magnatum is the especiall name of a wrong done to any high personage of the land as Prelates Dukes Earles Barons and other Nobles and also of the Chanceler treasurer clerk of the priuy seale steward of the kings house Iustice of the one bench or of the other other great officers of the realm by false news or horrible false messages whereby debates and discords betwixt them and the commons or any scandall to their persons might arise anno 2. R. 2. cap. 5. Scauage otherwise called Shewage is a kind of tolle or custome exacted by Maiors Shyreeue and Baylifs of Cities and Borough townes of Merchants for wares shewed to be soulde within their precincts which is forbidden by the statute anno 19. H. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shewe whence is the word Sceaw-stowe a theater or shew place a beholding place M. Verstegan in his restitution of decayed intelligences litera S. Scire facias is a writ Iudiciall most commonly to call a man to shew cause vnto the Court whence it is sent why execution of a Iudgement passed should not be made This writ is not graunted before a yeare and a day be passed after the Iudgement giuen ould nat br fol. 151. Scire facias vpon a fine lieth after a yeare and a day from the fine levied Otherwise it is all one with the writ hababere facias seisinam West part 2. simb titulo fines sect 137. See an 25. Edwardi 3. Sta. 5. cap. 2. v. anno 39. Eliz. cap. 7. The Register originall and Iudiciall also in the table sheweth many other diuersities of this writ which reade See also the newe booke of Entries verb. Scire facias Scyra Camd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French eseot i. symbolum Rastall saith it is a certaine custome or common tallage made to the vse of the Shyreeue or his Baylifes Saxon in his description of England cap. 11. saith thus Scot a gadering to worke of Bailes what he meaneth God knoweth I thinke the place is corruptly printed Scot saith M. Camden out of Mathewe of Westm illud dicitur quod ex diuersisrebus in vnum aceruum aggregatur In the lawes of William the Conquerour set forth by M. Lamberd fol. 125. you haue these words Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt ane hlote aue scote persolâ—antur secundum legem Anglorum Scot and Lot anno 33. H. 8. ca. 19. signifieth a custumary contribution laid vpon all subiects after their hability Roger Houeden writeth
of common-plees where the common lawe of England is most strictly obserued These are made by the Kings mandat or writ directed vnto them commaunding them vpon a great penaltie to take vpon them that degree by a day certaine therein assigned Dyer fol. 72. num 1. see Counte And of these one is the Kings Sergeant being commonly chosen by the King out of the rest in respect of his great learning to pleade for him in all his causes as namely in causes of treason pl. cor lib. 3. cap. prim And of these there may be more if it so please the King This is called in other Kingdomes Aduocatus Regius Cassan de consuet Burgund pag. 850. With what solemnitie these Sergeants be created reade Fortescue cap. 50. This word Sergeant seemeth to be vsed in Brition for an Officer belonging to the Countie who in his first chapter speaking of Appeales made before the Corones hath these words in effect And then let the Coroner cause his appeale to be entred and the names of his sureties And afterward let commaundement be giuen to the Sergeant of the countrie where the felonie was committed that he haue the bodie of the persons appealed at the next Countie And it is probable that this officer was all one with him whom Bracton in his fifth booke cap. 4. num 2. calleth Seruientem Hundredi of whome he hath these words Post probationem defaltae faciet seruiens Hundreds incontinenti summonitionem vel affidet partibus diem si praesentes sint ad proximum Comitatum c. This is like to be the same Officer which in auncient time was called the Bayliffe of the Hundred who as is declared in Baylife had the like authoritie in his Hundred that the shyreeue had in the Countie though inferiour to him and to be controlled by him as appeareth by diuers auncient presidents set downe by Kitchin in his tractat of Returns in Court Hundred Court Baron c. I read also in Bracton lib. 3. tractat 2. ca. 28. Of the Kings Sergeant who is like to be also an officer in the County in these words speaking of a woman ranished and what shee ought to doe for the persuite of the Rauisher sic ire debet ad praepositum Hundredi ad seruientem Domini Regis ad coronatores ad vice-comitē ad primū comitatū faciat appellū suum And againe eod li c 32. in these words si sine secta cognouerit se inde esse latronem coram vicecomite vel coronatore vel seruiente Domini Regis c. And againe lib. 5. tractat 3. cap. 4. nu 8. in these words Quid si seruiens Domini Rogis dederit partibus diem ad Comitatum c. And by Fleta it seemeth that this terme was generall to the Shyreeue Coroner and Bayliffes of Counties who in his sixth booke cap 3. § 1. hath these worde Cum quis igitur senserit dominum suum vel curiam suam sibi de recto defecisse tunc ostenso hoc vicecomiti statim praecipiat balliuo Hundredi vel itineranti vel alteri seruienti Regis quòd assumptis sibi liberis legalibus hominibus de vicineto illo ad curiam illius domini si quem habuerit accedat c. And to helpe this probability I finde that the steward of a maner is termed seruiens manerii Coke Vol 4. Copyhould cases fo 21. a. Then is there a Sergeant at armes seruiens ad arma whose office is to attend the person of the King anno 7. H. 7. ca. 3. to arrest traitours or men of worth or reckoning that doe or are like to contemne messengers of ordinary condition for other causes and to attend the Lord high Steward of England sitting in Iudgement vpon any Traytour and such like pl cor lib. 3. cap. pri Of these by the statute anno 13. R. 2. cap. 6. there may not be aboue thirtie in the Realme This sort is called del espee In the custumary of Nor. ca. 5. which read There be also some two of these Sergeants of the Parlament one for the vpper another for the lower house whose office seemeth to serue for the keeping of the doores and the execution of such commaundements especially touching the apprehension of any offender as either house shall thinke good to inioyne them See Cromptons Iurisdictions fol. nono See also Vowels aliâs Hookers booke of the order of the Parl. There is one of these that belongeth to the Chauncery who is also called a Sergeant of the Mace as the rest may be because they cary Maces by there office He of the Chauncery attendeth the Lord Chaunceler or Keeper in that court for the meanes to call all men into that court is either by this officer or by sub poena West pa. 2. sym tit Chauncery Sect. 17. Then be there sergeants that be the chiefe officers in their seuerall functions within the kings houshould which be chiefe in their places of which sort you may read many named in the statute anno 33. H. 8. ca. 12. There is also a more base kinde of sergeant of the Mace whereof there is a troupe in the City of London and other townes corporate that serue the Maior or other head officer both for mesniall attendance and mater of Iustice Kitchin fol. 143. And these are called Seruientes ad clauā New book of Entries ver scire facias in Mainperners f. 538. c. 3. Sergeantie Seriantia commeth of the French Sergeant i. satelles fignifieth in our cōmō law a seruice due to the King frō his tenēt holding by such seruice For this seruice cannot be due to any L. from his Tenēt but to the King onely And this is either grand or petit as you shall find at large set downe in Chivalrie Of this also you may read Bra l. 2. c. 16. c. 37. n. 5. 4. Brit. c. 66. n. 1. 2. See Seruice M. Skene de ver signifi calleth this Sergeanterie defining and diuiding it as we doe in England Servientibus are certaine writs touching seruants and their Masters violating the statutes made against their abuses which see in the Regist orig fol. 189. 190. 191. Service seruitium though it haue a generall signification of dutie toward them vnto whome we owe the performance of any corporall labour or function yet more especially in our common lawe it is vsed for that seruice which the tenent by reason of his see oweth vnto his Lord. And so doth it signifie among the Feudists also For Hotoman thus defineth it Seruitium est munus obsequii clientelaris verbo Servitium De verbis feudal or rather declareth it so to be defined lib. feud 2. titulo 51. § 8. It is sometime called seruage as anno i. R. 2. cap. 6. This seruice is either militarie and noble commonly called Knights seruice or clownishe base commonly called socage of both which reade Chiualry as also socage and Bracton lib. 2. cap. 16.
signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce â—tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br fol. 175. Super statuto facto pour seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his court of freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actioÌ„ opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and
of the same country to say the truth vpon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall goe a habeas corpora and after a distresse vntill they come old nat br fol. 157. See how diuersly this writ is vsed in the table of the Register Iudiciall There is also a writ of this name that is originall as appeareth in the Register orig fol. 200. b. which M. Lamberd in his processes annexed to his Eirenarcha saith to be the common proces vpon any presentment not being felony nor especially appointed for the fault presented by statute Whereof he setteth downe an example in the same place See also the new booke of Entries verbo Enquest fol. 253. columna 1. 2. 3. Venire facias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or neare place As for example twelue of the Assise ought to be of the same Venew where the Demaund is made old nat br fol. 115. and in the statute anno 4. H. 4. ca. 26. anno 25. H. 8. ca. 6. I finde these words And also shall returne in euery such panell vpon the venire facias sixe sufficient Hundreders at the least if there be so many within the Hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that faith shee is with childe and thereby withhouldeth land from him that is the next heire at the common law Register originall fol. 227. a. Verdour viridarius commeth of the French verdior i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his forest lawes pag. 332. defineth him a Iudiciall officer of the Kings forest chosen by the King in the full county of the same shire within the forest where he doth dwell and is sworne to maintaine and keepe the Assises of the forest and also to view receiue and inrolle the Attachments and presentments of all maner of trespasses of the forest of vert and venison And the same authour vpon the first artitle of Canutus charter in the beginning of the same part saith that these in the Saxons times were called Pagened being foure in number and they chiefe men of the forest as then they were Their fee was in Canutus time each of them euery yeare of the Kings allowance two horses one of them with a saddle another of them without a saddle one sword fiue Iauelins one speare one shield and ten pounds in money These foure as appeareth by the said charter nu 11. had regalem potestatem and might proceede to a threefold iudgement And if any man offered them or any of them violence if he were a free man he should loose his freedome and all that he had if a villein he should loose his right hand All the officers of the forest were to be corrected and punished by them ibidem nu 10. The verdour is made by the Kings writ Cromptons Iurisd fol 165. the forme of which writ you haue in Fitzh nat br fol. 164. which is directed to the Shyreeue for the choice of him in a full County by the assent of the said County Yet if a verdour bee sodainely sicke or dead at the time of the Iustice seate a new may be chosen without a writ Manwood parie prim pag. 72. the office is as Crompton saith loco allegato properly to looke to the vert and to see that it be wel maintained Also when any forfeiture is taken in the Forest before the Foristers or other ministers the price thereof shall be deliuered to the verdour who is to answer for it before the Iustices in Eyre And if he die his heire is chargeable therewith Crompton ibidem The forme of his oath at his admittance you may see in Manwoods first part of his Forest lawes pag. 51. who there calleth him verderour aliâs verdictor You shall truly serue our Soueraigne Lord the King in the office of a verderor of the Forest W. you shall to the vttermost of your power and knowledge do for the profit of the King so farre as it doth apperteine vnto you to do You shall preserue and maintaine the auncient rights and franchises of his Crowne you shall not conceale from his Maiestie any rights or priuiledges nor any offence either in vert or venison or any other thing You shall not withdraw nor abridge any defaults but shal endeuour your selfe to manifest and redresse the same and if you cannot doe that of your selfe you shall giue knowledge thereof vnto the King or vnto his Iustice of the Forest You shall deale indifferently with all the Kings liege people you shall execute the lawes of the Forest and do equall right and iustice as well vnto the poore as vnto the rich in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any reward fauour or malice All these things you shall to the vttermost of your power obserue and keepe Their office is farder expressed eodem pag. 93. which is to sit in the court of attachment to see the attachments of the Forest to receiue the same of the Foresters and Woodwards that do present them and then to enter these Attachments into their rolles Verdict veredictum is the answer of a Iurie or Enquest made vpon any cause ciuill or criminall committed by the court to their consideration or triall And this verdict is two-fold either generall or especiall Stawnf pl. cor lib. 3. cap. 9. A general verdict is that which is giuen or brought into the Court in like generall termes to the generall issue as in an action of disseisin the Desendant pleadeth No wrong no disseisin Then the issue is this in generall whether the fact in question be a wrong or not And this committed to the Iurie they vpon consideration of their euidence come in and say either for the plaintiffe that it is a wrong and disseisin or for the Defendant that it is no wrong no disseisin And againe the prisoner at the barre pleading Not guiltie the Enquest in like generall termes bring in their verdict either for the King Cuilty or for the prisoner Not guilty A speciall verdict is that whereby they say at large that such a thing and such they find to be done by the Defendant or Tenent so declaring the course of the fact as in their opinions it is proued and for the qualitie of the fact they pray the discretion of the Court. And this speciall verdict if it containe any ample declaration of the cause from the beginning to the end is also called a verdict at large Whereof reade diuers examples in Stawnf pl. cor lib. 3. cap. 9. and one or two in Litleton fol. 78. 79. See the new booke of Entries verb. Verdict Verge virgata may seeme to come from the French verger i. viridarium hortus It is vsed here in England for the compasse
and sould by weight into a kinde of bundle after it is clensed in such maner as it ought to be by statute And to auoide such deceit as the owners were wont to vse by thrusting locks of refuse wooll and such other drosse to gaine weight they are sworne to performe that office truly betweene the owner and the merchant See the statute anno 8. H. 6. cap. 22. anno 23. H. 8. ca. 17. anno 18. Eliza. ca. 25. Would See Weald Wranglands seeme to be misgrowne trees that will neuer prooue timber Kitchin fol. 169. b. Wormseede semen santonicum is medicinal seede browght forth of that plant which in Latine is called Sementina in English holy wormwood whereof you may read in Gerards Herball li. 2. ca. 435. This is a drugge to be garbled anno 1. Iacob cap. 19. Wreck wreccum vel wrectum maris is the losse of a shippe and the goods therein conteined by tempest or other mischaunce at the sea The Ciuilians call it Naufragium This wreck being made the goods that were in the shippe being brought to land by the waues belong to the king by his prerogatiue And therevpon in many bookes of our common lawe the very goods so brought to land are called wreck And wreck is defined to be those goods which are so brought to land Sir Ed. Coke vol. 6. relatio f. 106. a. the statute anno 17. Ed. 2. ca. 11. in these words Item Rex habebit wreccum maris per totum Regnum ballenas sturgiones captas in mari vel alibi infra Regnum exceptis quibusdam locis privilegiatis per Regem Whereby it appeareth that the King hath them or such as haue by graunt this libertie or priuiledge of him And that this statute doth but affirme the auncient lawe of the land it appeareth by Bracton lib. 2. cap. 5. num 7. hiis verbis Suntetiam alia res quae pertinent ad coronā propter privilegium Regis it a communem non recipiunt libertatem quin dari possint ad alium transferi Quia si transferantur translatio nulli erit damnosa nisi ipsi Regi fiue principi Et si huiusmods res alicui concessae fuerint sicut wreccum maris c. The reason of this he toucheth shortly in his first booke cap. 12. num 10. where he reckoneth these goods iure naturali to be in bonis nullius quia non apparet Dominus eorum sed iure Gentium fieri principis And see him also lib. 2. cap. 24. num 1. 2. It is worth the asking to know what is a wreck and what not in this stricter signification And the author of the termes of lawe saith that if any person of the shippe come to land it is not a wreck or the wreck is not such that the king ought to haue the goods with whome agreeth S. Ed. Coke vol. 6. f. 107. a. No if either Dogge or Catte escape aliue to the land the goods are the owners still so he come within a yeare and day to claime them And for this the statute is plaine Westm pri ca. 4. anno 3. Edw. pri which doctrine Fitzh in his nat br fol. 112. 〈◊〉 extendeth thus farre that if any of the goods be cast vpon the drie land by any in the shippe it is no wreck subiect to the prerogatiue for by this some of the shippe are presumed to come to land and still to haue a custodie of the goods Cooke vbi supra This in the Grand Custumarie of Normandie cap. 17. is called varech and latined veriseum where it appeareth that the like lawe to ours was in Normandie almost in all points But some sorts of their pretious Merchandise doe by their lawe appertaine to the Duke by his prerogatiue though a iust challenge of the goods be made within the yeare and day The Emperours of Rome made no advantage of this pitifull event as appeareth titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poore sea mens miseries in this case For he quietum clamavit wreck suis subditis Rog. Hoveden parte poster suorum annal fol. 386. Of this M. Skene de verb. signif speaketh to this effect wreck signifieth a power liberty and prerogatiue appertaining to the King or to any person to whome the same is graunted by him by feofment or any other disposition to take vp and gaine such goods as are ship broken or fall to him by escheate of the sea Writ breue is that with our common lawyers in Sir Tho. Smiths iudgement lib. 2. de Repub Anglorum cap. 9. which the Civilians call Actionem siue formulam But I am rather of his iudgement that hath added the marginall note vnto him saying that Actio is the parties whole suite and that Breue is the kings precept whereby any thing is comaunded to be done touching the suite or action as the defendant or tenent to be summoned a distresse to be taken a disseisin to be redressed c. And these writs are diuersly diuided in diuers respects Some in respect of their order or maner of graunting are termed originall and some Iudiciall Originall writs be those that are sent out for the summoning of the Defendant in a personall or Tenent in a reall action or other like purpose before the suite beginneth or to begin the suite thereby Those be iudiciall that be sent out by order of the court where the cause dependeth vpon occasion growing after suite begunne old nat br fol. 51. And Iudiciall is thus by one signe knowne from the Originall because the Teste beareth the name of the chiefe Iustice of that Court whence it commeth where the Orig. beareth in the Teste the name of the Prince Then according to the nature of the action they be personall or reall and reall be either touching the possession called writs of Entrie or the property called writs of right Fitzh nat br sparsim per totum Some writs be at the suite of a party some of office old nat br fol. 147. Some ordinary some of priuiledge A writ of priuiledge is that which a priuiledged person bringeth to the court for his exemption by reason of some priuiledge See Pro cedendo See the new booke of Entrise verbo priviledge See Briefe Writ of rebellion See Commission of rebellion Writer of the talies Scriptor talliarum is an officer in the Exchequer being clerk to the auditour of the receipt who writeth vpon the talies the whole letters of the tellers billes Y YArd land Virgataterrae is a quantitie of land called by this name of the Saxon Gyrdlander but not so certaine a quantity as that it is all one in all places For in some country it conteineth 20. acres in some 24. in some 30. as M. Lamb. saith in his explication of Saxon words verbo virgata terrae This yard land Bracton calleth virgatam terrae lib. 2. cap. 20. 27. but he expresseth no certainty what it conteineth
graunted by the Chaunceler of England vpon veiwe of the exception suggested to the Iustices of the common banke or of the Kings benche willing them to graunt summons to the Shyrecue of the countie where the creditour is for his appearance at a certain day before them See more in owld nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our lawe signifieth an officer of the king or some other great personage which yearely by examining the accounts of all vnder officers accountable maketh vp a generall booke that sheweth the difference betweene their receipts or burden and their allowances commonly called allocations as namely the auditours of the exchequer take the accounts of those receiuers which receiue the revenewes of the augmentation as also of the Shyrceues escheatours collectours and customers and set them downe and perfect them Him that will read more of this I referre to the Statut. anno 33. H. 8. c. 33. Auditours of the Prests are also officers in the exchequer that doe take and make vp the great accounts of Ireland Berwick the mint of any mony imprested to any man Auditour of the receipts is an officer of the exchequer that fileth the Tellers bils and maketh an entrie of them and giueth to the Lord Treasurer a certificate of the mony receiued the weeke before He maketh also Debenturs to euery Teller before they pay any mony taketh their accounts He keepeth the blacke booke of the receipts and the Treasurers key of the treasurie and seeth euery Tellers monies locked vp in the new treasury Auenture is a mischance causing the death of a man without felony as when he is sodenly drowned or burnt by any soden disease falling into the water or fire Britton ca. 7. where you may see what it differeth from Misadventure See Misadventure Average averagium by M. Skenes opinion verbo arage de verborum significatione commeth of the word averia i. a beast and so consequently signifieth service which the tenent oweth to to the Lord by horse or cariage of horse I haue heard others probably deriue it from the French euvrage or euvre i. opus It seemeth with vs to haue two diuers significations for the first Rastall titulo Exposition of words maketh mention of the Kings averages which I take to be the kings cariages by horse or cart Then anno 32. H. 8. ca. 14. and anno 1. Iacobi ca. 32. it is vsed for a certaine contribution that merchants and others doe every man proportionably make toward their losses who haue their goods cast into the sea for the safegard of the shippe or of the goods and liues of them in the shippe in time of a tempest And this contribution seemeth to be so called because it is proportioned after the rate of euery mans average or goods caried Averijs captis in withernam is a writ for the taking of catell to his vse that hath his catell taken vnlawfully by another and driuen out of the countie where they weretaken that they cannot be repleuied Register originall fo 82. a. b. See Withernam Averment verificatio cōmeth from the French averer i. testari as averer quelque meschācete i. extrahere scelus aliquod in lucem ex occultis tenebris It signifieth according to the author of the termes of lawe an offer of the defendant to make good or to iustifie and exception pleaded in abatement or barre of the plaintifs actiō But me thinketh it should rather signifie the act thē the offer of iustifying the exception by diuers places where I finde it vsed For example an 34. Ed. 1 stat 2. And the demaundant will offer to averre by the assise or Iurie where to offer to averre and to averre must needes differ and againe in the same staint and the demaundaunt will offer to averre by the countrie c. thirdly in the english nat br fo 57. These errours shall be tried by averment c. Averpennie quasi Averago pennie is mony contributed toward the Kings averages Rastall exposition of words See Average Augmentation augmentatio was the name of a court erected the 27 yeare of H. 8. as appeareth by the 27. chapter of that yeares parlament And the end thereof was that the king might be iustly delt with touching the profits of such religious howses and their lands as weare giuen vnto him by an act of parlament the same yeare not printed For the dissolving of which courte there was authoritie giuen to Queene Mary by the parlament held the first yeare of her raigne ses 2. ca. 10. which shee afterward put in execution by her leters patents The name of the courte grewe from this that the revenewes of the crowne were augmented so much by the suppression of the said houses as the king reserved vnto the crowne and neither gaue nor sold away to others Aulne of Renish wine a. 1. Ed. 6. ca. 13. aliàs Awme of Renish wine 1. laco ca. 33. is a vessell that conteineth 40. gallons Aulnegeowr See Alneger Avo is the name of a writ for the which see Ayle Awncell weight as I haue beene informed is a kinde of weight with scoles hanging or hookes fastened at each end of a staffe which a man lifteth vp vpon his forefinger or hand and so discerneth the equalitie or difference betweene the weight and the thing weied In which because there may and was wont to be great deceipt it was forbidden anno 25. Ed. 3. stat 5. ca. 9. anno 34. eiusdem ca. 5. and the euen ballance onely commanded yet a man of good credit once certified me that it is still vsed in leaden hall at London among butchers c. In the deriuation of this word I dare not be ouer confident But it may probably be thought to be called awnsell weight quasi hand sale weight because it was and is performed by the hand as the otheris by the beame And if I should draw it from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. cubitus the parte of the arme from the elbowe to the fingers ends I might chalenge a good warrand of this from the Romaines whoe thence derived their ancile i. the luckie shield that was saide to be sent from heauen in a tempest to Numa Pompilius together with a voice that the citie of Rome stould be the mightiest of all others soe long as that shield remained in it Auncient d 〈…〉 antiquum dominicum is called more at large anncient demeasn of the king or of the crowne Fazb nat brifo 14. d. It cōmeth of 2. French words auncien 1. veter vetus veteranus antiquus and of demaine alias domaire i. publicum vectigal It signifieth in our common lawe a certaine tenure whereby all the maners belonging to the crowne in the daies of Saint Edward the Saxon king or of William the conquerour did hold The number names of which maners as all other belonging to common persons he caused to be written
as well the inquest that indicteth a man as the enquest vpon the arraignment that attainteth or acquiteth him For these two make but one entire triall that euery man is to haue when he is impeached of treason But others haue answered to this that triall in common speech is the triall that a man is to haue after he is indicted and not before For in lawe the inditement is nought but the accusation against him which he is to make answer vnto and that being tried it either attainteth or acquiteth him So that the triall is the issue which is tried vpon the Inditement not the Inditement it selfe For that is no part of the thing which trieth but the thing which is tried and the offence And so is this word Triall vnderstood in the statute anno 33. H. 8. cap. 23. where it saith thus must be indighted within the shires or places where they committed their offences and also tried by the Inhabitants or feeeholders So he putteth a differen ce betwene Inditement and Triall as he doth also afterward in these words There to be indited and tried of their offences c. Thus far Stawnf Sir Tho. Smith de Rep. Anglo li 2. ca 5. saieth that by order and vsage of England there are three trialls that is 3. waies and maners whereby absolute and definite Iudgement is giuen by Parlament which is the highest and most absolute by battell and great Assise which he seuerally describeth in 3. chapters folowing though not so fully as the thing requireth But of the great Assise he speaketh at large in the 23. chapter of the same booke And of these trials see more in Stawnf pl. cor lib. 2. cap. pri 2. 3. whereof he deuideth the great Assise into two sorts one proper to Baroâ— of the Parlament which is by 20. or 18. of their Peeres the other common to others of lower condition which is by 12. men that be neighbours to the place where the offence was committed And of those you may read him at large in the saide chapters there following See Twelue men See the new booke of Entrise verbo Triall Trihing Trihinga vel Trithinga seemeth by a place in Edward the confessours lawes set out by M. Lamberd nu 34. to be the third part of a shire or prouince otherwise called Leth which we now call Leete The same lawe doth M. Camden also mention pag. 102. 103. This court is ahoue a court Baron and inferiour to the Shire or countie This word is also vsed in the sentence of excommunication vpon the great Charter and charter of the Forest denounced in the daies of Edward the first as it is latined in the booke called pupilla oculi parte 5. cap. 22. A. I. in these words Visus autem de franco plegio sic fiat sc quòd pax nostra teneatur quod Trihing a integra sit sicut esse consueuit c. Of this Fleta lib. 2. cap. 61. § final writeth thus Sciendum est quod alâ—â— potestates erant super Wapentakia quae Tritinga dicebantur eo quòd erat tertia pars prouinciae qni verò super eas dominabantur trithingreves vocabantur quibus deferebantur causa quae non in Wapentakiis poterant definiri in Schiram Sicque quòd vocatur Hundredum iam per variationem locorum idiomatis Wapentakie appellatur tria vel quatuor velplura Hundreda solebant trithinga vocari quod in trithingis non poterant diffiniri in shiram i. in comitatum deferebatur terminanduÌ„ Modernis autem temporibus pro vno eodeÌ„ habentur apud homines Hundreda Wapentakia trithinga Learne whether those diuisions in Yorke-shire called ridings be not quasitrithings Of this Roger Houeden parte post suorum annal fo 346. b. hath the same words in effect Treswell of double soled shooes anno 2. 3. Ed. 6. cap. 9. which as I haue heard should rather be written creswel signifieth the broad edge or verge of the shoe sole round about Trinitie honse is a certaine house at Deptford which belongeth to a companie or corporation of sea-faring men that haue power by the Kings Charter to take knowledge of those that destroy sea markes and to redresse their doings as also to correct the faults of saylers c. and to take care of diuers other things belonging to nauigation and the seas v. anno 8. Elizab. ca. 13. anno 35. eiusdem ca. 6. Trink is a kind of net to fish withall anno 2. H. 6. cap. 15. Triours be such as be chosen by the court to examine whether a challenge made to the panell or any of the panell be iust yea or not Brooke titulo Chalenge f. 122. ould na br f. 158. Tritis aliás Tristis is an immunitie from that attendance in the forest whereby euery man dwelling in the forest is tyed to be readie houlding of a Greyhound when the Lord of the Forest is disposed to chace within his Forest at such place as he shall be appointed or els to be amerced for dis default Manwood parte pri of his forest lawes pag. 86. and Cromptons Iurisdict fol. 192. 197. Tronage Tronagium is a kind of tolle Westm 2. cap. 25. anno 13. Ed. 1. taken as it seemeth for weying For I find in Fleta li. 2. cap. 12. § Item vlnas that trona is a beame to weigh with See Weight Trover commeth of the French Trouver i. Invenire It signifieth in our common lawe an action which a man hath against one that hauing found any of his goods refuseth to deliuer them vpoÌ„ demaund See the new bookof Entries ver Trover Troy weight Pondus Troiae See Weight Tumbrell Tumbrellum is an engine of punishment which ought to be in euery libertie that hath view of frank pledge for the coertion of skowldes and vnquiet women Kitchin fo 13. a. Newe booke of Entries Franchise 2. Quo warranto 〈◊〉 See Cucking stoole Tunne is a measure of oile or wine conteining twelue score and twelue gallons anno 〈◊〉 R. 3. cap. 12. that is 4. hogsheads Tunnage See Tonnage Turbarie Turbaria is an interest to digge turves vpon a common Kitchin fol. 94. old not br fol. 70. It commeth of the rude Latine word Turba which is vsed for a turfe Lynd in provin de deâ—imis cap. finaliâ— Turmerick Turmerica is a certaine roote of an herb growing in Arabia as I haue bene informed very wholsome for diuers diseases in horses and sometime vsed for man also in the case of ieandes It is reckoned among the garbleable drugs anno 1. Iaco. ca. 19. Turne Turnum is the Shyreeues court kept euery yeare twice once after Faster and againe after Micheelmas Magna charta cap. 35. and that within one moneth after each feast anno 3. Ed. 3. c. 15. from this court are exempted onely Archbishops Bishops Abbots Priors Earles Barons all religious men and women and all such as haue Hundreds of their owne to be kept And these are not bound